STATE OF CALIFORNIA ARNOLD SCHWARZENEGGER, Governor
PUBLIC UTILITIES COMMISSION
505 VAN NESS AVENUE
SAN FRANCISCO, CA 94102-3298
December 4, 2003 Alternate to Agenda ID # 2992
Ratesetting
TO: PARTIES OF RECORD IN APPLICATION 03-07-032
RE: NOTICE OF AVAILABILITY OF ALTERNATE PROPOSED DECISION GRANTING IN PART AND DENYING IN PART SOUTHERN CALIFORNIA EDISON COMPANY'S APPLICATION TO ACQUIRE MOUNTAINVIEW POWER COMPANY, LLC (MVL)
Consistent with Rule 2.3(b) of the Commission's Rules of Practice and Procedure, I am issuing this Notice of Availability of the above-referenced alternate draft decision. The alternate proposed decision was issued by Commissioner Lynch on December 4, 2003. An Internet link to this document was sent via e-mail to all the parties on the service list who provided an e-mail address to the Commission. An electronic copy of this document can be viewed and downloaded at the Commission's Website ( www.cpuc.ca.gov). A hard copy of this document can be obtained by contacting the Commission's Central Files Office [(415) 703-2045].
This is the alternate proposed decision of Commissioner Lynch. It will not appear on the Commission's agenda for at least 14 days after the date it is mailed. This matter was categorized as ratesetting and is subject to Pub. Util. Code § 1701.3(c). Pursuant to Resolution ALJ-180 a Ratesetting Deliberative Meeting to consider this matter may be held upon the request of any Commissioner. If that occurs, the Commission will prepare and mail an agenda for the Ratesetting Deliberative Meeting 10 days before hand, and will advise the parties of this fact, and of the related ex parte communications prohibition period.
When the Commission acts on the draft 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 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. Pursuant to Rule 77.3 opening comments shall not exceed 15 pages.
Consistent with the service procedures in this proceeding, parties should send comments in electronic form to those appearances and the state service list that provided an electronic mail address to the Commission, including ALJ Carol Brown at cab@cpuc.ca.gov and Commissioner Lynch's Advisor Aaron Johnson at ajo@cpuc.ca.gov. Service by U.S. mail is optional, except that hard copies should be served separately on ALJ Brown and Aaron Johnson, and for that purpose I suggest hand delivery, overnight mail or other expeditious methods of service. In addition, if there is no electronic address available, the electronic mail is returned to the sender, or the recipient informs the sender of an inability to open the document, the sender shall immediately arrange for alternate service (regular U.S. mail shall be the default, unless another means - such as overnight delivery is mutually agreed upon). The current service list for this proceeding is available on the Commission's Web page, www.cpuc.ca.gov.
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.
/s/ ANGELA K. MINKIN
Angela K. Minkin, Chief
Administrative Law Judge
ANG:epg
Attachment
COM/LYN/ajo/epg ALTERNATE DRAFT Alternate Agenda ID #2992
Ratesetting
Decision ALTERNATE PROPOSED DECISION OF COMMISSIONER LYNCH (Mailed 12/4/2003)
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
In the Matter of the Application of Southern California Edison Company (U 338-E) for Approval of a Power Purchase Agreement under PUHCA Section 32(k) Between the Utility and a Wholly-owned Subsidiary and for Authority to Recover the Costs of Such Power Purchase Agreements in Rates. |
Application 03-07-032 (Filed July 21, 2003) |
(See Appendix A for a list of appearances.)
OPINION GRANTING IN PART AND DENYING IN PART SOUTHERN CALIFORNIA EDISON COMPANY'S APPLICATION TO ACQUIRE MOUNTAINVIEW POWER COMPANY, LLC (MVL)
TABLE OF CONTENTS
Title PAGE
OPINION GRANTING IN PART AND DENYING IN PART SOUTHERN CALIFORNIA EDISON COMPANY'S APPLICATION TO ACQUIRE MOUNTAINVIEW POWER COMPANY, LLC (MVL) 22
A. IEP's Motion for Un-Redacted Copy of Application 77
B. Motion of The Utility Reform Network for Acceptance of Late-filed
Notice of Intent to Claim Compensation 99
C. Motion of the Nevada Hydro Company, Inc. and the Elsinor Valley Municipal Water District to Intervene as a Party and Submit
Comments 99
IV. Summary of Parties' Positions 1111
V. FERC Jurisdictional PPA 1717
VIII. Other Outstanding Issues 3737
IX. Comments on Proposed Decision 4040
X. Assignment of Proceeding 4040
OPINION GRANTING IN PART AND DENYING IN PART SOUTHERN CALIFORNIA EDISON COMPANY'S APPLICATION TO ACQUIRE MOUNTAINVIEW POWER COMPANY, LLC (MVL)
I. Summary
This opinion grants Southern California Edison Company (Edison) a certificate of public convenience and necessity (CPCN) authorizing it to acquire, develop, construct, own, and operate Mountainview Power Project (Mountainview) as a utility-owned generation project, and denies Edison's request to acquire Mountain Power Company, LLC (MVL) as a wholly-owned subsidiary of Edison and to enter into a power purchase agreement (PPA) with MVL for the purchase of electricity from Mountainview. The granting of the CPCN authorizes Edison to exercise its option to purchase MVL in its entirety before the expiration of the option date of February 29, 2004.
In its application, Edison asks the Commission to find that that a CPCN is not required for Mountainview and that no further review under the California Environmental Quality Act (CEQA) is required by this Commission to approve the PPA. Instead, this decision finds that a CPCN is necessary and the project, as presented by Edison, tendered all of the elements required for a CPCN-need, cost-effectiveness, cost cap and environmental review, and the record addressed each element. We find that a CPCN is necessary, and we grant Edison a CPCN to acquire, develop, construct, own, and operate Mountainview as a utility-owned project. We also find, given these unique circumstances and equivalent CEC review, that no further CEQA review is necessary to grant the CPCN.
