Comments on Draft Decision

Rule 77.7 of the Commission's Rules of Practice and Procedure provides for public review and comment for draft decisions subject to Pub. Util. Code § 311(g). Rule 77.7(f) allows the Commission to reduce the period for public review and comment for alternates under various circumstances. Rule 77.7(f)(9) specifically provides for an exemption:

For a decision where the Commission determines, on the motion of a party or on its own motion, that public necessity requires reduction or waiver of the 30-day period for public review and comment. For purposes of this subsection, "public necessity" refers to circumstances in which the public interest of the Commission adopting a decision before expiration of the 30-day review and comment period clearly outweighs the public interest in having the full 30-day period for review and comment. "Public necessity" includes, without limitation, circumstances where failure to adopt a decision before expiration of the 30-day review and comment period would place the Commission or a Commission regulatee in violation of applicable law, or where such failure would cause significant harm to public health or welfare. When acting pursuant to this subsection, the Commission will provide such reduced period for public review and comment as is consistent with the public necessity requiring reduction or waiver.

Pursuant to Rule 77.7(f)(9), we determine that public necessity requires a reduced period for public review and comment. Given the current electric supply shortages, time is of the essence in implementing these programs. This comment period provides notice and opportunity to be heard regarding the modification of these decisions. We further note that the parties have had the opportunity for both comments and reply comments prior to the issuance of this Order, both in response to ALJ rulings, and during the public planning process that preceded the filing of these applications.

On January 11, 2001, comments were received by Southern California Edison (SCE), Pacifica Gas and Electric (PG&E), San Diego Gas and Electric (SDG&E), SoCal Gas, Primis, National Resources Defense Council (NRDC), Organization of Ratepayer Advocates (ORA), Robert Mowris and Associates, REECH, RESUE and SESCO, INC, TURN, California Energy Commission, Cal-UCONS, and the Sierra Club. On January 16, 2001, reply comments were received by PG&E, SCE, and SDG&E. In response to comments we modified the demand savings. The new construction targets for all utilities were also revised on the basis of comments from SCE and several other parties.

In addition, we affirm that we will rely on the Office of Ratepayer Advocates to be the Commission's primary agent responsible for verification of equipment installations and budget commitments in forthcoming AEAP proceedings. In response to NRDC, we clarify that thermal energy shortage must be energy efficient as well as peak demand reducing.