CPX Regulatory Update for June 27, 2019

Updates for Thursday, June 27, 2019

A CPUC voting meeting is on schedule for today. Agenda is HERE. To log in to the livestream, click HERE.

At the end of the May 30 voting meeting, CPUC President Picker announced that he plans to retire as soon as the key wildfire proceedings are finalized and a replacement for him has been recruited by the Governor. In the video recording, his announcement is at the 2:15:25 to 2:17:25 mark (near the end). Also at this meeting the IOU wildfire mitigation plans were adopted. We have added the Net Energy Metering (NEM) Successor Tariff Rulemaking R.14-07-002 to the list of proceedings we are monitoring.

Below is a numbered list of the regulatory proceedings we are tracking, followed by a summary of new developments for each of the proceedings, if any. Note that these are intended as very brief highlights of selected key actions and activities. For details on any of these proceedings, we suggest logging in to the relevant proceeding page on the CPUC’s website. An expedient way to do that is to visit http://www.cpuc.ca.gov/documents/


Regulatory Proceedings we are monitoring:

  1. PG&E Safety Culture Investigation 15-08-019
  2. Power Charge Indifference Adjustment (PCIA)  17-06-026
  3. Resource Adequacy (RA) 17-09-020
  4. SB 790 IOU Code of Conduct 12-02-009
  5. Wildfire Cost Recovery 19-01-006
  6. Utility Wildfire Mitigation Plans (SB 901) 18-10-007
  7. PG&E Bankruptcy (no formal docket #)
  8. Integrated Resource Plans (IRP) 16-02-007
  9. Distribution Resource Plans (DRP) 14-08-013 
  10. Renewables Portfolio Standard (RPS) 18-07-003
  11. Integrated Distributed Energy Resources 4-10-003
  12. Direct Access 19-03-009
  13. NEM Successor Tariff 14-07-002

Closed proceedings that matter:

  1. CCA Bond and Re-Entry Fees – 03-10-003and 18-05-022
  2. CCA Rulemaking 03-10-003

Other non-adjudicatory activities:

  • Customer Choice Project
  • AB 2514 Implementation


  1. PG&E Safety Culture Investigation I. 15-08-019
  • June 13 – Decision D1906008 – Interim Decision Ordering Reporting Of Safety Experience and Qualifications Of The Board Of Directors Of Pacific Gas And Electric Company and PG&E Corporation And Establishing Advisory Panel On Corporate Governance.
  • June 18 – Ruling issued: Joint assigned commissioner’s and Administrative Law Judge’s ruling on proposals to improve the safety culture of Pacific Gas and Electric company and PG&E corporation. This ruling establishes a process for parties to comment on the proposals, comments to be filed and served by July 19, 2019. Reply Comments to be filed and served by August 2, 2019. Click HERE to download the Ruling.

Background: In this case, Center for Climate Protection is a Party to the Proceeding. Read our Opening Comments HERE. The Investigation originated after the San Bruno incident, and has been reinvigorated due to the 2017/18 wildfires. Two forums were held in this investigation in April. April 15 hearing can be found HERE, April 26 video is HERE. CPX staff attended both forums.


  1. Power Charge Indifference Adjustment (PCIA) (Proceeding #R.17-06-026)

Working Group 3, Portfolio Optimization and Cost Reduction, and Allocation or Auction Mechanisms, is in progress, chaired by SCE, CalCCA, and Commercial Energy. This workshop focused on sales of excess attributes, including RA, bundled RPS energy, and voluntary allocation. Future workshops will tackle GHG free energy, brown energy, and allocations.

Next Steps:

  • Mid June – Second working group 3 meeting
  • June 21 – CalCCA Comments on proposed approaches
  • June 24 – Progress report expected

Background: Phase 2 of the PCIA proceeding has been underway since early 2019. Three working groups have been established to address various aspects going forward. The most important to Community Choice is Working Group 3 where opportunities for cost reduction are addressed. Group 3’s first report is expected in late June.

  1. Resource Adequacy – See June 14 comments of the California Community Choice Association on Track 3 Proposed Decision.

Also see:

Background: The RA program is designed to provide adequate electric resources to CAISO to ensure safe and reliable operation of the grid, and to provide appropriate incentives for the siting and construction of new resources needed for reliability. This proceeding has been divided into three Tracks due to the complexity of the issues involved.

  1. SB 790 IOU Code of Conduct – No new developments. AB 1362 in this year’s session as originally written would have been problematic relative to the Code of Conduct. The bill was amended to a point of harmlessness in May.

