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STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

January 10, 2003 Agenda ID #1638

TO: PARTIES OF RECORD IN RULEMAKING 99-10-025

This is the proposed decision of Commissioner Lynch, previously designated as the presiding officer in this proceeding. It will not appear on the Commission's agenda for at least 30 days after the date it is mailed.

The Commission may act at the regular meeting, or it may postpone action until later. If action is postponed, the Commission will announce whether and when there will be a further prohibition on communications.

When the Commission acts on the proposed decision, it may adopt all or part of it as written, amend or modify it, or set it aside and prepare its own decision. Only when the Commission acts does the decision become binding on the parties.

Parties to the proceeding may file comments on the proposed decision as provided in Article 19 of the Commission's "Rules of Practice and Procedure." These rules are accessible on the Commission's website at http://www.cpuc.ca.gov. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages. Finally, comments must be served separately on the ALJ and the assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious method of service.

/s/ CAROL A. BROWN         Carol A. Brown, Interim Chief

Administrative Law Judge

CAB:tcg

COM/LYN/tcg DRAFT Agenda ID #1638

Decision PROPOSED DECISION OF COMMISSIONER LYNCH
(Mailed 1/10/2003)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking into Distributed Generation.

Rulemaking 99-10-025

(Filed October 21, 1999)

FINAL OPINION

(See Appendix A for List of Appearances.)

TABLE OF CONTENTS

FINAL OPINION 1

TABLE OF CONTENTS

(Continued)

Findings of Fact 74

Conclusions of Law 76

FINAL ORDER 78

Appendix A - List of Appearances

FINAL OPINION

1. Summary

This decision completes our rulemaking and establishes policies for ownership and operation of distributed generation and their integration into utility planning and operation of the distribution grid. We find that there is no need to place restrictions on ownership of distributed generation units. The technology of electricity distribution, however, necessitates that a distributed generation owner will only be eligible for compensation for deferring distribution system upgrades in limited circumstances, described herein, and only if the distributed generator offers physical assurance. Similarly, since almost every retail sale will utilize both the distribution and transmission networks (even those that appear to stay within a single circuit), we do not adopt a distribution-only tariff.

The nature of this new technology and its likely uses obviates the need to make any changes to rate design to accommodate distributed generation at this time. Nevertheless, we do allow the utilities to establish memorandum accounts to track distributed generation implementation costs that cannot be attributed to specific distributed generation projects and are not part of the utilities' existing budgets.

We do not adopt a mass marketing information campaign about distributed generation, but rather a multi-pronged education effort directed to those considering a distributed generation installation.

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