Advocacy at the California Public Utilities Commission CPUCCEERTs Regulatory Counsel Sara Steck Myers and Associate Regulatory Attorney Megan Myers act as advocates and intervenors before the CPUC and other regulatory agencies to ensure fairly pricing for clean power, improve renewable energy procurement planning, and strengthen implementation of the states Renewable Portfolio Standard RPS. CEERT is helping lead the fight for innovative policies that reflect the true value, costs, and benefits of clean, renewable energy. Recent Developments Renewable Portfolio Standard RPS Program R. In February, Commissioner Rechtschaffen became the Assigned Commissioner to R. Commissioner Peterman. Since then, a Proposed Decision on revised compliance requirements was issued, the investor owned utilities IOUs long overdue update to the Joint IOU Proposal for Use of Effective Load Carrying Capability ELCC for RPS Procurement was filed, and the IOUs and load serving entities LSEs submitted their annual RPS Plans. The Proposed Decision PD on revised compliance requirements was issued on May 2. Vai Naked Tracks Rapidshare there. On June 1. 5, CEERT filed Comments seeking revisions that would ensure that the calculation of excess procurement for Categories 2 and 3 was in compliance with SB 3. The final decision D. June 2. 9 see http docs. Published. DocsPublishedG0. M1. 91K5. 301. 91. PDF. The decision made the clarifications that CEERT sought to ensure the rules governing the treatment of RECs applied to both Category 2 and Category 3 resources. The Joint Updated IOU ELCC Proposal was filed on May 3. See http docs. Published. DocsEfileG0. M1. 92K8. PDF. On May 2. 6, an Assigned CommissionerALJ Ruling was issued that set out the schedule for submission of the IOUsLSEs RPS Plans, and made a Renewable Auction Mechanism RAM proposal that would provide an opportunity to target procurement by geographic location. See http docs. Published. DocsEfileG0. M1. 87K5. Advocacy at the California Public Utilities Commission CPUC CEERTs Regulatory Counsel Sara Steck Myers and Associate Regulatory Attorney Megan Myers act as. VN1ItsoPkeobLgzvRKMAZu*2bIfuzV8PJRjFj*YGK3QlF2Usawhs6TpX3TwzMmvH5zpYG6BRFitEOpWK9PIGLUyqJ3ZQrYD/SCE112012.JPG' alt='Sce Smart Meter Program' title='Sce Smart Meter Program' />PDF. Comments on the RAM proposal were filed in June. The IOUs RPS Plans were submitted on June 3. Comments filed on August 1. The IOUs continue to maintain that they have enough renewable resource procurement to date to comply with the RPS, and that solicitations this year are unnecessary. However, in Comments filed on August 1. Independent Energy Producers and American Wind Energy Association California Caucus, the IOUs assessment of future need was challenged, and both groups urged the Commission to order procurements by the IOUs, especially in recognition of the cost savings to ratepayers that could be achieved by taking advantage of expiring tax credits. Sce Smart Meter Program' title='Sce Smart Meter Program' />ADM ADM0001 ADM MOBILE ENERGY CLINIC 20042005 NONUTILITY ENERGY EFFICIENCY PROGRAM ADM0002 Upstream High Efficiency Gas Water Heater. Enroll your smart, connected WiFi thermostat in a BYOT program and earn money toward your device and additional savings toward your utility bill. Manage your energy. Rule 21 Interconnection. Electric Rule 21 is a tariff that describes the interconnection, operating and metering requirements for generation facilities to be. Get Extra Credit Save Power Days. If youve got a smart meter installed at your home and have a smart thermostat, then our Save Power Days Incentive Plus with. Nintendo Switch The Kotaku Review. The Nintendo Switch is a fascinating new game console built around a novel and wellexecuted Read more Read. The Large Scale Solar Association further asserted that, even if the need assessments by the IOUs were correct, the same circumstances did not exist for CCAs and ESPs, and the Commission must take action to ensure procurement by these LSEs to meet their RPS obligations. While CEERT did not file Comments on either the RAM proposal or the RPS Plans, we continue to track this proceeding and will support positions that ensure adequate, timely procurement of renewables, especially to achieve compliance with SB 3. PD expected in the fourth quarter of 2. Integrated Resource Planning IRP Long Term Procurement Planning LTPP R. R. 1. 6 0. 2 0. SB 3. Integrated Resource Planning IRP provisions, but continues to move at a glacial pace to implement those provisions. A Proposed Decision on guidance to the LSEs for their IRPs, once expected to be issued in April, is now not due until the end of 2. LSEs IRP filings not due until the second quarter of 2. A Reference System Plan is expected to be issued on September 1. CPUC Staff indicated that parties may be able to suggest alternative modeling scenarios even after that Reference Plan is issued. The Staff Proposal on Guidance on 2. IRP process, originally due in March, was issued for comment as an Attachment to an ALJs Ruling issued on May 1. Published. DocsEfileG0. M1. 