VI. Substantial Contribution

TURN has been an active and productive participant in the development of the RPS in California. TURN contributed to each of the six subject Commission decisions and as a member of the PRG for each of the three electric utilities.

In D.03-06-071, we adopted the RPS program for California. TURN actively participated in the RPS process, attended meetings and workshops, filed necessary briefs and formal comments and provided expert witness testimony and cross-examination of witnesses at the evidentiary hearings. TURN contributed to this decision by developing a set of "joint principles" with SDG&E to be used in implementing the RPS to reflect both customer and utility interests. The Commission adopted most of these principles, including transferring environmental attributes of renewable energy to the utilities, developing a market price methodology, calculating gas hedging costs and fuel price inputs and establishing a benchmark to allow sellers to submit varying price bids, among other issues. The Commission directed parties to use the TURN/SDG&E principles as the basis for negotiations on standard contract terms and adopted TURN's proposal for monetary penalties for non-compliance.

D.03-06-073 denied rehearing of D.02-08-071, which adopted interim short-term energy procurement policies and rules, and D.03-05-071 denied rehearing of D.02-10-062, which adopted interim long-term procurement rules. Petitions for rehearing on the two initial decisions were filed by the electric utilities. TURN filed responses in both cases supporting the Commission's initial decisions.

TURN is also seeking compensation for a small number of hours for its contributions to three other procurement related decisions. D.03-02-072 allocated biomass contracts where the Commission recognized, although did not adopt, TURN's position on competitive solicitation. D.03-02-034 granted PG&E's emergency motion, formally supported by TURN, to suspend an undesirable procurement contract during the summer of 2003 that created barriers in securing stable energy supplies. D.03-06-067 granted in part a Petition to Modify D.02-12-074, filed by Edison. TURN supported, and the Commission adopted quantifying the magnitude of a cap on disallowances associated with violations to standards of conduct, among other recommendations. TURN's participation in these three decisions assisted the Commission in the outcome of each.

The PRG process includes a review of short-term strategies and costs and how renewable energy issues are addressed. Most details of PRG activities are protected by confidentiality agreements. TURN participated in this process from the onset, attending most meetings, workshops and conference calls, submitting comments and feedback to the utilities and making appropriate filings as part of the PRG process. TURN also participated in the development of various procurement contract elements, protocols and terms, including a contract modification that continues the consideration of both demand and supply side resource options.

This proceeding has many overlapping issues and involves many parties. Inevitably, intervenors took the same or similar positions on some issues. However, we believe TURN took reasonable steps to coordinate with other parties to complement and assist each other when possible. TURN offered different viewpoints or arguments that supplemented, complemented, or otherwise contributed to the presentation of other parties taking similar positions.

In D.02-10-062 (interim long-term procurement contracts), we stated that "participation in the procurement review process.... by non-market participants who are eligible to request intervenor compensation should be fully compensated because their active participation makes a significant contribution to this proceeding." (p. 3-4). The participation of TURN provided an overall benefit to the Commission. Considering all of the factors listed above, we find that TURN made a substantial contribution to the six subject decisions and to the PRG of each electric utility.