XIV. RPS Data

We have provided in the Matrix for somewhat greater public access to RPS data than other data, due to the strong public interest in the RPS program.⁷⁷

The RPS program, required by Pub. Util. Code §§ 399.11 through 399.16, requires the Commission to establish a program whereby the utilities must purchase a specified minimum percentage of electricity generated by renewable energy resources. The utilities must increase their total procurement of eligible renewable energy resources by at least one percent per year so that twenty percent of their retail sales are procured from eligible renewable energy resources by December 31, 2010. Renewable energy resources include wind power, biomass, geothermal energy, solar power and biodiesel.

For many reasons - including climate change, air quality, price and supply constraints - California has chosen to lead the way in promoting renewable sources of electricity. As the IOUs in their draft matrix note, the Commission has treated as public information in other energy areas that focus on reducing energy demand and environmental harm, such as the energy efficiency and demand response programs. Consistency with our other programs, and the lack of a specific statute governing RPS data (except as discussed below) warrant greater openness for RPS data.

A. Section 399.14(a)(2)(A)

Section 399.14(a)(2)(A) prohibits a utility from sharing the results of a competitive solicitation for renewable resources until the Commission has established the market price referent that will determine whether winning bids from the solicitation qualify for Supplemental Energy Payments (SEPs). SEPs are payments, administered by the CEC, that are intended to cover some or all (at CEC's discretion) of the difference between the market price referent and the (higher) price of RPS contracts that are approved. Thus, the protection in § 399.14(a)(2)(A) is temporary.

The Commission adopted a methodology for determining the market price referent in D.05-12-042. We noted in that decision that § 399.14(a)(2)(A) requires only that we make determinations of market prices after the closing date of a competitive solicitation. Thus, § 399.14(a)(2)(A) provides confidentiality for the results of a competitive solicitation only until the solicitation is complete. This is a very narrow confidentiality requirement that does not change our general conclusion that most RPS information should be public. It does not affect any of the categories in the ESP Matrix (Appendix 2).⁷⁸

B. Section 399.12(c)(3)(B)

Section 399.12(c)(3)(B) states that "nothing in this subdivision [which defines `retail seller' for purposes of the RPS] may require an electric service provider to disclose the terms of the contract [between the ESP and the retail customer] to the commission." The ESP Matrix reflects this confidentiality provision, which is a narrow one. The parties are primarily concerned in this proceeding with data flowing between IOUs and ESPs, and not with end-user retail customer contracts. Thus, this provision has no bearing on our general conclusion in this decision regarding RPS data.⁷⁹

C. Details of Compliance

We do not agree with AReM/CNE that information regarding whether ESPs are complying with RAR or RPS requirements is sufficient information to release publicly.⁸⁰ Information about how ESPs are complying - their resource mix, the adequacy of their projections, whether they are meeting RPS targets - should also be subject to public disclosure.

⁷⁷ See, e.g., D.05-07-039, mimeo., p. 3 (declining to decide long term RPS solicitation plans without having all IOU data publicly available: "Because of the public importance of RPS planning issues, we are reluctant to issue a decision on RPS long-term planning without discussing all relevant information.").

⁷⁸ See IEP Opening Brief at 14.

⁷⁹ IEP discusses this provision in its Opening Brief at 13-14.

⁸⁰ See AReM/CNE Opening Comments at 54.