Ex Parte Communications

This ratesetting proceeding is subject to Pub. Util. Code § 1701.3(c), which prohibits ex parte communications unless certain requirements are met (see also, Rule 7(c)). An ex parte communication is defined as "any oral or written communication between a decisionmaker and a person with an interest in a matter before the commission concerning substantive, but not procedural issues, that does not occur in a public hearing, workshop, or other public proceeding, or on the official record of the proceeding on the matter." (Pub. Util. Code § 1701.1(c))(4).) Commission rules further define the terms "decisionmaker" and "interested person" and only off-the-record communications between these two entities are "ex parte communications."22

By law, oral ex parte communications may be permitted by any commissioner if all interested parties are invited and given not less than three business days' notice. If a meeting is granted to any individual party, all other parties must be granted individual ex parte meetings of a substantially equal period of time and shall be sent a notice at the time the individual request is granted. Written ex parte communications may be permitted provided that copies of the communication are transmitted to all parties on the same day. (Pub. Util. Code § 1701.3(c); Rule 7(c).) In addition to complying with all of the above requirements, parties must report ex parte communications as specified in Rule 7.1.

Findings of Fact

1. In D.03-06-071, this Commission stated its intent to open a new rulemaking to continue the implementation of the California RPS Program.

2. Implementation of the RPS program will ultimately include all electric utilities under the Commission's jurisdiction, and will impact electric service providers and community choice aggregators.

3. The initial adoption of standard contract terms and conditions is no longer being addressed in R.01-10-024.

4. This rulemaking is a continuation of the process begun in R.01-10-024.

5. The Commission has adequate information to establish interim baseline quantities for the three major utilities.

6. Additional information regarding the appropriate baseline quantities for the three major utilities, while not necessary, would be useful.

7. The Commission has adequate information to establish interim annual and incremental procurement targets for the three major utilities.

8. The Commission has adequate information to establish a Market Price Referent methodology.

9. Additional party input regarding the Market Price Referent Methodology, while not necessary, would be useful.

Conclusions of Law

1. All open issues relating to the implementation of the RPS program (including the initial adoption of standard contract terms and conditions) should be addressed in this proceeding, as described above.

2. All electric utilities should be respondents to this proceeding, and CCAs and ESPs should participate fully in this proceeding, pursuant to the requirements of Section 399.11-399.16.

3. The evidentiary record developed in the RPS phase of R.01-10-024 is relevant to this proceeding.

4. In general, this rulemaking should proceed in a manner consistent with the policies and approaches set forth by this Commission in D.03-06-071.

5. This Rulemaking can and should establish interim baseline quantities for the three major utilities.

6. Parties should be given an opportunity to comment on the proposed interim baseline quantities for the three major utilities.

7. This Rulemaking can and should establish interim annual and incremental procurement targets for the three major utilities.

8. This Rulemaking can and should establish a Market Price Referent methodology.

9. Parties should be given an opportunity to comment on the Market Price Referent methodology.

ORDER

IT IS ORDERED that:

1. A new rulemaking is opened to continue implementation of the California Renewables Portfolio Standard Program.

2. All electric utilities under the jurisdiction of the California Public Utilities Commission are respondents. Community Choice Aggregators and Energy Service Providers should fully participate in this rulemaking.

3. Interim baseline quantities for the three major utilities are established, as described above.

4. Interim annual and incremental procurement targets for the three major utilities are established, as described above.

5. A Market Price Referent (MPR) methodology will be established, as described above.

6. Comments on the baseline numbers and MPR methodology are due on April 30, 2004, as described above.

7. A prehearing conference is set for May 5, 2004 at 10:00 a.m. in San Francisco.

8. The assigned Commissioner and the assigned ALJ may issue rulings as needed to change the schedule and to appropriately manage this proceeding.

This order is effective today.

Dated April 22, 2004, at San Francisco, California.

APPENDIX A

ELECTRONIC SERVICE PROTOCOLS

Party Status in Commission Proceedings

These electronic service protocols are applicable to all "appearances." In accordance with Commission practice, by entering an appearance at a prehearing conference or by other appropriate means, an interested party or protestant gains "party" status. A party to a Commission proceeding has certain rights that non-parties (those in "state service" and "information only" service categories) do not have. For example, a party has the right to participate in evidentiary hearings, file comments on a proposed decision, and appeal a final decision. A party also has the ability to consent to waive or reduce a comment period, and to challenge the assignment of an Administrative Law Judge (ALJ). Non-parties do not have these rights, even though they are included on the service list for the proceeding and receive copies of some or all documents.

Service of Documents by Electronic Mail

For the purposes of this proceeding, all appearances shall serve documents by electronic mail, and in turn, shall accept service by electronic mail.

Usual Commission practice requires appearances to serve documents not only on all other appearances but also on all non-parties in the state service category of the service list. For the purposes of this proceeding, appearances shall serve the information only category as well since electronic service minimizes the financial burden that broader service might otherwise entail.

Notice of Availability

If a document, including attachments, exceeds 75 pages, parties may serve a Notice of Availability in lieu of all or part of the document, in accordance with Rule 2.3(c) of the Commission's Rules of Practice and Procedure.

Filing of Documents

These electronic service protocols govern service of documents only, and do not change the rules regarding the tendering of documents for filing. Documents for filing must be tendered in paper form, as described in Rule 2, et seq., of the Commission's Rules of Practice and Procedure. Moreover, all filings shall be served in hard copy (as well as e-mail) on the assigned ALJ.

22 See Rules of Practice and Procedure, Rules 5(e), 5(f), and 5(h).

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