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[California Energy Commission Letterhead]
 

In the Matter of: )      Docket No. 06-IEP-1J
2007 Integrated Energy policy Report )        
Electricity Resources Data )       
_________________________________________ )       


NOTICE OF APPEAL OF ENERGY COMMISSION'S
DENIAL OF CONFIDENTIALITY



BACKGROUND

On February 13, 2007, Pacific Gas and Electric Company (PG&E) filed Electricity Resource Data Submittal forms S-1, S-2, and S-5 with the Energy Resources Conservation and Development Commission of the State of California (Energy Commission) for use in the 2007 Integrated Energy Policy Report (IEPR) proceeding. (06-IEP-1J) As part of that filing, PG&E sought a designation of confidentiality for some of the information.

On March 12, 2007, the Energy Commission's Executive Director issued a decision denying, in part, PGE's application for confidentiality. Specifically, the Executive Director did not grant confidentiality for the following information:

  • Capacity numbers for the existing Humboldt Bay plant and the three additional plants being developed;
  • Forecast generation for Diablo Canyon and the total for all Hydro plants over 30 MW;
  • Capacity estimates for DWR contractual resources, except monthly energy estimates from January 2007 through December 2009;
  • Capacity and energy forecast estimates from renewable QF resources, except where included with natural gas capacity and energy forecasts in "Other" and "Total Supply" through December 2016;
  • Monthly energy estimates for Pittsburg 5, 6 & 7, Contra Costa 6 & 7, and Potrero units for the period after December 2009;
  • Monthly energy and capacity estimates for EIF Fresno, Starwood Firebaugh, EIF Firebaugh, Tierra Energy Hayward, and Calpine Hayward through December 2016;
  • Form S-2, line 60; and
  • S-5 bilateral contract information as follows:
    • Supplier name;
    • Start date;
    • Expiration Date;
    • Contract Capacity;
    • Fuel Type;
    • Locational Attributes of Units(s);
    • Expected Energy From Contract;
    • Delivery Point;
    • Scheduling Coordinator.

On March 28, 2007, PG&E filed a timely appeal of the Executive Director's denial of confidentiality. Accordingly, the Energy Commission scheduled PG&E's appeal for its April 25, 2007, Business Meeting. On April 18, 2007, PG&E requested a stay of its appeal. On April 23, 2007, the Energy Commission's Executive Director granted PG&E's request for a stay. On May 9, 2007, the Executive Director filed an amended decision modifying the March 12, 2007, decision, in pertinent part, as follows:

  • Diablo Canyon--
    • Monthly capacity for the years 2007-2009 will be granted confidentiality since monthly capacity would reveal maintenance schedules and thus indicate a need to replace substantial amounts of energy during selected months.
      • Exception: Capacity during the peak demand month of August is not granted confidentiality. This information is already generally known.

    • Energy amounts for the years 2007-2009 are designated as confidential to conceal maintenance schedules.

  • Monthly capacity for the other utility controlled fossil/nuclear facilities (Wartsilla, Colusa, and Gateway) for the years 2007-2016 is already in the public domain and cannot be designated confidential; however, monthly energy amounts will be designated as confidential.
  • Total utility controlled fossil/nuclear capacity for the years 2007-2009 is designated as confidential except during the peak month of August. This information is already generally known. Capacity for the years 2009-2016 is not designated as confidential. This remains consistent with my earlier decision. Energy amounts for the years 2007-2016 are designated as confidential.
  • Total dependable capacity for all hydro plants over 30MWs for the years 2007-2016 is denied confidentiality. This remains consistent with my earlier decision. Monthly energy for the years 2007-2016 is granted confidentiality. Annual energy totals are denied confidentiality. This remains consistent with my earlier decision. Wet and Dry year values are granted confidentiality. This information if made public could harm PG&E economically.
  • Total capacity of utility controlled physical resources is granted confidentiality for the years 2007-2009 for all but the peak month of August. For the years 2010-2016, all months are denied confidentiality. Energy is granted confidentiality for the years 2007-2016.
  • Non-Gas QF energy for the years 2007-2016 is denied confidentiality. This remains consistent with my earlier decision. For other Bilateral Contracts, capacity for the years 2007-2009 is granted confidentiality. This information if made public could harm PG&E economically. Capacity for the years 2010-2016 is denied confidentiality for aging power plants. This remains consistent with my earlier decision. Capacity for the years 2010-2016 (other power plants) is granted confidentiality. In addition, Energy for all contracts for the years 2007-2016 is granted confidentiality.
  • Total Other Bilateral Contracts for capacity and energy in the years 2007-2016 is granted confidentiality.
  • DWR Energy for the years 2007-2016 is granted confidentiality.
Aside from the above listed modifications, the Executive Director's March 12, 2007, decision remains unchanged. Accordingly, we have scheduled PG&E's appeal at the Energy Commission's Business Meeting noticed below.

NOTICE OF APPEAL

The Energy Commission will consider PG&E's appeal of the Executive Director's decision and amended decision denying parts of PG&E's application for confidentiality pursuant to California Code of Regulations, title 20, section 2505(a)(3), at the following Energy Commission Business Meeting:

WEDNESDAY, JUNE 6, 2007
Beginning at 10 a.m.
California Energy Commission
1516 9th Street
Hearing Room A
Sacramento, California 95814
[Wheelchair Accessible]

At this event, PG&E and other interested parties will have an opportunity to present a summary of their respective positions regarding the Executive Director's decision denying PG&E's application for confidentiality and describe the types of evidence necessary to address unresolved factual issues. At the end of the presentations (and following questions from the Commissioners and public comments), the Energy Commission will, if necessary, schedule an evidentiary hearing to be held at the June 20 or July 3 Business Meeting. Be advised that this agenda item will be similar to a pre-hearing conference, and testimony will not be heard.

PUBLIC PARTICIPATION

Members of the public and interested governmental agencies are invited to attend this Business Meeting, and may offer public comment upon the matters discussed. These public comments will be entered into the record, and the Energy Commission may rely on them to supplement or explain its decision in this matter. Public comments by themselves, however, are not sufficient to support a finding of fact or a decision on an issue.

Interested persons and governmental agencies are encouraged to attend. Public comment on this matter should be submitted, in writing, to the Energy Commission's Docket Unit, located at 1516 Ninth Street, MS-4, Sacramento, California, 95814-5512, no later than 5:00 p.m. on June 1, 2007. Identify these comments with "Docket No. 06-IEP-01J."

The Energy Commission's Public Adviser is available to provide information or to assist those interested in participating at this hearing. The Public Advisor's Office may be reached at (916) 654-4489 or, toll free, at 1-800-822-6228; or e-mail: pao@energy.state.ca.us.

FURTHER INFORMATION

If you have a disability and need assistance to participate at this event, please contact Lou Quiroz at (916) 654-5146, at least five days prior to the event you wish to attend. News media inquiries should be directed to Claudia Chandler at (916) 654-4989, or e-mail: mediaoffice@energy.state.ca.gov. Information concerning the status of the Business Meeting agenda item, as well as notices, hearing transcripts, and other relevant documents, is also available on the Energy Commission's Internet home page at: http://www.energy.ca.gov/2007_energypolicy/index.html. Questions of a legal or procedural nature should be directed to Senior Staff Counsel, Fernando De Leon, at (916) 654-4879.

Dated: ____May 11, 2007________, in Sacramento, California.

____/S/______________________
JACKALYNE PFANNENSTIEL
Chair
California Energy Commission
 

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