CPUC Commission Meeting - December 3, 2009

1.

PUBLIC COMMENT

[view discussion of item 1] 11 minutes 17 seconds

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2.

CONSENT AGENDA

Please see complete Consent Agenda here (pages 2-25, items 1-29).

Items 2, 4, 6, 7 and 9 held for 12/17/09 Agenda; Items 3, 5 and 8 held for 1/21/10 Agenda; Items 36 and 41 taken up with Consent Agenda.

[view discussion of item 2] 3 minutes 26 seconds

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3.

REGULAR AGENDA

Regular Agenda - Energy Orders

Item 30

[8987] Policies and Procedures for Purchase of Excess Electricity Under Assembly Bill 1613
R08-06-024 Order Instituting Rulemaking on the Commission's Own Motion into Combined Heat and Power Pursuant to Assembly Bill 1613.
PROPOSED OUTCOME:
Adopts the policies and procedures to implement Assembly Bill 1613.
Determines that customers to be allocated costs and benefits under this program shall include bundled service customers and customers receiving electric service from electric service providers or community choice aggregators.
Adopts a 500 megawatt (MW) interim cap on amount of excess electricity to be purchased under the program.
Determines price for excess electricity shall be based on the costs of a combined cycle gas turbine and comprised of a fixed and a variable component.
Includes a 10% location bonus applied to eligible combined heat and power (CHP) located in high-value areas and a pass through of any greenhouse gas compliance costs.
Adopts a standard contract to be offered to all eligible CHP up to 20 MW, and a simplified contract to be offered to eligible combined heat and power systems that export up to 5 MW.
Adopts Energy Division staff’s proposed changes to the standard and simplified contracts, with some modifications.
ESTIMATED COST:
Unknown.
Cost will depend on the actual price of contracts entered into under this program.
(Comr Peevey - ALJ Yip-Kikugawa)
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=E26077
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Pub. Util. Code §1701.1 -- This proceeding is categorized as Quasi-Legislative.

Held for 12/17/09 Agenda.

4. Item 31

[8990] Compensation Awarded to The Greenlining Institute for Substantial Contribution to Decision 08-07-046
A06-12-009, A06-12-010, I07-02-013 - Related matters. Application of San Diego Gas & Electric Company for Authority to update its Gas and Electric Revenue Requirement and Base Rates effective on January 1, 2008.
PROPOSED OUTCOME:
Awards The Greenlining Institute $12,186.01 in compensation for its substantial contribution to Decision 08-07-046.
Closes the proceeding.
ESTIMATED COST:
Ratepayers of San Diego Gas & Electric Company and Southern California Gas Company will each pay 50% of the awarded amount of $12,186.01, plus interest.
(Comr Bohn - ALJ Long)
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=407050
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Held for 12/17/09 Agenda.

5. Item 32

[8993] Southern California Edison Company's Tehachapi Renewable Transmission Project
A07-06-031
PROPOSED OUTCOME:
Grants Certificate of Public Convenience and Necessity for the Tehachapi Renewable Transmission Project (Segments 4-11) (TRTP).
Certifies Environmental Impact Report.
Imposes mitigation measures and conditions.
Finds overriding considerations for approving the TRTP.
Closes the proceeding.
ESTIMATED COST:
$1,522,920,000 construction costs without financing costs.
$1,784,740,000 (estimated) total cost.
(Comr Grueneich - ALJ Kolakowski)
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=E26171
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

Held for 12/17/09 Agenda

6. Item 33

[8996] Southern California Edison Company's Support of the Hydrogen Energy California
A09-04-008 Application of Southern California Edison Company For Authorization to Recover Costs Necessary to Co-Fund a Feasibility Study of a California Integrated Gasification Combined Cycle with Carbon Capture and Storage.
PROPOSED OUTCOME:
Approves application.
Finds the anticipated costs to be reasonable.
Authorizes recovery of up to $30 million for Southern California Edison Company’s (SCE) participation in feasibility studies.
Approves SCE’s plan for disclosing the results of studies to the public.
Finds that SCE has met all conditions set forth for this application in Resolution E-4227A.
Closes the proceeding.
ESTIMATED COST:
Rates will increase by $30 million.
(Comr Peevey - ALJ Sullivan)
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=407194
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Pub. Util. Code §1701.1 -- This proceeding is categorized as Ratesetting.

