VIII. Miscellaneous Proposals

Greenlining/LIF agree with eliminating exclusions. However, if the Commission does not eliminate them, then Greenlining/LIF recommend that GO 156 be amended to require that the utilities "overwhelmingly demonstrate" the need for each exclusion it takes. We do not discuss this proposal further because we amend GO 156 to eliminate exclusions.

Greenlining/LIF also believe that the GO's definition of procurement should be standardized, so that all utilities report the same data. According to Greenlining/LIF, some utilities include contract dollars when calculating their procurement records while others do not. Therefore, Greenlining/LIF propose the following amendment to § 8.8:

"Overall program goals shall be expressed as a percentage of total dollars awarded to outside vendors in all categories of products and services purchased by a utility other than products and services that are included in a fuel procurement base established pursuant to Section 8.10. "Total dollars awarded" shall include all expenses paid to outside vendors including those paid by means of purchase order, credit card, and the like, per Decision ________ [the final decision issued in this rulemaking.]"

SBC opposes this amendment as unnecessary, with the potential to create ambiguity and confusion. SBC explains that the current language of § 8.8 cannot reasonably be read to exclude a purchase from an outside vendor of a product or service for use by the utility just because the utility paid for the purchase with a credit card, rather than cash or check. SBC states that Greenlining/LIF's use of the term "purchase order" is confusing because it is not a method of payment, and the term "and the like" is vague and difficult to interpret following "purchase order."

We agree with SBC that § 8.8 requires program goals to be expressed as a percentage of total dollars awarded to outside vendors, with no limitation on how the vendors are paid. We, therefore, do not adopt the amendment to § 8.8 proposed by Greenlining/LIF because it is unnecessary.

Finally, Lodi Gas Storage, L.L.C. (LGS) recommends that the Commission consider whether to grant exemptions from compliance with GO 156 to competitive utilities without cost-based rates, or to adjust the $25,000,000 gross revenue threshold set forth in GO 156 for inflation.

GO 156 implements Pub. Util. Code § 8281 et seq. Section 8283 subjects all electric, gas, and telephone utilities with gross annual revenues exceeding $25,000,000 and their Commission-regulated subsidiaries and affiliates to GO 156 without exception. We, therefore, deny LGS' proposals.