Comments on Draft Decision

The draft decision of Administrative Law Judge (ALJ) Meg Gottstein in this matter was mailed to the parties in accordance with Public Utilities Code § 311(g)(1) and Rule 77.7 of the Rules of Practice and Procedure. Comments were filed on December 12, 2002 by Mafi-Trench. No reply comments were filed.

In its comments, Mafi-Trench submits additional information in response to the questions posed above, and requests that we approve its Petition on the basis of this submittal. We note that none of this information has been reviewed, verified or considered by Energy Division and the Working Group, and parties to the proceeding have not been afforded the opportunity to comment. We do not believe that it is in the public interest to add technologies to the self-generation incentive program without a careful, independent review of information that responds to the concerns we raise in response to Mafi-Trench's Petition and have articulated in prior decisions. Accordingly, we will proceed with the process established in the draft decision to address these concerns. We are persuaded by Mafi-Trench's comments, however, that the timeframe for Energy Division's review should be shortened in order to complete our evaluation in an expeditious manner. We believe that a 90-day period should afford Energy Division sufficient time to consult with the Working Group and complete its review, provided of course, that Mafi-Trench responds without delay to any further inquiries that Energy Division or the Working Group may have regarding its proposal. Accordingly, we reduce from 150 to 90 days the schedule set forth in the draft decision.

In addition, in response to the filings in this proceeding, we direct Energy Division to develop a proposal for the review of future requests to include new technologies in the program. To date, the only procedural vehicle available has been a petition for modification of D.01-03-073. As discussed in this decision, we envision a more expeditious process whereby the Energy Division, in close consultation with the Working Group, reviews proposals, requests additional information as needed, and develops recommendations for public comment and Commission action.