Procedural Schedule

The procedural schedule in this proceeding at this time is as follows:

1	Opening Briefs on First Four Issues (ESP/CCA participation in the RPS program, etc.)	January 10, 2005
2	Concurrent Reply Briefs on First Four Issues	January 20, 2005
3	Comments on TOD MPR and REC Trading	February 3, 2005
4	Reply Comments on TOD MPR and REC Trading	February 10, 2005
5	IOUs file Draft 2005 RPS Procurement Plans (PPs)	February 17, 2005
6	Workshops on TOD MPR	Week of February 21, 2005
7	Comments on Draft 2005 RPS PPs	March 17, 2005
8	TOD MPR Workshop Report - developed by parties	March 21, 2005
9	Reply Comments on Draft 2005 RPS PPs	March 31, 2005
10	Decision on First Four Issues	April 2005
11	Second PHC - Schedule (1) ESP/CCA/SMU implementation, (2) TOU MPR implementation, and (3) 2004 RFO "Lessons Learned"	April 2005
12	IOUs File Advice Letters addressing the need for 2005 RPS solicitations	2nd Quarter 2005
13	Commission Resolution Addressing "RFO-Trigger" Advice Letters	2nd- 3rd Quarter 2005
14	Briefing Schedule on 2005 RPS PPs and 2005 RPS Solicitation (Projected submission date at conclusion of Briefing Schedule	3rd Quarter 2005
15	Commission Decision(s) Approving 2005 RPS PPs and Directing 2005 RPS Solicitations	3rd Quarter 2005
16	2005 RPS Solicitation	4th Quarter 2005

Collaborative Process

In the RPS phase of R.01-10-024 and throughout the course of this proceeding our Commission staff worked collaboratively with the staff of the California Energy Commission. This collaboration has proven to be both useful and productive and we intend to continue this process in this proceeding.

Category of Proceeding

The Commission preliminarily determined that this is a ratesetting proceeding for which hearings may be required. This ruling confirms that the proceeding is ratesetting for which hearings may be conducted. This ruling on category may be appealed, as provided in Rule 6.4 of the Commission's Rules of Practice and Procedure (Rules).

Rules Governing Ex Parte Communications

As discussed in the OIR, this is a ratesetting proceeding subject to Pub. Util. Code § 1701.3(c), which means that ex parte communications are prohibited unless certain statutory requirements are met. See also, Rule 7(c).

Principal Hearing Officer

President Michael R. Peevey is the Assigned Commissioner in this proceeding. Administrative Law Judges (ALJs) Peter V. Allen and Julie M. Halligan are the assigned ALJs. Peter V. Allen is the principal hearing officer in this proceeding.

Final Oral Argument

Pursuant to Pub. Util. Code § 1701.3(d) and Rule 8(d), any party requesting final oral argument before the Commission shall make such request by letter to the ALJs on the date to be set by the ALJ's and Assigned Commissioner.

Service List

The current service list in this proceeding is posted on the Commission's website. Instead of replacing the existing service list in its entirety, based on the appearance forms filled out at the November 3, 2004, PHC, we have elected to add those new appearances to the existing service list. It is the responsibility of all parties to inform the Process Office of any changes to contact information, including electronic mail addresses. The Electronic Service Protocols attached to the April 22, 2004 OIR continue to apply to this proceeding.

IT IS RULED that:

1. Parties may file and serve opening and reply briefs addressing the following issues (as described above): 1) participation of Electric Service Providers (ESPs) and Community Choice Aggregators in the Renewable Portfolio Standard (RPS) program; 2) participation of small and multi-jurisdictional utilities in the RPS program; 3) treatment of Renewable Energy Credits associated with generation from Qualifying Facilities; and 4) refinement of reporting requirements, including issues relating to line loss.

2. Opening Briefs are due on January 10, 2005, with Reply Briefs due on January 20, 2005.

3. The utilities shall submit RPS plans on February 17, 2005 that detail the attainment of RPS goals for 2005 (in light of the still-pending 2004 RPS solicitations); a detailed plan for achieving the RPS goals in 2010, including necessary transmission expansion; and a plan for attaining the optimum amount of generation from re-powered renewable facilities presently under contract to the utility, as described above. Plan development should be guided by the findings in the pending Long-Term Procurement Plan decision, particularly regarding transmission planning (See Rulemaking 04-04-003).

