3. Timeliness of Petition

A petition for modification must be filed within one year of the effective date of the decision proposed to be modified. If filed later, the petition must explain why it could not have been presented within one year. The petition may be summarily denied if the late submission is not justified. (Rule 16.4(d) of the Commission's Rules of Practice and Procedure (Rules).)

Even though the petition was filed more than two and one-half years after the decision on STCs, we find the petition to be timely for the following reasons. Petitioners persuasively explain that the items on which they now seek modification have developed over time through experience with the RPS Program. They correctly point out that we anticipated the possibility of later refining initial contract language as parties and the Commission gained experience. (D.04-06-014, p. 6.) The experience within the first year had not ripened the issues sufficiently, in contrast to the situation more than two and one-half years later.

Moreover, CEERT correctly points out that related issues were presented during review of the 2007 RPS procurement plans. Given that the petition for modification had been filed, we deferred consideration to our decision here. Thus, the petition, as amended, is timely.