December 9, 2011 Advice Letter 2632-E
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1 STATE OF CALIFORNIA PUBLIC UTILITIES COMMISSION SAN FRANCISCO, CA Edmund G. Brown Jr. Governor December 9, 2011 Advice Letter 2632-E Akbar Jazayeri Vice President, Regulatory Operations P O Box 800 Rosemead, CA Subject: Confirmation of SCE s Nominee to the Committee of its Nuclear Decommissioning Trust Funds Dear Mr. Jazayeri: Advice Letter 2632-E is effective December 1, 2011 per Resolution E Sincerely, Edward F. Randolph, Director Energy Division
2 ADVICE LETTER (AL) SUSPENSION NOTICE ENERGY DIVISION Utility Name: So California Edison Co Date Utility Notified: September 30, 2011 Utility No./Type: 338/Electric [X] to: Advice Letter Nos.: 2632-E Date AL filed: September 21, 2011 Fax No.: N/A Utility Contact Person: James Yee ED Staff Contact: Don Lafrenz Utility Phone No.: (626) For Internal Purposes Only: Date Calendar Clerk Notified / / Date Commissioners/Advisors Notified / / [x] INITIAL SUSPENSION (up to 120 DAYS) This is to notify that the above-indicated AL is suspended for up to 120 days beginning October 22, 2011 for the following reason(s) below. If the AL requires a Commission resolution and the Commission s deliberation on the resolution prepared by Energy Division extends beyond the expiration of the initial suspension period, the advice letter will be automatically suspended for up to 180 days beyond the initial suspension period. [ x ] Section 455 Hearing is required - A Commission resolution is required to address the advice letter. [ ] Advice Letter Requests a Commission Order [ ] Advice Letter Requires Staff Review Expected duration of initial suspension period: 120 days [ ] FURTHER SUSPENSION (up to 180 DAYS beyond initial suspension period) The AL requires a Commission resolution and the Commission s deliberation on the resolution prepared by Energy Division has extended beyond the expiration of the initial suspension period. The advice letter is suspended for up to180 days beyond the initial suspension period. If you have any questions regarding this matter, please contact Don Lafrenz at (415) (dlf@cpuc.ca.gov). cc: Maria Salinas Honesto Gatchalian * Reference General Rule of General Order 96-B.
3 Akbar Jazayeri Vice President of Regulatory Operations September 21, 2011 ADVICE 2632-E (U 338-E) PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ENERGY DIVISION SUBJECT: Confirmation of SCE s Nominee to the Committee of Its Nuclear Decommissioning Trust Funds (SCE or Company) hereby submits for filing this update to its Committee for Nuclear Decommissioning Trust Funds established pursuant to Decision (D.) and Resolution E PURPOSE SCE is requesting California Public Utilities Commission (Commission) confirmation of the re-appointment of its nominee, Daniel P. Garcia, to the Committee of SCE s Nuclear Decommissioning Trust Funds. BACKGROUND In response to D , SCE developed trust agreements for its nuclear decommissioning costs in accordance with the guidelines set forth in that Decision. Two trusts were required, one for the decommissioning contributions that qualify for an income tax deduction under Section 468A of the Internal Revenue Code (Qualified Trust), and one for the remaining contributions (Non-qualified Trust). The two trusts are collectively referred to herein as the "Trusts." On November 25, 1987, SCE's trust agreements were approved by the Commission and executed shortly thereafter by the Commission, SCE, and the Trustee. The Trusts were initially funded on February 2, 1988, and the trust agreements have been amended and restated from time to time thereafter with Commission approval. Both the Qualified and the Non-qualified Trusts require, among other things, that they be managed by a Committee composed of five members, three of whom are not affiliated with SCE. Linda G. Sullivan and Robert C. Boada, both of whom are officers of SCE, currently serve as SCE-affiliated Committee members. Aulana L. Peters, P.O. Box Walnut Grove Ave. Rosemead, California (626) Fax (626)