[view discussion of item 6] 9 minutes 30 seconds

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7. Regular Agenda - Energy Resolutions and Written Reports

Item 34

[8518] Moorpark-Newbury 66 kV Subtransmission Line
Res E-4243, Advice Letter 2272-E, filed on October 2, 2008 - Related matters.
PROPOSED OUTCOME:
Affirms a prior Executive Director’s Action Resolution E-4225 findings related to Southern California Edison’s (SCE’s) proposed Moorpark-Newbury 66 kV Subtransmission line.
Finds that: (1) SCE complied with the notice requirements for the proposed construction of facilities; (2) The proposed facilities were exempt from Permit to Construct requirements; (3) Facts claimed in protests to Executive Director’s Action Resolution did not support a finding that General Order 131-D exemption criteria applied.
Dismisses protests.
ESTIMATED COST:
Moorpark-Newbury 66kV Subtransmission Line was filed as Advice Letter 2272-E Notice of Proposed Construction Project Pursuant to General Order 131-D; therefore, no cost information is provided or required for Permits to Construct.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=406596
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3235, Item 25 6/4/2009 (Staff); Agenda 3236, Item 43 6/18/2009 (Staff); Agenda 3237, Item 32 7/9/2009 (Staff); Agenda 3240, Item 46 9/10/2009 (Staff); Agenda 3241, Item 38 9/24/2009 (Staff); Agenda 3242, Item 46 10/15/2009 (Staff); Agenda 3243, Item 51 10/29/2009 (Staff); Agenda 3244, Item 64 11/20/2009 (Peevey)

Held for 1/21/10 Agenda

8. Item 35

[8520] Pacific Gas and Electric Company, San Diego Gas & Electric Company, and Southern California Edison Company Qualifying Facilities Contracts
Res E-4242, Advice Letter (AL) PG&E AL 3197-E, SDG&E AL 1958-E and SCE AL 2200-E, filed on January 14, 2008, Supplemental AL PG&E AL 3197-E-A, SDG&E AL 1958-E-A and SCE AL 2200-E-A, filed on July 11, 2008, and Supplemental AL PG&E AL 3197-E-B, et al. - Related matters.
PROPOSED OUTCOME:
Adopts, with modifications, the Qualifying Facility (QF) Standard Offer Contracts proposed by Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE) and San Diego Gas & Electric Company (SDG&E). Upon adoption, there will be one QF Standard Offer Contract across all three electric Investor Owned Utilities (IOUs).
The new contract may be signed by new and existing QFs with expired contracts in addition to QFs pursuing other contracting methods such as participating in an IOU’s Request for Offer process or negotiating a bilateral contract.
ESTIMATED COST:
Adoption of this resolution does not imply any specific cost. However, upon adoption, the utilities may enter into contracts with new or existing QFs.
These contracts will form part of the utilities’ procurement costs for electricity.
It is impossible to know in advance the total cost of those contracts but, in the past, QF power has represented no more than 20% of the utilities’ portfolio.
Contracts executed with existing QFs should not result in any additional costs as the utilities were already purchasing power from these QFs in the past.
Contracts signed with new QFs will represent new incremental expenditures, but this spending will be offset by the reduced need for new generation as a result of contracting with the new QF.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=406600
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3235, Item 26 6/4/2009 (Staff); Agenda 3236, Item 44 6/18/2009 (Staff); Agenda 3237, Item 33 7/9/2009 (Staff); Agenda 3238, Item 47 7/30/2009 (Staff); Agenda 3239, Item 55 8/20/2009 (Staff); Agenda 3240, Item 47 9/10/2009 (Staff); Agenda 3241, Item 39 9/24/2009 (Staff); Agenda 3242, Item 47 10/15/2009 (Staff); Agenda 3243, Item 52 10/29/2009 (Staff); Agenda 3244, Item 65 11/20/2009 (Staff)

Held for 12/17/09 Agenda

9. Item 36

[8956] Pacific Gas and Electric Company Requests Approval of a Renewable Power Purchase Agreement
Res E-4286, Advice Letter 3449-E filed on April 10, 2009 - Related matters.
PROPOSED OUTCOME:
Approves cost recovery for a power purchase agreement (PPA) resulting from bilateral negotiations between Pacific Gas and Electric Company and Solaren Corporation, pursuant to California’s renewables portfolio standard program.
The PPA is approved with conditions.
ESTIMATED COST:
Actual costs are confidential at this time.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=406567
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3244, Item 66 11/20/2009 (Simon)

Taken up with Consent Agenda

10. Regular Agenda - Communication Orders

Item 37

[8944] Guidelines for Customer Education Programs Regarding Backup Power Systems
R07-04-015 Order Instituting Rulemaking on the Commission’s Own Motion into Reliability Standards for Telecommunications Emergency Backup Power Systems and Emergency Notification Systems Pursuant to Assembly Bill 2393.
PROPOSED OUTCOME:
Adopts guidelines for customer education programs for facilities-based providers of telephony services (service providers) who provide service to residential customers using coaxial cable or fiber-optic cable to the customer’s building that requires backup power on the customer’s premises.
Directs service providers to enhance their existing customer education programs to meet the guidelines.
Requires service providers to make an advice letter filing within 180 days detailing their customer education programs.
Closes proceeding.
ESTIMATED COST:
No significant cost.
(Comr Simon - ALJ O'Donnell)
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=407397
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Pub. Util. Code §1701.1 -- This proceeding is categorized as Quasi-Legislative.
Agenda 3244, Item 67 11/20/2009 (Chong)

