Relevant Record and Exhibits
The ALJ directed SDG&E and other parties to serve as a part of a prehearing conference statement a list to:
1. identify any new exhibits they would propose to serve as necessary to support a reasonable 2004 test year estimate, and the witness(es) competent to sponsor these exhibits;
2. identify all existing exhibits already admitted in the proceeding (with specific citations for portions of those exhibits that may address a broader array of issues), including Ex. 169;
3. identify all existing transcript citations in this proceeding that are applicable to the SONGS forecast;
4. identify all existing exhibits in Edison's A.02-05-004 that are applicable to support a reasonable 2004 test year estimate, and the witness(es) competent to sponsor these exhibits;
5. identify all existing transcript citations in Edison's A.02-05-004 that are applicable to the SONGS forecast; and
6. identify the appropriate ratemaking mechanism (ERRA or elsewhere) to implement any potential adjustments to 2004 and 2005 revenue requirements.
Although parties were directed to identify relevant portions of the existing record in A.02-05-004 and A.02-12-028, the record for the disposition of the rehearing encompasses the entire record in both proceedings as may be identified herein.
SDG&E listed ten exhibits3 and three transcript citations in A.02-12-028, and 27 exhibits and six transcript citations in A.02-05-004, that it considered relevant to the SONGS O&M forecast. SDG&E also served two new exhibits, Exs. 170 and 171.4
We consider the relevant exhibits and transcript references as the underlying record for forecasting test year 2004 SONGS costs billed to SDG&E by Edison. We also include in the record Ex. 409, the Edison results of operation model used in D.04-12-015, and we will again rely on it as appropriate. We will waive the requirement under Rule 72 for SDG&E to serve copies of testimony already on file and in the record of A.02-05-004. We also note that at least some exhibits SDG&E listed are reproduced as attachments to Ex. 170.
As permitted by Rule 72 of the Commission's Rules of Practice and Procedure (Rule)5, we receive in evidence by reference the following exhibits from A.02-05-004: Ex. 409, the adopted results of operations, and both Ex. 261, and Ex. 414 which were prepared testimony for SDG&E.
3 Ex. 169 was filed and served as a component of the settlement agreement for SDG&E's test year revenue requirement. As such, it was unopposed and was received into evidence when filed without protest. Therefore SDG&E is wrong in its assertion that the Commission failed to receive this exhibit into the record. The formal files often appear incomplete prior to closing a proceeding.
4 These exhibits were unopposed and therefore received into the record on the first business day 30 days after service.
5 Rule 72 Commission Records. If any matter contained in a document on file as a public record with the Commission is offered in evidence, unless directed otherwise by the presiding officer, such document need not be produced as an exhibit, but may be received in evidence by reference, provided that the particular portions of such document are specifically identified and are competent, relevant and material. If testimony in proceedings other than the one being heard is offered in evidence, a copy thereof shall be presented as an exhibit, unless otherwise ordered by the presiding officer.
