COM/MP1/sid Date of Issuance 4/11/2008
Decision 08-04-022 April 10, 2008
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Order Instituting Rulemaking to Examine the Commission's Future Energy Efficiency Policies, Administration and Programs. |
Rulemaking 01-08-028 (Filed August 23, 2001; reopened December 10, 2007) |
OPINION GRANTING INTERVENOR COMPENSATION
TO THE UTILITY REFORM NETWORK FOR SUBSTANTIAL
CONTRIBUTIONS TO THE PROGRAM ADVISORY GROUPS AND
PEER REVIEW GROUPS IN THIS PROCEEDING
This decision awards The Utility Reform Network (TURN) $132,017.33 in compensation for its substantial contributions to the Commission's decision to adopt utility energy efficiency portfolios for 2006-2008. To that end, TURN participated in the Program Advisory Groups (PAGs) and Peer Review Groups (PRGs) established in Decision (D.) 05-01-055. TURN had requested $174,894.17, which is reduced to reflect excessive hours and hours spent on activities that are not compensable.
1. Background
The subject rulemaking is the Commission's generic energy efficiency proceeding. In D.05-01-055, we established the administrative structure for post-2005 energy efficiency programs for Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), San Diego Gas & Electric Company (SDG&E), and Southern California Gas Company (SoCalGas),1 and directed the utilities to form two sets of advisory groups to help develop and implement their 2006-2008 energy efficiency portfolio plans. TURN claims compensation for the amount of $174,894.17 for participating in these advisory groups.
The purpose of the advisory groups was to help with program design and implementation and also to safeguard against the potential for bias in program selection and portfolio management. The advisory groups helped design and assess utility energy efficiency portfolios and program selections by providing advice and feedback to the utilities and annual information to the Commission.
Two sets of advisory groups were established. First, PAGs were formed in utilities' service territories2 to provide guidance to the utilities regarding region-specific customer and program needs, and to coordinate statewide programs that cut across utility service territories. Second, the PRGs were formed as subgroups to PAGs to serve as peer reviewers in the bid evaluation process. Among other issues, the PRGs were responsible for reviewing the utilities' bid selection process for program implementers and reviewing the utilities' compliance filings. In addition, the Commission directed the utilities to form a subgroup of their PAG members to closely collaborate and coordinate on statewide program design and activities that secure both short- and long-term energy savings and peak demand reductions.
More generally, the Commission directed the utilities to work closely with their PAGs throughout the 2006-2008 program cycle.3 Similarly, the Commission directed that "Involvement of the PRGs in an advisory capacity to the utilities shall continue throughout the 2006-2008 program cycle. "4
PAG and PRG members consisted of staff from the Commission's Energy Division (ED) and the Division of Ratepayer Advocates (formerly the Office of Ratepayer Advocates) as ex officio members. Other group members were selected by the utilities to participate in the process on a voluntary basis.5 Both groups were expected to meet and confer with the utilities on issues such as program design, selection, and portfolio management. The groups would then provide written comments to the utilities as appropriate, and provide feedback to the Commission on utilities' plans and bidding process. The Commission determined in D.05-01-055 that those parties eligible to receive intervenor compensation for awards in energy efficiency proceedings may seek compensation for their work in the utility advisory groups.6
PG&E and SCE/SoCalGas selected TURN representatives to participate on their respective PAGs and PRGs and to review their proposed portfolio plans and funding levels for the 2006-2008 program cycle in Application (A.) 05-06-004 et al. The proposed portfolio plans were reviewed by the Commission in D.05-09-043. Following the adoption of utilities' overall efficiency portfolios in D.05-09-043, the utilities conducted competitive solicitations for certain programs.
TURN seeks compensation for work it performed as a member of the PG&E and SCE/SoCalGas PAGs and PRGs over the course of about 16 months, between December 2004 and April 2006. The work was not conducted in this proceeding but it is reasonable that TURN filed its request in this proceeding, which adopted guidelines for the development of the 2006-2008 utility energy efficiency program portfolios.
No party opposed TURN's request for compensation.
1 Collectively, "the utilities."
2 Three PAGs were formed: one in PG&E's service territory, one in SDG&E's service territory and one in the combined service territories of SoCalGas and SCE.
3 D.05-01-055, mimeo., p. 95.
4 D.05-09-043, Ordering Paragraph (OP) 21.
5 See Attachment 2 to D.05-09-043 for the composition of each PAG/PRG and a summary of the purpose, along with a description of the PAG/PRG process through the portfolio planning phase of the proceeding, i.e., through April 2005.
6 D.05-01-055, mimeo., p. 95.