4 ADVICE 2632-E (U 338-E) September 21, 2011 G. Timothy Haight and Mr. Garcia currently serve as the non-sce affiliated Committee members. Mr. Garcia s current term on the Committee ends on November 22, The trust agreements provide that the standard term of a Committee member is five years. By this Advice Letter, SCE is nominating Mr. Garcia as a non-sce affiliated Committee member for a five-year term commencing on the date his current term expires and continuing until November 22, The Commission approved the appointment of Mr. Garcia to his current term in D The trust agreements provide that the Committee members be nominated by Company management and approved by its Board of Directors. The trust agreements then require Commission confirmation of the Committee members who are not affiliated with SCE. The issues in this filing are limited to the qualifications of the nominee to serve on the Committee of SCE s Trusts, and the fee arrangements for his services. As described below, the qualifications of the nominee and all of the information necessary for the Commission to determine the existence of any conflict of interest are fully set forth herein. CONFIRMATION OF NOMINEE SCE requests that the Commission confirm the nomination of Mr. Garcia who has indicated his willingness to serve on the Committee if confirmed by the Commission. His nomination for re-appointment was approved by the Board of Directors of the Company on September 1, Mr. Garcia brings outstanding professional credentials to the Committee including significant financial experience. Mr. Garcia is currently Senior Vice President (SVP) and Chief Compliance Officer for Kaiser Health Plan, Inc. and Kaiser Foundation Hospitals. Prior to this position, he was appointed SVP at Warner Bros. in 1991, and in 1997 he became SVP of Warner Music Group. In this capacity, he was responsible for strategic planning, transactions, design and construction, and plant management for Warner Bros. and Warner Music Group real estate holdings around the world. Prior to joining Warner Bros., Mr. Garcia was a partner at the law firm of Munger, Tolles and Olsen. Mr. Garcia s additional qualifications and professional background are set forth in Appendix A, which contains the declaration required by the trust agreements. Appendix A provides all other information necessary for the Commission to determine the existence of any potential conflict of interest. SCE proposes that the current fee and compensation arrangements which were found by the Commission to be reasonable and were approved for outside Committee members in D dated January 11, 2007, be continued for this nominee. No cost information is required for this advice filing.
5 ADVICE 2632-E (U 338-E) September 21, 2011 This advice filing will not increase any rate or charge, cause the withdrawal of service, or conflict with any other schedule or rule. TIER DESIGNATION Pursuant to General Order (GO) 96-B, Energy Industry Rule 5.3(1), this advice letter is submitted with a Tier 3 designation. EFFECTIVE DATE SCE respectfully requests that this filing become effective as soon as possible. NOTICE Anyone wishing to protest this advice filing may do so by letter via U.S. Mail, facsimile, or electronically, any of which must be received no later than 20 days after the date of this advice filing. Protests should be mailed to: CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Avenue San Francisco, California jnj@cpuc.ca.gov and mas@cpuc.ca.gov Copies should also be mailed to the attention of the Director, Energy Division, Room 4004 (same address above). In addition, protests and all other correspondence regarding this advice letter should also be sent by letter and transmitted via facsimile or electronically to the attention of: Akbar Jazayeri Vice President of Regulatory Operations 2244 Walnut Grove Avenue Rosemead, California Facsimile: (626) AdviceTariffManager@sce.com Leslie E. Starck Senior Vice President c/o Karyn Gansecki 601 Van Ness Avenue, Suite 2030 San Francisco, California Facsimile: (415) Karyn.Gansecki@sce.com
