BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Application of Pacific Gas and Electric Company for Approval of Valuation and Categorization of Non-Nuclear Generation-Related Sunk Costs Eligible for Recovery in the Competition Transition Charge.
Application 96-08-001

(Filed August 1, 1996)

Application of San Diego Gas & Electric Company to Identify and Value the Sunk Costs of its Non-Nuclear Generation Assets.

Application 96-08-006

(Filed August 1, 1996)

Application of Southern California Edison Company to Identify and Value the Sunk Costs of its Non-Nuclear Generation Assets, in Compliance with Ordering Paragraph No. 25 of D.95-12-063 (as modified by D.96-01-009 and D.96-03-022).


Application 96-08-007

(Filed August 1, 1996)

Application of Pacific Gas and Electric Company To Establish the Competition Transition Charge.

Application 96-08-070

(Filed August 30, 1996)

In the Matter of the Application of Southern California Edison Company to estimate its Transition Costs as of January 1, 1998 in Compliance with Ordering Paragraph 26 of D.95-12-063 (as modified by D.96-01-009 and D.96­03­022), and related changes.


Application 96-08-071

(Filed August 30, 1996)

Application of San Diego Gas & Electric Company to Estimate Transition Costs and to Establish a Transition Cost Balancing Account.

Application 96-08-072

(Filed August 30, 1996)


ASSIGNED COMMISSIONER'S RULING REQUESTING COMMENTS

On December 3, 1997, the Commission adopted its decision regarding various tariff issues addressed at workshops for Pacific Gas and Electric Company (PG&E), Southern California Edison Company (Edison) and San Diego Gas & Electric Company (SDG&E). The Commission clarified what is meant by the obligation to pay CTC in relation to the standby rate in terms of incremental load. In my introductory remarks to that decision, I stated that the Commission was not acting on the interpretation of Public Utilities Code 369 for new customer load which is served through direct transactions, but who rely on the incumbent utility for standby service. While this issue was addressed in workshops convened by the Energy Division, and in comments to the Energy Division's workshop report, I request that parties file additional comments on this issue.

Section 369 provides that "[transition] costs shall not be recoverable for new customer load or incremental load of an existing customer where the load is being met through a direct transaction and the transaction does not otherwise require the use of transmission or distribution facilities owned by the utility." Comments should focus on whether new load which is interconnected with the utilities for standby service constitutes a transaction which would or would not be exempt from CTC, according to 369, i.e., does standby service "otherwise require the use of transmission and distribution facilities owned by the utilities." Comments should address both policy and legal considerations. It is not appropriate to address issues which the Commission has already considered, nor any other issues which parties believe may require resolution in this docket.

These comments must be filed and served on December 10, 1997. Reply comments are not necessary. Please expedite delivery of these comments via e-mail or overnight delivery to Commissioners, Administrative Law Judge (ALJ) Minkin (ang@cpuc.ca.gov), Steve Layman of the Energy Division (stv@cpuc.ca.gov), and active parties.

The ALJ issued her proposed decision in accordance with Rule 77.1, which provides that proposed decisions be issued on all matter which have been heard or when such procedure is required in the public interest in a particular case. According to the Commission's Rules of Practice and Procedure, because these matters were considered at workshops, a proposed decision need not be prepared in response to comments on this matter.

Therefore IT IS RULED that comments should be filed and served on December 10, 1997, which address the interpretation of Public Utilities Code 369 and the application of CTC to new load which is interconnected to the utilities for standby service. Expedited service should be provided, as described herein.

Dated December , 1997, at San Francisco, California.




  1. Gregory Conlon

Assigned Commissioner

CERTIFICATE OF SERVICE

I certify that I have by mail this day served a true copy of the original attached Assigned Commissioner's Ruling Requesting Comments on all parties of record in this proceeding or their attorneys of record.

Dated December , 1997, at San Francisco, California.




Virginia Laya




NOTICE

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