86K4. 371. 86. PDF. The ALJs Ruling sought responses to questions posed on the following multiple topics 1 Guiding Principles, 2 Disadvantaged Communities Objectives, 3 Overall IRP Process, 4 2. IRP Process, 5 Electric Sector 2. GHG Emissions Targets, 6 LSE Specific GHG Emissions Targets, 7 Modeling in 2. GHG Emissions Scenarios to be Modeled, 9 Modeling Assumptions, 1. Modeling Outputs and Metrics, 1. Sensitivities, 1. Futures, 1. 3 Costs, 1. Risks, 1. 5 Disadvantaged Communities Definition, 1. Demand Side Resources, 1. Supply Side Resources, 1. Short Term Investments, Actions, or Procurement, 1. Transportation Electrification, 2. Reference System Plan Development, 2. LSE Filing Process, 2. General LSE Filing Requirements, 2. Technical LSE Filing Requirements, 2. LSE IRP Filing Template, 2. Standard and Alternative IRPs, 2. Individual LSEs, 2. Individual LSE Load Determination, 2. Individual LSEs, 2. Marginal GHG Abatement CostPlanning Price, 3. Relationship Between IRPs and Procurement, 3. Relationship Between IRPs and Bundled Procurement Plans, 3. Disadvantaged Communities Impacts in Procurement, 3. Cost Allocation and Cost Recovery, 3. Alignment of IRP Process with Other Commission Resource Proceedings, 3. Preferred System Plan, 3. Alignment with CECs Integrated Energy Policy Report IEPR and CAISOs Transmission Planning Process TPP, and 3. Regional Planning. Responses and Opening Comments on the IRP Staff Proposal were initially due on June 1. Reply Comments on June 2. However, on June 1. ALJ Fitch issued a Ruling that postponed the due date for Responses and Opening Comments to June 2. Comme Un Aimant Rapidshare. Reply Comments to July 1. Along with 5. 3 other parties, CEERT filed Responses to May 1. ALJ Ruling and Opening Comments on the IRP Staff Proposal on June 2. Our Responses to Questions and Comments are summarized below Guiding Principle A Guiding Principle should be added to clarify the IRP processs role in providing guidance on IRPs that will result in authorization of procurement. Overall IRP Process CEERT recommends a paring down of the Reference Plan development to focus on system wide modeling efforts on identifying high capital cost, long lead time, high benefit grid infrastructure and resources. There should be greater clarity on how the plans will be carried out. IRP Process Developing a single optimal portfolio is not the intent of the statute. Multiple effective portfolios likely have similar characteristics that should be identified and passed to LSEs for LSE plans. This would allow flexibility for LSEs to determine resource portfolios that meet the needs of their load. Electric Sector 2. GHG Emissions Targets CEERT supports using the CARB Scoping Plan. GHG Emissions Scenarios to be Modeled It is inappropriate for the smallest reduction to be the default target. The planning target range should be 4. IRP modeling efforts with the CARB Scoping Plan assumptions. Short Term Investments, Actions or Procurement Short term procurement should be authorized for identified high capital cost, long lead time and high benefit resources, to maximize ratepayer savings through realizing the full Production Tax Credits PTCs and Investment Tax Credits ITCs, and to ensure there is no GHG increase due to Diablo Canyon closing should procurement not be identified in A. Diablo Canyon. Reference System Plan Development Emphasis should be placed on finding common characteristics between well performing portfolios. Updated CA Federal Laws Supporting No Opt out Fees and Complaint Info. The following federal and CA state laws that appear to support no opt out fees are listed below. This is not a complete list and CEP does not provide guidance nor legal assistance to interpret them. We recommend that you study the laws and use this information to assist your efforts to work on smart meter issues, including fees. You may wish to obtain the assistance of a disability right clinic or disability rights attorney. TO FILE A TITLE II ADA 5. COMPLAINT AGAINST YOUR STATE PUBLIC UTILITIES COMMISSION PUC WITH THE US DEPT OF JUSTICE US DOJRELATED TO YOUR DISABILITY ANDOR MEDICAL CONDITIONS AND DISCRIMINATORY STATE POLICIES THAT FORCE EXPOSURE TO RF RADIATION, DISCRIMINATORY OPT OUT FEES, OR DISCRIMINATION DUE TO LACK OF EQUAL ACCESS TO MEETINGS VIRTUAL OR IN PERSON, CLICK HERE State of CA Disability Laws and Regulations webpage, includes state and federal discrimination lawshttp www. A Guide to Disability Rights Laws. A 2. 