V. Other Biogas Issues
RCM Digesters and the Western United Dairymen raised issues generic to biogas, because one of the contracts at issue is with a dairy (Eden Vale). At the PHC, ALJ Thomas made clear that those issues, while important, were beyond the scope of this proceeding, which relates only to a few small energy contracts. The issues the parties raised (and the resolutions discussed at the PHC and incorporated into this decision) are as follows:
1. Whether digester project owners that have received Self Generation Incentive Program (SGIP) payments, applied for SGIP payments or intend to apply for SGIP payments in the future are (or are not) eligible to enter into a PPA with PG&E. (Comments of RCM Digesters on A.06-10-003, filed Nov. 13, 2006.) This decision does not resolve the issue one way or the other, and shall have no precedential weight on the issue.
2. What language future PPAs should contain regarding projects with dairies for biogas digester customer-generators. (Comments of Western United Dairymen on A.06-10-003, filed Nov. 13, 2006.) This decision does not require any specific contract language, except the 4 provisions outlined above from the RPS proceeding. Specifically, this decision does not mandate a certain contract term length; address whether a renewable energy seller retains renewable/environmental attributes after signing a contract for renewable energy with a utility; or address whether net-metering customers are also eligible to enter into PPAs.
The August 2006 scoping memo in the RPS proceeding, R.06-05-027, provides for a comment cycle for biomass issues, of which biogas issues are a subset. While we cannot guarantee that the Commission will grant a motion or address the issues the parties raise to their satisfaction, they may seek leave to raise the issues in R.06-05-027 by filing comments/replies late accompanied by a motion for late receipt, or a motion asking the ALJ handling R.06-05-027 to amend the Scoping Memo to address their issues. They may cite this decision in their motion and may ask that the Commission take official notice in R.06-05-027 of the relevant pleadings.9
9 The pleadings are: 1) Comments of Western United Dairymen on A.06-10-003, 2) Comments of RCM Digesters on A.06-10-003, and 3) Reply of PG&E to Protest and Comments.
