Comments
This alternate is being mailed 13 days prior to the Commission's consideration of the ALJ's proposed decision. A reduction of the applicable 14- day period for review and comment under Rules 77.6(d) and 77.7(b) is required in order for the Commission to consider this matter at its June 28, 2001 meeting. Pursuant to Rule 77.7(f)(9), public necessity requires this action, as the public interest in adopting a decision addressing direct access issues at that time in order to address matters relevant to the current energy crisis outweighs the public interest in having the full public review and comment period. Comments are due on June 25 and whenever possible should be served electronically on anw@cpuc.ca.gov. Reply comments may be filed by noon June 27, 2001. Parties in R.94-04-031 and I.94-04-032 may file comments to this draft alternate decision in this docket.
1. An emergency exists in the electricity market in California.
2. Direct access is a necessary component of restoration of functional electricity markets.
3. There is no requirement for SCE to make cash refunds to direct access customers or ESPs in lieu of a bill credit, at this time.
4. The Commission should consider modifying D.99-06-058 by adopting a bottoms-up calculation for direct access customers.
5. The Commission should act expeditiously to address remaining concerns over issues surrounding credits and payments due to direct access customers.
6. Pursuant to Water Code Section 80110, this Commission should determine when the right of retail end use customers to acquire service from other providers shall be suspended, but has discretion as to the timing of such a suspension .
7. State officials have expressed concerns about the impacts of a continuation of direct access upon the saleability of state revenue bonds. The Commission should explore alternatives to suspension of direct access that may accommodate those concerns.
1. The petition of SCE should be granted.
2. SCE should not make cash payments to direct access customers or ESPs to satisfy the PX credit, but should continue to track and accrue credits for such customers.
3. The determinations we make today should apply to PG&E, SDG&E, as well as SCE.
4. This order should be served on the parties to R.94-04-031 and I.94-04-032, who may file comments to the draft alternate decision in this docket.
5. This order should be effective today so that our findings may be implemented expeditiously.
IT IS ORDERED that:
1. The petition of Southern California Edison Company (SCE) to modify Decision 99-06-058 is granted to the extent set forth in Ordering Paragraph 2.
2. This order shall apply to Pacific Gas and Electric Company (PG&E) and San Diego Gas & Electric Company (SDG&E).
3. SCE and PG&E shall not make any payments of cash to direct access customers or energy service providers to satisfy the customers' Power Exchange credit balance, but shall continue to accrue and track such credits.
4. Comments on the adoption of a bottoms-up calculation for direct access customers shall be filed in 20 days. Reply comments may be filed 5 days thereafter.
This order is effective today.
Dated , at San Francisco, California.
(End of Appendix B)