1 page booklet that provides a brief overview of ten Federal laws that protect the rights of people with disabilities and provides information about the federal agencies to contact for more information. Spanish, Cambodian, Chinese, Hmong, Japanese, Korean, Laotian, Tagalog and Vietnamese editions available from the ADA Information Line. ADA. CGuide Disability Rights Laws HTML w selected sections, below Americans with Disabilities Act ADATelecommunications Act Fair Housing Act Individuals with Disabilities Education Act Rehabilitation Act Architectural Barriers Act General Sources of Disability Rights Information Statute CitationsBoth California state and federal laws support nondiscrimination against disabled persons andor those with medical conditions. This pertains to disabled persons and use of public services, applies to states and their agencies CPUC which have no immunity if found to violate and recipients of state or federal funding the utilities in many states received  Recovery Act money by the billions to develop smart meters and the smart grid. To look up the individual grant recipients and grants, go to http www. Pagesdefault. aspx. CEP asserts that all citizens and thus, all residential customers, are protected from paying opt out fees by California Public Utilities Code 4. It is the position of CEP that a broad segment of the population who may be considered as people with disabilities on record or regarded as having physical or mental impairments, andor medical conditions, andor specific mental and physical characteristics are clearly protected by either or both the ADA and California Public Utilities Code 4. Section 4. 53, as well as a host of other, similar federal and state discrimination laws, including, but not limited to CA Government Codes Civil Code Section 5. Unruh Civil Rights Act, Section  1. CA Government Code Section 1. Section 5. 08 of the federal Rehabilitation Act of 1. U. S. C. Sec. 7. 94d, and regulations implementing that act as set forth in Part 1. Title 3. 6 of the Federal Code of Regulations, and section 5. Rehabilitation Act of 1. Pub. L. 9. 3 1. 12, 8. Stat. 3. 94 2. 9 U. S. C. 7. 94, as amended, from being charged extra fees and costs to opt out from wireless smart meters. These are the federal assurances that utility companies agree to follow when getting the Smart Grid grants Civil Rights Act of 1. Public Law 8. 8 3. Section 1. 6 of the Federal Energy Admin Act of 1. Pub. L. 9. 3 2. 75 Section 4. Energy Reorganization Act of 1. Pub. L 9. 3 4. 38 Title IX of the Educational Amendments of 1. PL 9. 2 3. 18 PL 9. PL 9. 4 4. 82 Section 5. Rehabilitation Act of 1. PL 9. 3 1. 12, the Age Discrimination Act of 1. PL 9. 4 1. 35 Title VIII of the Civil Rights Act of 1. PL 9. 0 2. 84 the Dept of Energy Organization Act of 1. PL 9. 5 9. 1 and the Energy Conservation and Production Act of 1. PL 9. 4 3. 85 and Title 1. Code of Federal Regulations Part 1. In accordance with the above laws and regulations issued pursuant thereto, the Applicant agrees to assure taht no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity in which the Applicant receives Federal assistance from the Department of Energy. Section 5. Title 1. Energy, as follows employment practices section exists but is eliminated belowCalifornia Public Utilities Code 4. It should be noted that state immunity, in terms of liability, is specifically unavailable for these types of violations. Further, CA Government Code Section 1. It is an unlawful practice under this part for a person to deny or to aid, incite, or conspire in the denial of the rights created by Section 5. Civil Code. CEP asserts that the CPUC may appear to be conspiring to deny and violate Section 5. Section 5. 1 states, All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. Persons with disabilities, medical conditions, or specific characteristics may choose to opt out from RFEMF emitting meters ie. RF or other EMFs for reasons related to the disability, medical condition, or characteristic. CPUC orders andor actions of utilities to force disabled persons or those with medical conditions or said characteristics to pay an opt out fee and additional costs to avoid adverse exposures, would therefore violate either of or both the Americans With Disabilities Act and California Public Utilities code 4. Section 4. 53, as well as additional federal and state laws barring discrimination against such individuals or classes of individuals. The CA Public Utilities Code Section 4. Section 1. 11. 35  of the  Government Code for its definition of medical condition and other characteristics, which may be viewed as extremely broad, and are listed herein, below, for illustration. Further, California Public Utilities Section 4. Therefore, CEP asserts that the opt out fees and costs further violate California Public Utilities Section 4. CA Public Utilities Code Section 4. No public utility shall, as to rates, charges, service, facilities, orin any other respect, make or grant any preference or advantage toany corporation or person or subject any corporation or person toany prejudice or disadvantage. No public utility shall establish or maintain any unreasonabledifference as to rates, charges, service, facilities, or in any otherrespect, either as between localities or as between classes ofservice. California Public Utilities Code Section 4.