2. Background
Pub. Util. Code § 761.3 establishes the Committee for the purpose of adopting operation and maintenance standards for electric generation facilities.2 It also directs that the Commission:
"implement and enforce standards adopted [by the Committee] for the maintenance and operation of facilities for the generation of electric energy owned by an electrical corporation or located in the state to ensure their reliable operation." (§ 761.3(a).)
We opened this proceeding to implement § 761.3, and resolve issues that arise under that statute. Among other things, we address implementation and enforcement of standards adopted by the Committee.3
2.1. Logbook Standards and Committee Process
The first standards adopted by the Committee, and filed with the Commission for implementation and enforcement, are Logbook Standards for thermal powerplants. Described briefly, the Committee adopted these standards using the following steps.
On January 31, 2003, proposed logbook requirements were circulated to participants before the Committee. At its meeting on February 3, 2003, the Committee endorsed the setting of dates for serving comments and reply comments. By Ruling dated February 7, 2003, the proposed logbook requirements were formally served on participants before the Committee, with comments due by February 24, 2003, and reply comments due by March 3, 2003. Timely comments were served by Pacific Gas and Electric Company (PG&E); Southern California Edison Company (SCE); San Diego Gas & Electric Company (SDG&E); AES Alamitos, LLC, AES Huntington Beach, LLC, and AES Redondo Beach, LLC (AES); Mirant Delta, LLC and Mirant Potrero, LLC (Mirant); El Segundo Power LLC, Long Beach Generation LLC, Cabrillo Power I LLC, and Cabrillo Power II LLC (West Coast Power or WCP); Reliant Energy Coolwater, Inc., Reliant Energy Ellwood, Inc., Reliant Energy Etiwanda, Inc., Reliant Energy Mandalay, Inc., and Reliant Energy Ormond Beach, Inc. (Reliant); Midway-Sunset Cogeneration Company (Midway-Sunset); and Constellation Generation Group (Constellation).4 No reply comments were served.
On March 28, 2003, revised proposed Logbook Standards were distributed to the Committee and participants before the Committee. At its meeting on April 1, 2003, the Committee heard public comments on the revised proposed Logbook Standards from Mirant, PG&E, SCE and Dynegy, Inc. (Dynegy). After discussion, the Committee adopted the revised proposed Logbook Standards, but limited their application to thermal powerplants. On April 2, 2003, the adopted Logbook Standards were filed with the Commission, and served on parties. (See Attachment A, Sections I and II.)
In summary, the adopted Logbook Standards define requirements for facility logs and specify the information that must be maintained. For example, each facility is required to maintain a Control Operator Log. This log is a chronological history of the facility, including detailed entries regarding operation and maintenance. Generators may elect to record certain kinds of information in logs separate from the Control Operator Log. These separate logs are the Equipment Out of Service Log and Work Authorization Log. Logs must be retained in hard copy, electronic format, or both, for a minimum of five years from the date of the log entry.5 All information must be readily available at all times to operators, Commission staff, and other authorized personnel.
2.2. Commission Process
By Scoping Memo and Ruling dated February 19, 2003, the Assigned Commissioner identified the issues, and set dates for the filing and service of proposals and comments on several matters, including implementation and enforcement of Logbook Standards.6 Timely comments on implementation and enforcement of Logbook Standards were filed and served on April 8, 2003, by PG&E; SDG&E; Reliant; WCP; Mirant; CPSD; Duke Energy North America (DENA); and Elk Hills Power, LLC (Elk Hills). Timely reply comments were filed and served on April 14, 2003, by CPSD, Mirant, Elk Hills and AES. Motions for formal hearing were due by April 14, 2003. No motions were filed.
Parties raise limited general issues, and comment on eight specific issues. We first address two threshold matters: (a) jurisdiction; and (b) authority to adopt, implement, and enforce Logbook Standards. We then address the eight specific issues identified in the Scoping Memo.
2 Senate Bill (SB) X2 39 (Burton and Speier), added by Statutes 2002, Second Extraordinary Session, Chapter 19, Section 4 (effective August 8, 2002). All statutory references are to the Public Utilities Code unless specified otherwise. 3 As also required by SB X2 39, we opened this proceeding to develop rules "to enforce the protocols for the scheduling of powerplant outages of the Independent System Operator." (§ 761.3(a).) 4 A copy of these comments may be found on the Commission's website at www.cpuc.ca.gov by clicking on "Electric Generation Standards Committee." 5 The proposed GO (filed and served October 2, 2003 for comment) requires that all records, including logbooks, be retained "for the entire period that the Generating Asset is in Active Service or remains available for Active Service, plus three additional years." (Section 11.4 of the proposed GO.) If the Commission adopts the GO as proposed, the data retention period shall be the longer of the two that control in any particular situation (e.g., minimum of five years, or life of asset plus three years). 6 The February 19, 2003 Scoping Memo and Ruling established Phase 2 of this proceeding for that purpose, and identified eight issues for consideration by the Commission. It also set several dates for the filing and service of various pleadings (e.g., proposals, comments, reply comments, motions for formal hearing, responses to motions for formal hearing).