Held for 12/17/09 Agenda

11. Regular Agenda - Communication Resolutions and Reports

Item 38

[8892] TracFone Wireless, Inc. Request for Eligible Telecommunication Carrier Designation
Res T-17235, Advice Letter (AL) 1, filed August 20, 2008; Supplemental AL (SAL) 1A, filed December 16, 2008; SAL 1B, filed March 2, 2009; SAL 1C, filed March 16, 2009; SAL 1D, filed July 24, 2009; and SAL 1E, filed September 16, 2009 - Related matters.
PROPOSED OUTCOME:
Denies the request of TracFone Wireless, Inc. (TracFone) to be designated as an Eligible Telecommunication Carrier for the purpose of receiving federal Lifeline support.
Directs the Communications Division to prepare an Order Instituting Investigation and Order to Show Cause why TracFone should not be ordered to pay all outstanding user fees and surcharges, applicable interest and penalties.
ESTIMATED COST:
None.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=404285
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3243, Item 59 10/29/2009 (Simon)

Held for 12/17/09 Agenda

12. Item 39

[8893] Fundings for The California Broadband Cooperative of California's Digital 395 Middle Mile Project From the California Advanced Services Fund
Res T-17232
PROPOSED OUTCOME:
Construction of middle-mile broadband project in underserved area along US Highway 395 in Mono, Inyo, Kern and San Bernardino Counties under the California Advanced Services Fund (CASF) program.
ESTIMATED COST:
$10,149,422 from the CASF representing 10% of the total project cost.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=404054
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3243, Item 60 10/29/2009 (Chong); Agenda 3244, Item 69 11/20/2009

Item 39a

[8999] ALTERNATE TO ITEM 8893
PROPOSED OUTCOME:
Adopts contingent fundings for the California Broadband Cooperative of Californias's Digial 395 Middle Mile Project.
ESTIMATED COST:
$19,294,717 from the CASF representing 19% of the total project.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=407031
Pub. Util. Code § 311 – This item was mailed for Public Comment.
Agenda 3244, Item 69a 11/20/2009

[view discussion of item 12] 19 minutes 21 seconds

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13. Item 40

[9002] Funding for California Valley Broadband Middle and Last Mile Project From California Advanced Services Fund
Res T-17245
PROPOSED OUTCOME:
Adopts California Advanced Services (CASF) contingent funding for the California Valley Broadband Middle and Last Mile Project.
ESTIMATED COST:
$8,216,583 from the CASF which represents 10% of the total project cost of $82,165,826 to provide broadband service in the Sacramento, Solano, San Joaquin, Stanislaus, Merced, Madera and Fresno Counties.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=404113
Pub. Util. Code § 311 – This item was mailed for Public Comment.

Held for 12/17/09 Agenda

14. Regular Agenda - Legal Division Matters

Item 41

[9050] Comments Before Federal Communications Commission Regarding the Federal Universal Service Program and Intercarrier Compensation Policies
GN Docket No. 09-47 et. al. In the Matters of International Comparison and Consumer Survey Requirements In the Broadband Data Improvement Act, GN Docket No. 09-47; A National Broadband Plan for Our Future, GC Docket No. 09-51; Inquiry Concerning the Deployment of Advanced Telecommunications Capability to All Americans in a Reasonable and Timely Fashion, and Possible Steps to Accelerate Such Deployment Pursuant to Section 706 of the Telecommunications Act of 1996, as Amended by the Broadband Data Improvement Act, GN Docket No. 09-137; NBP Public Notice #19, DA 09-2419.
The Federal Communications Commission (FCC) seeks comment on the federal universal service program and intercarrier compensation policies, in an effort to explore various policy options that would further the goal of making broadband service universally available in the U.S.
In this public notice, the FCC seeks comment on the size of the Universal Service Fund (Fund), the contribution methodology for the Fund, transitioning from the current high-cost support mechanism to one that would support broadband deployment, and other related issues.
Staff seeks authority to file comments.
http://docs.cpuc.ca.gov/Cyberdocs/AgendaDoc.asp?DOC_ID=406905

Taken up with consent Agenda

15. Regular Agenda - Legislative and Other Matters

16. Regular Agenda - Commissioner's Reports

Commissioner Simon Report

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17. Commissioner Grueneich Report

[view discussion of item 17] 1 minutes 39 seconds

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18. Commissioner Bohn Report

[view discussion of item 18] 45 seconds

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19. Commissioner Chong Report

20. President Peevey Report

[view discussion of item 20] 2 minutes 5 seconds

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21. Regular Agenda - Management Reports and Resolutions

Comments from Southern California Representative Denise Tyrrell in Los Angeles.

[view discussion of item 21] 4 minutes 59 seconds

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22. Regular Agenda - Management Reports and Resolutions

if needed

23.

CLOSED SESSION

Please see complete Closed Session agenda here (pages 41-49).

[view discussion of item 23] 51 seconds

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