Background

In D.04-12-015, the Commission adopted, with two modifications, a multi-party Settlement Agreement (Settlement)1 resolving contested issues in Application (A.) 02-12-028, the 2004 cost of service proceeding of SDG&E.2 (D.04-12-015, p. 3.) SDG&E challenged the Commission's determinations with regard to SDG&E's share of SONGS costs.

Consistent with long-standing practice, the Commission addressed in Southern California Edison Company's (Edison and/or SCE) general rate case the SONGS-related expenses that Edison bills to SDG&E. (D.04-07-022, p. 60.) The Settlement in SDG&E's rate case included placeholder numbers and deferred the final SONGS costs to the Edison rate case. (Settlement, p. 6.) Regarding SDG&E's SONGS costs the Settlement stated:

The Joint Parties also agreed to serve a late-filed exhibit after the conclusion of the Edison rate case "showing SDG&E's share of the SONGS costs the Commission authorizes in A.02-05-004." (Settlement, p. 6.) The Commission issued D.04-07-022 in Phase 1 of the Edison rate case on July 16, 2004. On September 3, 2004, SDG&E provided a "Follow-up Exhibit," marked as late-filed Exhibit (Ex.) No. 169 in this proceeding. SDG&E requested that its late exhibit be received into evidence. The exhibit was noted in D.04-12-015 (mimeo., p. 22).

In granting rehearing in D.05-05-018, the Commission recognized its record may have been insufficient to support the SONGS calculation in D.04-12-015 which relied on the results of operations model (Ex. 409 in the Edison rate case) and which was not included in the record for SDG&E's test year. The Commission concluded:

In Ordering Paragraph 2, the Commission ruled:

1 The Settlement can be found as Appendix H in D.04-12-015.

2 This is a consolidated proceeding that included the Application for Test Year 2004 Cost of Service, A.02-12-027, filed by Southern California Gas Company (SoCalGas). There was a separate all-party settlement resolving issues in the SoCalGas application. (D.04-12-015, p. 2.)

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