2. Procedural Background
CMUA filed petitions to modify D.04-11-015 and D.04-02-062 on February 16, 2005.1 Notice of the petitions appeared in the Daily Calendar on February 23, 2005.2 Responses were filed by Merced, Modesto, PG&E, and the Northern California Power Agency (NCPA).
Merced and Modesto each filed a petition to modify D.04-02-062 on February 25, 2005.3 Notice of the petitions appeared in the Daily Calendar on March 1, 2005. A response was filed by PG&E.
Decision 04-11-015 was issued in A.04-07-032 and D.04-02-062 was issued in I.02-04-026. The petitions to modify D.04-11-015 and D.04-02-062 raise related questions of law and fact. Therefore, A.04-07-032 and I.02-04-026 are consolidated pursuant to Rule 55 for the sole purpose of resolving these petitions.
The petitions addressed by today's Decision seek to exempt two types of MDL from the RAC and Energy Recovery Bond Charges. These charges recover costs associated with PG&E's recent bankruptcy. The two types of MDL at issue are (1) new MDL, and (2) transferred load.4 Both types of load are located in PG&E territory that is shared with a publicly owned utility (POU) or annexed by a POU. A key feature of new MDL is that it was never served by PG&E.5 Transferred load is existing PG&E load that transfers to a POU.
1 CMUA filed a document titled Motion for Clarification, or, Alternatively, Petition to Modify Decision 04-12-059 and Related Decisions. Pursuant to instructions from the Commission's Docket Office, CMUA changed the title to Petition for Modification of D.04-02-062 in I.02-04-026, Petition for Modification of D.04-11-015 in A.04-07-032, and Petition for Modification of D.04-12-059 and D.03-08-076 in R.02-01-011. Today's Decision addresses CMUA's petitions to modify D.04-11-015 issued in Application (A.) 04-07-032 and D.04-02-062 issued in Investigation (I.) 02-04-026. Another Commission decision will address CMUA's petition to modify D.04-12-059 and D.03-08-076 issued in Rulemaking (R.) 02-01-011.
2 CMUA is not party to the proceedings in which D.04-11-015 and D.04-02-062 were issued. Rule 47(e) states: "If the petitioner is not a party to the proceeding...the petition must state specifically how the petitioner is affected by the decision and why the petitioner did not participate...earlier. A separate petition to intervene (see Article 14) is not required. The petitioner will become a party to the proceeding for the purpose of resolving the petition."
3 Modesto has also filed an application to rehear D.04-02-062. Today's Decision does not address or otherwise prejudge this rehearing application.
4 Today's Decision does not address MDL that is not "new" or "transferred."
5 Because PG&E cannot know the precise level of future new MDL, it is possible that PG&E might have signed contracts to purchase electricity in anticipation of serving some future load that ultimately becomes new MDL.
