COM/MP1/jf2/acb* Mailed May 7, 2004

Decision 04-05-017 May 6, 2004

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Rulemaking to implement the provisions of Public Utilities Code § 761.3 enacted by Chapter 19 of the 2001-02 Second Extraordinary Legislative Session.

Rulemaking 02-11-039 (Filed November 21, 2002)

INTERIM OPINION REGARDING COMMISSION IMPLEMENTATION

AND ENFORCEMENT OF LOGBOOK STANDARDS

FOR THERMAL POWERPLANTS

TABLE OF CONTENTS

Title Page

INTERIM OPINION REGARDING COMMISSION IMPLEMENTATION 1

AND ENFORCEMENT OF LOGBOOK STANDARDS 1

FOR THERMAL POWERPLANTS 1

1. Summary 1

2. Background 2

2.1. Logbook Standards and Committee Process 2

2.2. Commission Process 4

3. Jurisdiction: Hydro, Nuclear, EWGs, Other 5

3.1. Hydroelectric 5

3.2. Nuclear and Other Plants Specifically Excluded by § 761.3 6

3.3. EWGs 7

3.3.1. State Law 8

3.3.2. Federal Law 17

3.4. New Facilities 19

3.5. Out-of-State and Joint Ownership 20

3.6. Conclusion on Covered Thermal Facilities 21

4. Authority to Adopt Logbook Standards 21

4.1. Logbook Standards are Operation and Maintenance Standards 21

4.2. Administrative Procedures Act 23

5. Eight Specific Issues Identified in Scoping Memo 25

5.1. Implementation 25

5.1.1. Compliance Document 25

5.1.2. Use of FERC or CAISO Tariffs 27

5.2. Common Format 28

5.3. Electronic Copy Available in "Real Time" 31

5.4. Enforcement 32

5.5. Public Utility Status 35

5.6. Changes 36

5.7. Specific Recommendations 39

5.8. Other: Confidentiality 40

6. California Environmental Quality Act 41

7. Comments on Draft Decisions 41

A. Comments on Commissioner Wood's Draft Decision 41

7.1. Data Retention Period 43

7.2. Waiver of Logbook Standards 45

B. Comments on Draft Alternate Decision 46

8. Assignment of Proceeding 47

Findings of Fact................................................................................... 47

Conclusions of Law............................................................................. 50

INTERIM ORDER.............................................................................. 55

ATTACHMENT A - Electricity Generating Facilities Logbook Standards for

Thermal Powerplants

ATTACHMENT B - Sample Verified Statement

INTERIM OPINION REGARDING COMMISSION IMPLEMENTATION

AND ENFORCEMENT OF LOGBOOK STANDARDS

FOR THERMAL POWERPLANTS

1. Summary

Pub. Util. Code § 761.3 requires that the Commission implement and enforce operation and maintenance standards adopted by the California Electricity Generation Facilities Standards Committee (Committee). This order involves our implementation and enforcement of Committee-adopted Logbook Standards for thermal powerplants. (See Attachment A.)

Within 30 days of the date this order is mailed, an authorized representative of each covered electricity generation facility shall file a verified statement with the Director of the Consumer Protection and Safety Division (CPSD).¹ The statement shall indicate that (a) the facility is keeping required logbooks, (b) a compliance document has been prepared, and (c) logbooks and the compliance document are being updated and maintained. The compliance document will show where and how data required by the Logbook Standards are recorded and maintained for each facility. Only facilities 50 megawatts (MW) and larger are required to keep the specified logbooks, prepare a compliance document, and file the verified statement.

Within 12 months, respondents shall file and serve an application that addresses implementation and enforcement of a common format for recording and maintaining logbook data. The proceeding remains open.