Comments on Draft Decision
The draft decision of the ALJ in this matter was mailed to the parties in accordance with Section 311(g)(1) of the Public Utilities Code and Rule 77.7 of the Rules of Practice and Procedure.
ORA and Southwest filed timely comments. No party filed reply comments. We have revised the decision as appropriate.
1. D.01-06-010 changed the income eligibility levels for the CARE and LIEE programs, and the amount of the CARE discount, for all electric and gas customers of PG&E, SDG&E, SCE and SoCalGas.
2. D.01-06-010 did not change the income eligibility levels for the CARE and LIEE programs, or the amount of the CARE discount, for the other gas and electric utilities regulated by the Commission.
3. D.01-06-010 resulted in increased inconsistency of CARE and LIEE eligibility levels and CARE discount levels between the four major utilities and the smaller and multi-jurisdictional utilities.
4. Eliminating inconsistencies in CARE and LIEE eligibility levels, particularly between adjacent utilities, would improve customer understanding and reduce perceptions of inequity.
5. Maintaining consistency between CARE and LIEE eligibility levels improves customer understanding of the two complementary programs.
6. Increasing the level of CARE discount will improve low-income customers' ability to pay their energy utility bills.
7. Expanding the eligibility for the CARE and LIEE programs will provide assistance to more customers in paying their energy utility bills.
8. Increasing the level of CARE discount will increase the costs to be paid by customers not participating in the CARE program.
9. Expanding the eligibility for the CARE program will increase the costs to be paid by customers not participating in the CARE program.
1. It is reasonable for the smaller and multi-jurisdictional energy utilities to be subject to the changes to the CARE and LIEE programs adopted for the four major energy utilities in D.01-06-010.
2. For the customers of the small and multi-jurisdictional energy utilities, the benefits of increasing the eligibility levels for the CARE and LIEE programs, and increasing the amount of the CARE discount, as done for the four major energy utilities in D.01-06-010, outweigh the costs of those changes.
3. PacifiCorp has failed to establish any basis for being treated differently than all other energy utilities.
4. The utilities should seek recovery through their respective General Rate Cases, Biennial Cost Allocation Proceedings, or other appropriate proceedings.
5. In order to incorporate today's modifications to CARE and LIEE income eligibility requirements and CARE discount levels as expeditiously as possible, this order should be effective today. The utilities should reflect the increase in the CARE discount in the next billing cycle for all currently enrolled CARE customers.
IT IS ORDERED that:
1. The changes in the California Alternative Rates for Energy (CARE) and Low-Income Energy Efficiency (LIEE) income eligibility requirements made in Decision (D.) 01-06-010 are applied to all other jurisdictional gas and electric utilities that currently offer CARE and LIEE programs.
2. The CARE discount of 20% adopted in D.01-06-010 is applied to all other jurisdictional gas and electrical utilities that currently offer the CARE program.
3. Any jurisdictional utility that does not currently offer a CARE or LIEE program, but offers one in the future, shall apply the CARE and LIEE income eligibility levels and CARE discount level established here and in D.01-06-010, unless otherwise determined by the Commission.
4. The utilities shall incorporate today's adopted changes into program outreach materials without delay and reflect the increase in the CARE discount in the first complete billing cycle beginning after the effective date of this Order for all currently-enrolled CARE customers.
5. The utilities shall file advice letters with tariffs that incorporate the changes to the CARE program within 10 days, including establishing a balancing account to track care costs if such an account has not been established or approved prior to this date. The tariff sheets will be effective today, subject to review by the Commission's Energy Division.
This order is effective today.
Dated January 9, 2002, at San Francisco, California.
LORETTA M. LYNCH
President
HENRY M. DUQUE
RICHARD A. BILAS
CARL W. WOOD
GEOFFREY F. BROWN
Commissioners
APPENDIX A
