[California Energy Commission Letterhead]

ORDER INSTITUTING RULEMAKING




In the Matter of:                          )     Docket 03-CRS-01
Proposed Rulemaking Pertaining to          )     Order No. 03-0528-03
Data Collection for Qualified Departing    )
Load CRS Exemptions                        )     ORDER INSTITUTING
                                           )     RULEMAKING
                    



I. INTRODUCTION


The purpose of this rulemaking is to adopt new data collection regulations related to determination of eligibility for Cost Responsibility Surcharge (CRS) exemptions. The California Public Utilities Commission (CPUC) has requested in CPUC Decision 03-04-030 (CPUC Decision), dated April 3, 2003, that the Energy Commission collect certain data to determine the eligibility of departing load for an exemption from the CRS. The rulemaking will specifically address the collection of data related to departing load, and whether such departing load meets the CPUC requirements set forth in the CPUC Decision to qualify for a CRS exemption. The CPUC has requested that data collected from the utilities and customer generators be used to determine eligibility for CRS exemptions. (See CPUC Decision at page 53 and 55) The California Energy Commission (Energy Commission) has broad authority and responsibilities to collect data for the purposes stated in Public Resources Code sections 25216(b), 25216.5(c) and (d), and 25320. This broad authority allows the Energy Commission to assist the CPUC in the determination of whether departing load customers meet the qualifications for CRS exemptions set forth in the CPUC Decision. Section 25320 directs the Energy Commission to manage an extensive data collection system to serve, among legislative objectives, the "information and policy development needs" of other agencies, market participants, and the public. (See Public Resources Code § 25300(d))

This rulemaking will establish the procedures that the Energy Commission will follow in determining eligibility for qualifying for exemptions from paying the CRS, and for the tracking and reporting of qualified installed customer generation, as specified in the CPUC Decision.

II. STATUTORY AUTHORITY TO UNDERTAKE RULEMAKING

The Energy Commission has authority to establish this rulemaking pursuant to Public Resources Code sections 25210, 25213, 25218(e) and Title 20, California Code of Regulations, section (Cal. Code Regs., tit. 20, §) 1220 et seq. Public Resources Code sections 25216, 25300 (c), (d), and (e), set forth the Energy Commission's authority to collect data, and encourages cooperation with state agencies sharing energy related responsibilities. The new regulations will assist the Energy Commission in meeting its statutory mandate to collect and analyze information about energy loads and resources given the current state of electricity markets, and the aftermath of the energy crisis.

Additionally, the state has been charged with developing a complete and thorough understanding of the operation of energy markets, and coordinating with other state agencies that share energy responsibilities. See Public Resources Code Section 25300 (c) and (e), and § 25301. This rulemaking will rely on close coordination between the Energy Commission with its data collection responsibilities and the CPUC, with its role to establish electricity rates, terms, and conditions for services received from California's investor-owned utilities.

III. DELEGATION OF AUTHORITY TO THE RENEWABLES COMMITTEE

The Renewables Committee, consisting of Energy Commissioners John L. Geesman and James D. Boyd, or successor committee with comparable powers and duties appointed pursuant to Public Resources Code section 25211, (Committee) shall preside over this proceeding. The Committee shall take all actions necessary and appropriate to comply with all applicable legal requirements, such as the requirements of the Warren-Alquist Act and the Administrative Procedure Act, including submission on behalf of the Energy Commission of all necessary documents to the Office of Administrative Law. In addition, the Committee shall issue notices for all hearings and workshops.

IV. PUBLIC PARTICIPATION

The Energy Commission encourages public participation in this proceeding. Any person present at any hearing or workshop shall be afforded a reasonable opportunity to make oral comments on the subject matter of the proceeding. Petitions to Intervene are unnecessary. Any person may file written comments on the rulemaking. Written comments must be received at the following address no later than the date of the adoption hearing, which will be specified in the Notice of Proposed Action:

Docket NO.03-CRS-01
Docket Unit
California Energy Commission
1516 Ninth Street, MS 4
Sacramento, CA 95814

The Executive Director shall ensure that this Order and notices of hearings and workshops are distributed to all interested persons, and that drafts of the regulations are made available sufficiently in advance of adoption by the Energy Commission to allow timely participation. Roberta Mendonca, the Energy Commission's Public Advisor, is available to facilitate the participation of any person in this proceeding, and may be reached by calling (916-654-4489) or toll free in California at (800) 822-6228.


Date: May 28, 2003


ENERGY CONSERVATION
AND DEVELOPMENT COMMISSION



WILLIAM J. KEESE
Chairman


ROBERT PERNELL
Commissioner


ARTHUR H. ROSENFELD
Commissioner


JAMES D. BOYD
Commissioner


JOHN L. GEESMAN
Commissioner
 



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