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Decision 06-01-047 January 26, 2006

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

R.02-11-039

(Filed on November 21, 2002)

   

ORDER MODIFYING AND DENYING REHEARING OF DECISIONS 04-05-017 and 04-05-018

I. INTRODUCTION

In this decision, we dispose of applications for rehearing of both Decision ("D.") 04-05-017 and D.04-05-018 filed by Mirant Delta, LLC and Mirant Poterero, LLC ("Mirant"), the Western Power Trading Forum, et al. ("WPTF"), and Elk Hills Power, LLC ("Elk Hills").1 We have reviewed each and every allegation of error raised in the applications for rehearing and are of the opinion that applicants have not demonstrated good cause of rehearing. However, we will modify the decisions and General Order ("GO") 167 as explained further below. In addition, we will order supplemental proceedings to further refine the procedures by which staff may issue citations under GO 167. Therefore, we deny rehearing of D.04-05-017 and D.04-05-018, as modified.

1 Elk Hills filed an application for rehearing of only D.04-05-018. Mirant filed two applications for rehearing of D.04-05-017 and D.04-05-018, respectively. WPTF filed one application for rehearing of both D.04-05-017 and D.04-05-018, with joint applicants. The joint applicants include the WPTF; Cabrillo Power I LLC; Cabrillo Power II LLC; El Segundo Power, LLC; Long Beach Generation LLC; FPL Energy, LLC; AES Alamitos LLC; AES Huntington Beach LLC; AES Redondo Beach LLC; Reliant Energy Coolwater, Inc.; Reliant Energy Ellwood, Inc.; Reliant Energy Etiwanda, Inc.; Reliant Energy Mandalay, Inc.; and Reliant Energy Ormond Beach, Inc.

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