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D.97-10-087, OPINION REGARDING DIRECT ACCESS IMPLEMENTATION PLANS AND RELATED TARIFFS

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In Decision (D.) 97-05-040 the Commission adopted a series of direct access policies and rules. The details of carrying out these policies and rules were left up to a series of workshops, workshop reports, and filings. Among the required filings that the investor-owned electrical corporations were ordered to prepare were their direct access implementation plans (DAIPs) and the pro forma tariffs and service agreements associated with the provisioning of direct access. Today's decision addresses the issues raised by those filings. We approve the tariff provisions and the ESP agreement that are attached to this decision as Appendix A and B, respectively. Other affected tariff rules, rate schedules, and attachments are also approved as discussed in the text of this decision.
Our decision today is the result of a dynamic process regarding the direct access tariffs. Part of this process was to allow the parties an opportunity to develop a uniform tariff that could be used on a statewide basis. Although a single, statewide tariff was never agreed to by all of the parties, this process did lead to a convergence of opinions. Together, the proposed tariffs and the tariffs we adopt today represent the substantial efforts of all market participants to reach agreement on a number of contentious issues.
Although we permit Pacific Gas and Electric Company (PG&E), San Diego Gas & Electric Company (SDG&E), and Southern California Edison Company (Edison) to use its own tariffs on certain issues, we have attempted to move toward the use of a uniform direct access tariff for statewide use. Current system constraints prevent the use of such a statewide tariff at this time. However, in the near future, a uniform tariff is a distinct possibility. Such a tariff will eliminate inconsistent and differing rules among the utilities. The processes and systems that we adopt today are far from perfect, and are unlikely to please every direct access market participant. However, as time goes by and we gain more experience with direct access, these processes and systems are likely to undergo further revision as part of the ongoing review process which we adopt as part of this order.

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