Greenhouse Gases Emission Performance Standard Rulemaking

Docket #12-OIR-1

Rulemaking to Consider Modification of Regulations Establishing a Greenhouse Gases Emission Performance Standard for Baseload Generation of Local Publicly Owned Electric Utilities

Lead Commissioner:
Robert B. Weisenmiller, Chair


On November 14, 2011the Natural Resources Defense Council (NRDC) and Sierra Club jointly filed a Petition requesting the Energy Commission initiate a rulemaking proceeding to ensure the current practices of California publicly owned utilities (POUs) meet the requirements of Senate Bill 1368 (Perata, Chapter 598, Statutes of 2006) and California's Emission Performance Standard.

Specifically, the petition recommended the Energy Commission open a rulemaking proceeding to modify the regulations to require POUs to submit compliance filings for all non-EPS compliant investments and to further define what constitutes a covered procurement as used in the regulations.

On December 14, 2011, the Energy Commission granted the petition and directed the staff to draft on Order Instituting Rulemaking (OIR) to consider the issues raised in the petition, as well as concerns raised by representatives of the POUS that the Energy Commission is required to reevaluate the regulations in their entirety now that an enforceable cap on greenhouse gas emission has been established and is arguably in operation. (Public Utilities Code §8341(f).)

On January 12, 2012, the Energy Commission adopted an order that a rulemaking proceeding be opened to consider whether to modify Title 20, Code of Regulations, Section 2900 et. Seq. as follows:

  1. By establishing a filing requirement for all POU investments in non-EPS compliant facilities regardless of whether the investment could be considered a covered procurement;
  2. By establishing criteria for, or further defining, the term "covered procurement," including specifying what is meant by "designed and intended to extend the life of one or more generating units by five years or more," and "routine maintenance;"
  3. Whether changes to the regulations are necessary pursuant to Public Utilities Code Section 8341(f);
  4. Any other changes to the regulations considered necessary to carry out the requirements of SB 1368.

For more information, please contact:

Melissa Jones
California Energy Commission
1516 Ninth Street, MS-20
Sacramento, CA 95814-5512
Telephone: (916) 654-3794
E-mail: Melissa.Jones@energy.ca.gov

Members of the News Media:
Please contact the Media and Public Communications Office at 916-654-4989.

Proceeding Information

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