4. Consistent with the guidance provided above, parties are to file and serve comments that provide conceptual proposals for the development of time-of-delivery-based market price referents (TOD MPRS) and renewable energy credit trading (REC Trading) systems.

5. Comments on TOD MPRS and REC trading issues are to be filed and served on February 3, 2005, with reply comments filed and served on February 10, 2005.

6. Comments on the Draft 2005 RPS Procurement Plans are to be filed and served on March 17, 2005 with reply comments to be filed and served March 31, 2005.

7. This proceeding is categorized as ratesetting and evidentiary hearings may be necessary.

8. The timetable for this proceeding, including its projected submission date, is set forth in this ruling. As provided in the Order Instituting Rulemaking, the assigned Commissioner or Administrative Law Judges may make any revisions to this schedule or other rulings necessary for the fair and efficient management of the proceeding.

Dated December 16, 2004, at San Francisco, California.

		/s/ Michael R. Peevey
		Michael R. Peevey Assigned Commissioner

Appendix A

Source: Green Power's Petition for Modification, dated August 12, 2004.

Each utility is required to make a filing on February 1 of the year following the applicable APT year outlining the results of achieving its APT. In addition, on July 1 (or the next business day thereafter) of each year, each utility should make a filing to the Commission outlining its progress toward achieving that year's APT, using a similar format to the February 1 filing. In the February 1 filing, each utility should clearly indicate its retail sales and APT for the relevant previous year, and its additional total renewable procurement that is eligible to meet this requirement, corrected for line losses, and sorted by at least the following renewable source types: (e.g., wind, solar, biomass, geothermal, etc.),

· Biogas (landfill gas, digester gas)

· Biomass

· Geothermal

· Hydro

· Solar

· Wind

The data can be further broken down into subcategories at the discretion of the utilities. However, at a minimum, the utilities must report their total RPS-qualifying procurement in the specified categories. In addition, utilities should provide an accounting of past, current and anticipated future deficits and carry forwards, and any additional information deemed necessary based on utility consultation with the Commission's Energy Division. The July 1 filing should contain the same information for the then current year, but with a clear delineation between actual and forecast quantities for the applicable year, and any relevant corrections to the previous year's procurement data that was provided in the February Compliance Report. The February 1 filing should also include a calculation of the current-year APT (previous year's APT plus IPT).

(End of Appendix A)

Appendix B

Source: Green Power's Petition for Modification, dated August 12, 2004.

Proposed Summary Table for February RPS Compliance Filings

Previous-Year APT ______ IPT ______ Current-Year APT ______

( = adjusted baseline)

2003 2004 ... Previous-Year

KWh KWh KWh

Utility Retail Sales

Renewable Procurement (KWh) - corrected for losses

Biomass

Biogas

Geothermal

Small Hydro

Solar

Wind

Total Renewables

APT

Carry Forward (put deficits in parentheses)

Proposed Summary Table for July RPS Compliance Filings

Current-Year

Previous-Year to-date (_) proj. full year

KWh KWh KWh

Utility Retail Sales

Renewable Procurement (KWh) - corrected for losses

Biomass

Biogas

Geothermal

Small Hydro

Solar

Wind

Total Renewables

APT

(Deficit) or Surplus

(End of Appendix B)

CERTIFICATE OF SERVICE

I certify that I have by mail, and by electronic mail, to the parties to which an electronic mail address has been provided, this day served a true copy of the original attached Assigned Commissioner's Ruling and Scoping Memo Establishing Schedule for Phase Two of the Renewable Portfolio Standard Proceeding on all parties of record in this proceeding or their attorneys of record.

Dated December 16, 2004, at San Francisco, California.

/s/ Antonina V. Swansen

Antonina V. Swansen

NOTICE

Parties should notify the Process Office, Public Utilities Commission, 505 Van Ness Avenue, Room 2000, San Francisco, CA 94102, of any change of address to insure that they continue to receive documents. You must indicate the proceeding number on the service list on which your name appears.

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The Commission's policy is to schedule hearings (meetings, workshops, etc.) in locations that are accessible to people with disabilities. To verify that a particular location is accessible, call: Calendar Clerk (415) 703-1203.

If specialized accommodations for the disabled are needed, e.g., sign language interpreters, those making the arrangements must call the Public Advisor at (415) 703-2074,

TTY 1-866-836-7825 or (415) 703-5282 at least three working days in advance of the event.