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Volume I. Part I - California Public Utilities Commission

Volume I. Part I - California Public Utilities Commission

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cap would apply to all LSE resources procured to serve load, no matter what the<br />

source, including imports.<br />

The <strong>California</strong> legislature and Governor Schwarzenegger recently enacted<br />

two key pieces of legislation that will affect LSE procurement. First, SB 1368 directs<br />

the <strong>Commission</strong> to establish GHG emission performance standards by February 1,<br />

2007 (in consultation with the CEC and <strong>California</strong> Air Resources Board), to consider<br />

the reliability and cost impact of these new standards, and to include certain design<br />

elements in the GHG standards. SB 1368 also prohibits the <strong>Commission</strong> from<br />

approving long-term (i.e., five years or more) commitments for physical power by an<br />

LSE unless the base-loaded generation supplied complies with the GHG performance<br />

standards. Second, AB 32 establishes a comprehensive framework for the reduction<br />

of GHG in <strong>California</strong> for all industries, including utilities, through GHG emission<br />

limits, reporting requirements and potential market-based compliance mechanisms.<br />

Although the <strong>California</strong> Air Resources Board has the primary responsibility for<br />

implementing AB 32, the <strong>Commission</strong> has indicated its intent to implement relevant<br />

portions of SB 1368 and AB 32 in Phases 1 and 2 of R.06-04-009. A Phase 1 draft<br />

decision implementing the performance standard on new long-term, baseload<br />

commitments is expected in early December with a final decision occurring in<br />

January 2007. In preparing the 2006 LTPP, PG&E has taken into consideration the<br />

<strong>Commission</strong>’s GHG policies and decisions, SB 1368 and the potential impacts of<br />

AB 32.<br />

g. <strong>Commission</strong> Renewables Procurement Decisions and<br />

Recent Legislation<br />

The <strong>Commission</strong> initiated the Renewables Portfolio Standard (“RPS”) in<br />

August 2002 by ordering each IOU to procure at least an additional 1% of its actual<br />

energy and capacity needs from renewable generation. 49 The <strong>Commission</strong> expanded<br />

the RPS program in 2003 and opened a rulemaking in 2004 to continue the<br />

implementation of the RPS program. 50 The <strong>Commission</strong> issued numerous decisions<br />

in the rulemaking and established a requirement that the utilities procure 20% of their<br />

total energy sales from renewable resources by 2010, and that the utilities increase<br />

renewable procurement by at least 1% of total sales per year until 2010. In<br />

49 D.02-08-071.<br />

50 D.03-06-071; R.04-04-026.<br />

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