NOTICE AND COMMENTS

Public Utilities Code Section 311(g)(1) generally provides that resolutions must be served on all parties and subject to at least 30 days public review and comment prior to a vote of the Commission. Section 311(g)(2) provides that this 30-day period may be reduced or waived in an unforeseen emergency situation.

Rule 81 of the Commission's Rules of Practice and Procedure (Title 20, California Code of Regulations, Section 81) defines "unforeseen emergency situation" as "a matter that requires action or a decision by the Commission more quickly than would be permitted if advance publication were made on the regular meeting agenda. Examples include, but are not limited to:

(a) Activities that severely impair or threaten to impair public health or safety.

(f) Requests for relief based on extraordinary conditions in which time is of the essence.

(h) Unusual matters that cannot be disposed of by normal procedures if the duties of the Commission are to be fulfilled."

Rule 77.7 (f)(9) states in pertinent part that:

In an unforeseen emergency situation ... the Commission may waive or reduce the period for public review and comment under this rule regarding draft decisions and alternates. In the following circumstances, the Commission may reduce or waive the period for public review and comment ...:

(9) for a decision where the Commission determines, on the motion of a party or its own motion, that public necessity requires reduction or waiver of the 30-day period for public review and comment. For purposes of this subsection, "public necessity" refers to circumstances in which the public interest in the Commission adopting a decision before expiration of the 30-day review and comment period clearly outweighs the public interest in having the full 30-day period for review and comment. "Public necessity" includes, without limitation, circumstances where failure to adopt a decision before expiration of the 30-day review and comment period would place the Commission or a Commission regulatee in violation of applicable law, or where such failure would cause significant harm to public health or welfare. When acting pursuant to this subsection, the Commission will provide such reduced period for public review and comment as is consistent with the public necessity requiring reduction or waiver.

We find that California needs to bring new electrical generation plants on line immediately to meet the summer peak demand for electricity and thus protect the public health and welfare. The current shortage of electricity in California is an extraordinary condition, and time is of the essence in providing relief. The need to accelerate facilities construction schedules in limited circumstances to permit the generation or transmission of energy supplies during peak shortage periods is an unusual matter that cannot be disposed of by normal procedures, if the Commission is to fulfill its duty to ensure Californians have an adequate and reliable supply of electricity. The delay that would result from retention of the original construction schedules contemplated in GO 131-D Section XI.B could cause critical hardship in the peak use months ahead.

We conclude we face an unforeseen emergency situation requiring immediate Commission action to protect the health and welfare of Californians, and find that the delay that would result from providing the 30-day review and comment required by Public Utilities Code Section 311(g) in ordinary circumstances would jeopardize our ability to carry out our regulatory responsibility to ensure adequate and reliable electricity supplies. The public interest in the Commission's adoption of a decision regarding Draft Resolution E-3732 prior to the expiration of the usual 30-day review and comment period clearly outweighs the public interest in having the full 30-day period. The 30-day comment period would end, if we circulated a draft resolution today, in early May. Waiting until that date to take action would substantially limit any possibility of shortening the construction time for projects need to provide additional energy supplies during the summer, 2001, peak season. Given the necessity for immediate action, we find the need to reduce the review and comment period associated with this resolution.

Notice

Draft Resolution E-3732 was mailed on April 6, 2001 and posted on the Commission's Daily Calendar and served on the Draft Resolution E-3732 Service List. The Daily Calendar Notice, and Service List Notice, provided that comments concerning the draft resolution could be filed by April 13, 2001, and reply comments by April 17, 2001.

Comments

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