Henry M. Duque, Commissioner, concurring: I concur with the decision of my colleagues to designate a proposed policy decision that will become the primary focus of further inquiry, hearings, and comment. I support the wholesale-power-pool proposal as the proposed policy decision. The wholesale-power-pool is the preferred first step in reducing regulation and replacing regulatory oversight with market forces. I believe that the wholesale-power-pool proposal will increase the likelihood of lower rates for all Californians. In my short time on this Commission, I have heard the strong concerns about high California electric rates from residential, commercial, agricultural, and industrial customers. I believe this proposed policy will also provide the benefit of a single market-clearing price for all customers similarly situated. Moreover, the wholesale-power-pool promises a more gradual transition to an open market while minimizing price volatility. Also, the wholesale-power-pool will not require that customers negotiate new contracts with power suppliers. I commend Commissioner Knight for his preparation of detailed alternative rules for restructuring California's electric industry. Commissioner Knight's proposal calls for a direct transition to a retail market, where consumers of electricity have a direct-access-market linking them to generators who sell power directly to consumers. The thoughts contained in his proposal advance this regulatory process by systematically delineating many of the policy choices that remain open in the proposed policy decision. Both the wholesale-power-pool and the direct-access-market proposals offer additional policies that are likely to have profound consequences for California's consumers of electricity and for the shareholders of Pacific Gas and Electric (PG&E), San Diego Gas and Electric (SDG&E), and Southern California Edison (SCE). I have issued a statement and this concurring opinion because I have reservations that prevent my full endorsement of several of the policies considered in the proposed policy decision. My statement, which is attached to this decision, provides a detailed discussion of my principal concerns. I hope parties providing comments on the proposed policy decision will address these concerns. /s/ Henry M. Duque__ Henry M. Duque Commissioner May 24, 1995 San Francisco, California