Background: Original CCA law, AB 117 stipulates that IOUs must “cooperate fully” with local governments pursuing Community Choice. In the mid-to-late 2000s, San Francisco, Marin, and the San Joaquin Valley experienced egregious disinformation campaigns waged by the incumbent utility for these jurisdictions against their efforts. The obstruction was documented in a series of California Senate Select Committee on Renewable Energy hearings in 2010 chaired by Senator Mark Leno. The result of the hearings was SB 790, which created an IOU Code of Conduct that prohibits IOUs from marketing against CCAs unless they establish a separate marketing division that does not use ratepayer funds, among other provisions.


  1. Wildfire Cost Recovery – There is currently bill relevant to this proceeding making its way through the legislative process. AB 235introduced by Chad Mayes (Dist. 42, Yucca Valley, R) The bill authorizes the CPUC, when determining recovery by an electrical corporation for costs and expenses arising from a catastrophic wildfire occurring on or after January 1, 2019, to consider the electrical corporation’s financial status and determine the maximum amount the corporation can pay without harming ratepayers or materially impacting the electrical corporation’s ability to provide adequate and safe service. The bill is now on the Senate Energy Committee with a hearing scheduled for July 2.
  • June 18 – Wildfire recovery costs estimated at $50B – Sac Bee
  • July 1, 2019 – Report expected from CPUC on Catastrophic Wildfire Cost and Recovery.

Background: The CPUC’s R.19-01-006 is a proceeding to implement Public Utilities Code Section 451.2 regarding criteria and methodology for wildfire cost recovery pursuant to Senate Bill 901 (2018). Major questions include:

  • How much a utility can be required to pay out of pocket?
  • What are the costs that a utility can legitimately pass on to ratepayers?
  • What will be used as a cost recovery calculation methodology?


  1. Utility Wildfire Mitigation Plans (SB 901) 18-10-007


  • IOU wildfire mitigation plans were approved at the May 30 CPUC voting meeting.
  • Assigned Commissioner and Administrative Law Judge’s June 14 Ruling launching Phase 2 of the Wildfire Mitigation Plan proceeding.

Background: Senate Bill 901 requires electric utilities to prepare and submit wildfire mitigation plans that describe the utilities’ plans to prevent, combat, and respond to wildfires affecting their service territories. Through a proceeding it opened on Oct. 25, 2018 (R.18-10-007), the CPUC will review the initial plans, and develop and refine the content of and process for review and implementation of wildfire mitigation plans to be filed in future years.


  1. PG&E Bankruptcy In addition to the above proceedings, we are also keeping a close eye on the PG&E bankruptcy, which is playing out in four arenas: the bankruptcy court, the CPUC, the CA State legislature, and the Federal Energy Regulatory Commission (FERC).

Developments in June:

  • June 14 – CPUC orders PG&E to prove new Board is fit to serve: STORY
  • June 18 – PG&E settles claims with about a dozen local governments over wildfires


  1. Integrated Resource Planning (IRP) (Proceeding # R.16-02-007) – 


  • June 20 – Assigned commissioner and Administrative Law Judge’s RULING initiating procurement track and seeking comment on potential reliability issues. Comments are due no later than July 15, 2019. Reply comments are due no later than July 25, 2019.

Background: On April 25 the CPUC unanimously approved a Proposed Decision that approves or certifies 20 individual LSE IRPs. Grants exemptions to 9 LSEs. Requires another 19 LSEs to refile their individual IRPs as Tier 2 advice letters, with additional information about the criteria pollutants associated with serving their load. It also adopts a Preferred System Portfolio to use as the basis for future planning and to transfer to the CAISO for use in its Transmission Planning Process (TPP) as the reliability base case and policy-driven base case. Lastly, it requires LSEs serving load in the territory of PG&E to include in their next IRPs a section addressing retirement of Diablo Canyon. The decision primarily relies on Community Choice agencies to procure the new clean energy resources the State needs over the next decade to achieve California’s renewable energy and GHG emissions reduction targets attributable to the State’s electricity sector. A video of the proceeding is HERE. Item 51 on the agenda. The CPUC’s action represents a major vote of confidence in the critical role CCAs are playing in California’s rapidly evolving energy system.


  1. Distribution Resource Plans – No update. Background: This proceeding consolidates numerous previous proceedings and seeks to establish policies and rules for IOUs to develop Distribution Resources Plan Proposals, and to evaluate the IOUs’ infrastructure and planning to incorporate distributed energy resources (DERs) into their systems. There are three parallel and concurrent Tracks in this proceeding. Track 1 concerns methodological issues. Track 2 concerns demonstration and pilot projects. Track 3 concerns policy issues.  Decisions have been issued on all three tracks, but there are still residual issues and new issues being addressed.


