STATE OF CALIFORNIA GRAY DAVIS, Governor

PUBLIC UTILITIES COMMISSION

505 VAN NESS AVENUE

SAN FRANCISCO, CA 94102-3298

August 13, 2001 18

8/23/01

TO: PARTIES OF RECORD IN RULEMAKING 00-10-002

This is the draft decision of Commissioner Wood. It will be on the Commission's agenda at the meeting on August 23, 2001. The Commission may act then, or it may postpone action until later.

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.

Pursuant to Rule 77.7(f)(9), comments on the draft decision must be filed no later than August 20, 2001. Reply comments will not be accepted.

In addition to service by mail, 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 Galvin at mfg@cpuc.ca.gov. Finally, comments must be served separately on the Assigned Commissioner, and for that purpose I suggest hand delivery, overnight mail, or other expeditious methods of service.

/s/ LYNN T. CAREW

Lynn T. Carew, Chief

Administrative Law Judge

LTC:t93

Attachments

Decision DRAFT DECISION OF COMMISSIONER WOOD (Mailed 8/13/2001)

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Order Instituting Rulemaking into the Operation of Interruptible Load Programs Offered by Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern California Edison Company and the Effect of these Programs on Energy Prices, Other Demand Responsiveness Programs, and the Reliability of the Electric System.

Rulemaking 00-10-002 (Filed October 5, 2000)

OPINION ON RAIL TRANSIT SYSTEMS' AND FREIGHT AND COMMUTER RAILROADS' ROTATING OUTAGE EXEMPTION AND EMERGENCY PETITION TO MODIFY DECISION 01-06-087

TABLE OF CONTENTS

Title Page

OPINION ON RAIL TRANSIT SYSTEMS' AND FREIGHT AND COMMUTER RAILROADS' ROTATING OUTAGE EXEMPTION AND EMERGENCY PETITION TO MODIFY DECISION 01-06-087 1

A. Summary 3

B. Background 3

C. Jurisdictional Issues 4

D. Petitions for Modification 5

E. RSCD Report 7

F. Discussion 13

G. Emergency Petition to Modify D.01-06-087 20

H. Public Review and Comment. Need for Expedited Consideration 21

Findings of Fact 22

Conclusions of Law 24

ORDER 26

A. Summary

We grant rail transit systems a Category J exemption from rotating outages for those sections of track that have limited access to emergency response personnel. We require respondent utilities Pacific Gas and Electric Company (PG&E), San Diego Gas & Electric Company (SDG&E), and Southern California Edison Company (SCE) to establish and implement health and safety mitigation measures with the rail transit systems for those sections of track and operations that have limited access to emergency response personnel. We also require rail transit systems to maintain contingency plans for unanticipated and unannounced interruptions of electricity.

Finally, we order SDG&E to file an advice letter to make any necessary changes to comply with the Optional Binding Mandatory Curtailment (OBMC) program changes required by Decision (D.) 01-06-087 within five days after the effective date of this order.