9. Ex Parte Communications

This ratesetting proceeding is subject to Pub. Util. Code § 1701.3(c), which prohibits ex parte communications unless certain requirements are met (see also, Rule 7(c)). An ex parte communication is defined as "any oral or written communication between a decisionmaker and a person with an interest in a matter before the commission concerning substantive, but not procedural issues, that does not occur in a public hearing, workshop, or other public proceeding, or on the official record of the proceeding on the matter." (Pub. Util. Code § 1701.1(c)(4).) Commission rules further define the terms "decisionmaker" and "interested person" and only off-the-record communications between these two entities are "ex parte communications."34

By law, oral ex parte communications may be permitted by any Commissioner if all interested parties are invited and given not less than three business days' notice. If a meeting is granted to any individual party, all other parties must be granted individual ex parte meetings of a substantially equal period of time and shall be sent a notice at the time the individual request is granted. Written ex parte communications may be permitted provided that copies of the communication are transmitted to all parties on the same day. (Pub. Util. Code § 1701.3(c); Rule 7(c).) In addition to complying with all of the above requirements, parties must report ex parte communications as specified in Rule 7.1.

Therefore, IT IS ORDERED that:

1. The Commission hereby institutes this rulemaking on its own motion to continue ongoing efforts to develop avoided costs in a consistent and coordinated manner across Commission proceedings.

2. Pacific Gas and Electric Company, Southern California Edison Company, San Diego Gas & Electric Company, and Southern California Gas Company are Respondents to this proceeding.

3. This rulemaking serves as the consolidated forum for developing the methods, input assumptions, and updating procedures for avoided cost calculations and for adopting calculations and forecasts of avoided costs used in Commission proceedings, including but not limited to Rulemaking (R.) 02-06-001 (Demand Response), R.04-03-017 (Distributed Generation), R.01-08-028 (Energy Efficiency), ongoing Annual Earnings Assessment Proceedings, and all other proceedings where avoided cost calculations or forecasts are applied. This rulemaking also serves as the forum for updating qualifying facility (QF) avoided cost pricing, per the Commission's direction in Decision 03-12-062. The record developed to date on updating avoided-costs in the aforementioned proceedings shall be incorporated into the record in this rulemaking. All further development of a record on the methods, specific input assumptions to be used in applications of avoided costs, updating procedures for avoided cost calculations and for adopting calculations and forecasts of avoided costs used in Commission proceedings shall occur in this rulemaking, unless directed otherwise by the Commission. Consideration of other factors in pricing and valuing resource options (e.g., statutory requirements) that are specific to particular resource types may need to be addressed in resource-specific proceedings.

4. The Executive Director shall cause this Order Instituting Rulemaking to be served on Respondents, the California Energy Commission, the California Consumer Power and Conservation Financing Authority, the California Independent System Operator, and parties to the following existing Commission proceedings: R.01-10-024 and R.04-04-003, its successor; R.02-06-001; R.99-10-025 and R.04-03-017; R.01-08-028; Investigation 00-11-001; R.04-01-026; R.99-11-022; and R.04-01-025 and R.04-04-025.

5. Within 20 days from the date of mailing of this order, any person or representative of an entity interested in monitoring or participating in this rulemaking shall send a request to the Commission's Process Office, 505 Van Ness Avenue, San Francisco, California 94102 (or ALJ_Process@cpuc.ca.gov) asking that his or her name be placed on the official service list for this proceeding. The request should include the rulemaking proceeding number, your name, U.S. postal address, phone number, and an electronic mail address. The request should indicate whether you want to be placed on the service list as an "appearance" (party status), "state service," or "information only." (See Attachment A.) If you do not have access to electronic mail, please indicate this in your request. Parties may also appear at the first prehearing conference (PHC) in order to enter an appearance in the proceeding.

6. All parties shall abide by the Electronic Service Protocols attached as Attachment A to this order.

7. As discussed in this rulemaking, the report entitled "A Forecast of Cost Effectiveness Avoided Costs and Externality Adders" prepared by Energy and Environmental Economics, Inc. under Energy Division's direction has been posted to the Commission's Website. The schedule established by the February 6, 2004 ruling in R.01-08-028 for Energy Division's workshop and pre- and post-workshop comments is incorporated into this docket, as follows:


Energy Division Workshop Notice by May 21, 2004


Pre-Workshop Opening Comments June 4, 2004


Pre-Workshop Reply Comments June 18, 2004


Energy Division Workshop June 23, 24, and 25, 2004


Post-Workshop Comments July 16, 2004


Post-Workshop Reply Comments July 30, 2004

8. As soon as practicable after the workshop, the Administrative Law Judge (ALJ) shall schedule a PHC in this proceeding to finalize the scoping memo, prioritize the scheduling of avoided cost issues across the various avoided cost applications, including QF pricing and RPS bid evaluation, and address other procedural issues. The ALJ's notice of PHC shall solicit PHC statements, whereby interested parties may respond pursuant to Rule 6(c)(2) to our preliminary determinations regarding the need for hearings, category of proceeding and scoping memo.

9. The category of this rulemaking is preliminarily determined to be "ratesetting." Any person who objects to the preliminary categorization of this rulemaking as "ratesetting" shall state his/her objections in his/her PHC Statement.

10. The ALJ may make any revisions to this schedule, as necessary to facilitate the efficient management of the proceeding.

This order is effective today.

Dated April 22, 2004, at San Francisco, California.

ATTACHMENT A

ELECTRONIC SERVICE PROTOCOLS

These electronic service protocols are applicable to all "appearances" and individuals/organizations on the "state service" list that serve comments or other documents in this proceeding.

34 See Rules 5(e), 5(f), and 5(h).

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