III. Scope of the Proceeding (Phase One)
The scope of Phase One of this proceeding is limited to interpretation and implementation of SB 1488 as it applies to electric procurement. As stated in the OIR, Phase Two will focus more generally on confidentiality of documents germane to Commission action. We will issue further direction regarding Phase Two at an appropriate time.
A. Issues
Our goal in this proceeding is to allow meaningful public participation and ensure open decision making while taking into account our statutory obligations to protect the confidentiality of market sensitive information. Phase One will focus on the following issues:
1. The Commission's practices under Pub. Util. Code § 454.5(g), including interpretation of term "market sensitive" information.
2. The Commission's practices with regard to electric procurement data under Pub. Util. Code § 583.
3. The Commission's practices with regard to electric procurement data under the California Public Records Act, Cal. Gov. Code § 6250 et seq.
4. How to provide for meaningful public participation and ensure open decision making as required by SB 1488.
5. The confidentiality protections due Respondent IOUs, ESPs, Community Choice Aggregators (CCAs), and, as described below, electric Small and Multijurisdictional Utilities (SMJUs).3
6. Harm to ratepayers, IOUs, ESPs, CCAs, SMJUs, or the public interest from release of confidential information.
7. How utilities not named as Respondents, including PacifiCorp and Modesto Irrigation District, treat data related to their procurement responsibilities.
8. Consistent treatment of procurement information across proceedings, as discussed in Section III(B)(2) below.
9. Development of model confidentiality agreements and protective orders for use across procurement proceedings. To the extent previous confidentiality agreements or protective orders (as described in the OIR) have been developed, parties may address the appropriateness of continuing to use those agreements and orders.
10. Treatment of market participating parties and non market participating parties in previous procurement decisions and protective orders.
B. Limitations
1. Phase One will examine confidentiality only in the context of the following proceedings, and only to the extent the proceedings focus on the utilities' procurement responsibilities:
· R.04-04-003, the current electric procurement proceeding;
· R.03-10-003, the community choice aggregation rulemaking;
· R.04-04-025, the avoided cost and QF pricing rulemaking;
· R.04-04-026, the renewables portfolio standard rulemaking;
· R.04-03-017, the distributed generation rulemaking;
· R.01-08-028, the energy efficiency rulemaking;
· I.00-11-001, the transmission planning investigation; and
· R.04-01-026, the transmission assessment process rulemaking.
1. Other proceedings:
At the PHC, The Utility Reform Network (TURN) proposed that we expand the category of procurement records at issue in this proceeding to include those relevant to the utility-owned generation cases, identifying proceedings related to the Diablo Canyon, San Onofre, Contra Costa 8 and Mountainview power plants. TURN clarified that in the foregoing cases, the IOUs typically introduce information from their procurement plans under seal. TURN suggested that we treat such records consistently whether they are relevant to the proceedings listed in 1 above or to other Commission proceedings in which the same data are relevant. We agree that consistency in treatment of procurement data is the goal and that developing means to ensure such consistency is within the scope of this proceeding.
3 While the OIR named all California CCAs as Respondents, no CCAs have yet been approved. We invite, but do not require, prospective CCAs to participate in the hearings and other aspects of this proceeding. Once a CCA is approved for operation, it shall participate in this proceeding as a Respondent.
