This page describes filing procedures for the following submittals. In all of the cases below, the initial filings should clearly indicate the name, postal address, telephone number, and e-mail address of the individual(s) who will serve as a point of contact for Energy Commission staff.
Public Notices
To provide notice of a governing body's public discussion of a proposed investment that is subject to the EPS, utilities should submit all notices regarding compliance filings and related EPS items and the following information to the EPS docket. The current docket number for calendar year 2022 is 22-EPS-01.
- Name of governing authority/body meeting
- Date
- Time
- Location
- Wheelchair accessible?
- Remote access, if any (conference phone, URL for webcast)
- Contact for public for further information
- Agenda for the meeting, if available. Alternatively, the URL at which the agenda is posted.
- A website link to materials being provided to the utility's governing body related to the investment's compliance with the EPS.
If the agenda or supporting materials are unavailable at the time the Commission is initially notified of the meeting, utilities are asked to provide an estimate of the date by which the documents are expected to be available. If the discussion of the proposed investment is subsequently taken off the meeting agenda or postponed to a later meeting, please notify the Energy Commission by e-mail.
Requesting a Commission Evaluation of a Prospective Procurement
A utility may request that the Energy Commission evaluate a prospective procurement prior to an investment being made. Such a request will be handled under the procedures established under Chapter 2, Article 4 of the California Code of Regulations. These regulations outline the steps of the investigation process, the timeframe in which they are undertaken, and requirements regarding public participation.
Requests for a Commission Evaluation of a Prospective Procurement ("Evaluation") should be submitted to the EPS docket, 22-EPS-01. The request must contain sufficient information to allow the Commission to make an informed decision regarding the compliance of the investment with the EPS. For a description of the necessary information see Supporting Documents for Utility Filings. Utilities should also simultaneously submit the request and supporting documentation in electronic form to EPS@energy.ca.gov.
Requesting a Reliability or Financial Exemption or a Pre-Existing Multi-party Commitment Exemption
Utilities may request that investments be exempted from the EPS due to reliability or financial impacts or a pre-existing multiparty commitment. Requests should be submitted electronically to the EPS docket, 22-EPS-01. The request must be accompanied by sufficient information to allow the Commission to make an informed decision regarding the compliance of the investment with the EPS.
Procedures for Compliance Filings
Utilities are required to submit a compliance filing within 10 days of entering into an investment that must be compliant with the EPS. Compliance Filings must be submitted to the EPS docket: 22-EPS-01.
The compliance filing must be accompanied by sufficient information to allow the Commission to make an informed decision regarding the compliance of the investment with the EPS. It must also include an electronically-signed attestation consistent with Section 2909(a) of the regulations. Utilities should simultaneously submit the request and supporting documentation in electronic form to EPS@energy.ca.gov.
Energy Commission staff will notify the filing utility within 14 days if the information provided in support of the Compliance Filing in not sufficient. The Energy Commission has 30 days from receipt of a complete filing to rule on the compliance of the investment with the EPS. Notification will only occur if the filing is insufficient. The Energy Commission will not notify parties that their filing was sufficient.
Requesting a Compliance Investigation
Parties may request that the Commission undertake a Compliance Investigation in the event that they believe a POU has not complied with these regulations. Such a request triggers a formal investigation by the Commission and falls under Chapter 2, Article 4 of the California Code of Regulations. These regulations establish the steps the Energy Commission must take in assessing the need for and undertaking a Compliance Investigation and the timelines for each.
Requests should be submitted to the EPS docket, 22-EPS-01. The request must be accompanied by sufficient information so as to allow the Commission to make an informed decision regarding the need for an investigation. Parties should simultaneously submit the request and any supporting documentation in electronic form to EPS@energy.ca.gov.