3. Record Issues

In a response to the Applications for Rehearing, Constellation asserts that the record was not sufficiently developed to support our adopting the requirement that LSEs must procure resources that are available to the CAISO when and where needed. This claim will be denied for two reasons. First, such a claim cannot be made in a response to an application for rehearing. Parties seeking rehearing should make their claims in an application for rehearing within 30 days of the mailing of a decision, not 45 days later in a response. (Pub. Util. Code, § 1731, subd. (b).) If Constellation truly wished to assert that the Commission could not adopt such a requirement without further proceedings, it should have both (1) filed a timely application for rehearing on the matter and (2) explained what actual issues the rehearing would need to address. Second, the record supports Commission action on must-offer issues, both in terms of the elements we look for in RA resources and the discussion of the FERC-MOO. In their comments on the Workshop Report a number of parties pointed out that unless the RAR framework could immediately guarantee the CAISO sufficient resources, the current mechanism to ensure reliability, the FERC-MOO, should remain in place until the MRTU is complete. In addition, the workshop report showed that parties actively considered how to provide the CAISO with the resources it needed to ensure reliability, including the methods we adopted.