  1. Renewable Portfolio Standard – New developments:
  • May 31, 2019 – IOUs, ESPs, and CCA RPS procurement plans deadline.
  • June 28 – Comments on plans and coordination with IRP proceeding.
  • July 12 – Deadline for Motion to request evidentiary hearings.
  • July 12 – Reply comments on RPS plans.
  • August 1 – Updates to RPS procurement plans.
  • Fourth Quarter 2019 – Proposed Decision.

Background: The RPS program implements SB 350 and SB 100 by requiring all LSEs to increase their procurement of renewable energy to 44% by 2024, 52% by 2027, 60% by 2030, and 100% by 2045.


  1. Integrated DER – No new developments. Recent ALJ Rulingdirecting responses to post-March 4-5, 2019 Workshop questions. Background: Since 2007, the Commission has sought to integrate demand side energy solutions and technologies through utility program offerings. Decision (D.07-10-032) directs that utilities “integrate customer demand-side programs, such as energy efficiency, self-generation, advanced metering, and demand response, in a coherent and efficient manner.” The Commission’s IDER Action Planpublished in 2016 remains in draft form.


  1. Direct Access Rulemaking (SB 237) – No new developments.  On March 14, 2019 CPUC issued an Order Instituting Rulemaking (OIR) for proceeding R. 19-03-009 regarding implementation of Senate Bill 237(SB 237 – Hertzberg) concerning expansion of the Direct Access (DA) program. DA is available to non-residential customers. Background: DA access was restricted after the energy crisis by SB 1X. DA access is currently capped and accessible via a lottery system, with 7,603 GWh of load on the waitlist. SB 237 increases the maximum total annual kilowatt-hours allowed under the DA program by a total of 4,000 GWh apportioned among the three IOU service territories. That increase must be implemented by June 1, 2019. SB 237 also gives CPUC until June 1, 2020 to provide the legislature with guidance on expanding DA access to all interested non-residential customers. The proceeding will have two phases to address the two mandates.


  1. NEM Successor Tariff Rulemaking R.14-07-002

Pursuant to direction in the NEM Successor Tariff Decision, the Commission will review the NEM successor tariff some time in 2019, when the proceedings related to distributed energy resources are completed and after default TOU rates are implemented. Energy Division staff will explore compensation structures for customer-sited distributed generation other than NEM, as well as consider an export compensation rate that takes into account locational and time-differentiated values.

On April 26, 2019, the Energy Division distributed a Revised Solar Information Packet to service list R.14-07-002 and R.12-11-005.  The Energy Division asked for written comments about the content of the Revised Solar Information Packet and implementation approach.  The deadlines for submitting written comments has passed. If you have questions contact Kerry Fleisher at the CPUC Energy Division: Kerry.Fleisher@cpuc.ca.gov

Closed proceedings that matter:


  1. CCA Bond Requirements and Re-entry Fees – No new developments. Background: Rulemaking R.03-10-003 was initiated in October 2003 to implement portions of AB 117concerning Community Choice Aggregation. That Rulemaking is closed. One result of the proceeding was Decision 18-05-022issued on May 31, 2018 which established reentry fees and financial security requirements applicable to CCAs as required by Public Utilities Code Section 394.25(e). The IOUs were ordered to provide a Tier 1 Advice Letter detailing their costs and to identify that in their general rate cases. CCA parties assert that the Advice Letters submitted by the utilities are overly broad and exceed the scope permitted in D.18-05-022 because they would impose liability on returning CCA customers over and above the CCA Bond amount, permit the utility to dictate whether financial instruments and arrangements were satisfactory, and require that particular agreements drafted by the utility be used to satisfy a financial security amount.


  1. CCA Rulemaking03-10-003This was the original rulemaking that occurred between 2003 and 2005 to cross the Ts and dot the Is on CCA law.

Other regulatory matters:


Customer Choice Project. No update. This is an informal activity in progress that relates directly to CCAs, the California Customer Choice Project (formerly known as the “Green Book”). The Center submitted Comments on this matter in June 2018.


AB 2514 Energy Storage Mandate. Lastly, all LSEs in California are required to procure certain levels of storage under the Energy Storage Mandate in AB 2514. The CPUC oversees the implementation. Recent news is that due to CCA customers paying for IOU procurement of storage via nonbypassable charges, the obligation for CCAs to meet the mandate has been dismissed.





0 replies

Leave a Reply

Want to join the discussion?
Feel free to contribute!

Leave a Reply

Your email address will not be published. Required fields are marked *