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STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

June 5, 2003

TO: PARTIES OF RECORD IN RULEMAKING 01-10-024

Enclosed is Alternate Draft Decision of Commissioner Lynch to the Draft Decision of Administrative Law Judge (ALJ) Allen previously mailed to you.

When the Commission acts on this agenda item, it may adopt all or part of it as written, amend or modify it, or set 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 alternate draft 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. Comments are due on June 12, and reply comments are due on June 16, 2003, by noon. Pursuant to Rule 77.6, opening comments shall not exceed 15 pages. Finally, comments and reply comments with a certificate of service shall be filed with the Commission's Docket Office and copies shall be served on all parties on the same day of filing. The Commissioners and ALJ shall be served separately by overnight service.

   

Angela K. Minkin, Chief

Administrative Law Judge

ANG: epg

Enclosure

COM/LYN/epg ALTERNATE DRAFT

Decision ALTERNATE DRAFT DECISION OF COMMISSIONER LYNCH
(Mailed 6/5/2003)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking to Establish Policies and Cost Recovery Mechanism For Generation Procurement and Renewable

Resource Development.

Rulemaking 01-10-024

(Filed October 25, 2001)

ORDER INITIATING IMPLEMENTATION OF THE SENATE BILL 1078
RENEWABLE PORTFOLIO STANDARD PROGRAM

TABLE OF CONTENTS

Title Page

ORDER INITIATING IMPLEMENTATION OF THE SENATE BILL 1078
RENEWABLE PORTFOLIO STANDARD PROGRAM
22

Procedural Background 22

The Parties 33

Preliminary Issue: Creditworthiness 44

Preliminary Issue: Renewable Energy Credits 88

Market Price 1515

Least Cost and Best Fit 2727

Flexible Rules for Compliance 3434

Standard Contract Terms and Conditions 4747

Confidentiality 5050

Next Steps 5151

Comments on Proposed Decision 5151

Assignment of Proceeding 5151

Findings of Fact 5252

Conclusions of Law 5555

ORDER 5757

ORDER INITIATING IMPLEMENTATION OF THE SENATE BILL 1078
RENEWABLE PORTFOLIO STANDARD PROGRAM

California Senate Bill (SB) 1078 established the California Renewables Portfolio Standard (RPS) Program, with a stated intent of attaining a target of 20 percent renewable energy for the State of California. To reach that goal, the legislation requires an increase in procurement of renewable energy of at least one percent per year. The Legislature found that increasing California's reliance on renewable energy resources may have significant economic, social, health, and environmental benefits. (Pub. Util. Code § 399.11.) SB 1078 requires the Commission to adopt, not later than six months after its effective date: 1) a process for determining the market price of electricity; 2) a process that provides criteria for the rank ordering and selection of least-cost and best-fit renewable resources to comply with the annual obligations of the RPS program; 3) flexible rules for compliance in cases of excess or inadequate annual procurement; and 4) standard contract terms and conditions. (Pub. Util. Code § 399.14(a)(2).) This decision takes these first steps in the process of implementing SB 1078.

Procedural Background

Consistent with SB 1078, the Commission is working collaboratively with the California Energy Commission in this proceeding. (See, Administrative Law Judge's Ruling Issuing Workplan and Collaboration Guidelines, dated February 3, 2003.)

Because of the statutory deadline, this proceeding had a highly expedited schedule, particularly given the complexity of the tasks involved:

February 25, 2003 Workshop: Developing Flexible Compliance
Mechanisms

March 4 Workshop: Determining the Market Price Referents

March 11 Workshop: Establishing Standard Contract Terms and
Conditions

March 18 Workshop: Defining Least Cost and Best Fit and Bid
Ranking Criteria

March 27 Testimony

April 7-16 Evidentiary Hearings

April 28 Concurrent Opening Briefs

May 5 Concurrent Reply Briefs

May 20 Proposed Decision

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