8. AB 1969

AB 1969 (Stats 2006, Ch. 731) requires electrical corporations to file tariffs providing for the purchase of renewable power from public water and wastewater treatment agencies. AB 1969 added Section 399.20 to the Pub. Util. Code to define and establish this requirement. Section 399.20 (g) provides that the physical generating capacity of an electric generation facility, as defined, shall count towards the electrical corporation's RA requirement for purposes of Pub. Util. Code § 380. The Phase 2 Scoping Memo provided that parties may address this topic while it also noted that prior RA decisions established a methodology to calculate the qualifying capacity (QC) for new generation, and it might not be necessary to take action in this proceeding.

The Energy Division proposed that the resources described by AB 1969 count for RA purposes and that the existing RA counting conventions are sufficient to accurately count QC for these resources. The workshop discussions and the post-workshop comments confirm this Energy Division proposal. We find that the current RA resource counting conventions are fully consistent with AB 1969's requirements. No further action is required in this proceeding to implement Section 399.20(g).