6 ADVICE 2632-E (U 338-E) September 21, 2011 There are no restrictions on who may file a protest, but the protest shall set forth specifically the grounds upon which it is based and shall be submitted expeditiously. In accordance with Section 4 of GO 96-B, SCE is serving copies of this advice filing to the interested parties shown on the attached GO 96-B service list. Address change requests to the GO 96-B service list should be directed by electronic mail to AdviceTariffManager@sce.com or at (626) For changes to all other service lists, please contact the Commission s Process Office at (415) or by electronic mail at Process_Office@cpuc.ca.gov. Further, in accordance with Public Utilities Code Section 491, notice to the public is hereby given by filing and keeping the advice filing at SCE s corporate headquarters. To view other SCE advice letters filed with the Commission, log on to SCE s web site at For questions, please contact Gregory Henry at (626) or by electronic mail at Gregory.Henry@sce.com. AJ:gh:sq Enclosures Akbar Jazayeri
7 Appendix A
8
9 DANIEL P. GARCIA Senior vice president and chief compliance officer Kaiser Foundation Hospitals and Health Plan Board of Directors Daniel P. Garcia is senior vice president and chief compliance officer for Kaiser Foundation Hospitals and Kaiser Foundation Health Plan, Inc. He is responsible for ensuring that Kaiser Permanente meets or exceeds compliance, ethics and integrity standards with respect to all applicable laws, regulations and accreditation requirements. Prior to this role, he was senior vice president Worldwide Corporate Real Estate at Warner Bros., and a partner at the law firm of Munger, Tolles and Olson. He spent nearly 10 years of his law firm career litigating health care insurance cases. Garcia has served on the boards of Kaiser Foundation Hospitals and Kaiser Foundation Health Plan, Inc. since July 1992; and, upon his appointment as chief compliance officer in 2002, he became the designated director. He currently serves on the Quality and Health Improvement Committee and the Finance Committee. Garcia has served on numerous nonprofit boards, including the Mexican American Legal Defense and Educational Fund, Arroyo Vista Family Health Clinic and the Greater Los Angeles Partnership for the Homeless. He is a former member of the board of trustees of the Rockefeller Foundation, former president of the Mexican-American Bar Association, past chair of the Greater Los Angeles Area Chamber of Commerce, and past president of the Los Angeles Police Commission, Los Angeles Airport Commission, Los Angeles Planning Commission and the Los Angeles Redevelopment Agency. Garcia has written, been published and lectured extensively on urban policy issues, including land use, transportation and urban planning. In 1988, he received regional, state and national awards for excellence in public planning from the American Planning Association. He was also a regent s lecturer at the UCLA Law School and Graduate School of Architecture and Urban Planning from 1989 to He served in the U.S. Army from 1967 to 1969, and was a platoon sergeant in a combat infantry division during the Vietnam War. His awards for service include three Purple Hearts, the Silver Star, two Bronze Stars and an Air Medal. Garcia holds a bachelor s degree in business administration from Loyola University, a master s degree in business administration from the University of Southern California, and a juris doctor degree from the University of California, Los Angeles.
10 CALIFORNIA PUBLIC UTILITIES COMMISSION ADVICE LETTER FILING SUMMARY ENERGY UTILITY MUST BE COMPLETED BY UTILITY (Attach additional pages as needed) Company name/cpuc Utility No.: (U 338-E) Utility type: Contact Person: James Yee ELC GAS Phone #: (626) PLC HEAT WATER Disposition Notice to: EXPLANATION OF UTILITY TYPE ELC = Electric GAS = Gas PLC = Pipeline HEAT = Heat WATER = Water (Date Filed/ Received Stamp by CPUC) Advice Letter (AL) #: 2632-E Tier Designation: 3 Subject of AL: Confirmation of SCE s Nominee to the Committee of Its Nuclear Decommissioning Trust Funds Keywords (choose from CPUC listing): Nuclear AL filing type: Monthly Quarterly Annual One-Time Other If AL filed in compliance with a Commission order, indicate relevant Decision/Resolution #: Does AL replace a withdrawn or rejected AL? If so, identify the prior AL: Summarize differences between the AL and the prior withdrawn or rejected AL 1 : Confidential treatment requested? Yes No If yes, specification of confidential information: Confidential information will be made available to appropriate parties who execute a nondisclosure agreement. Name and contact information to request nondisclosure agreement/access to confidential information: Resolution Required? Yes No Requested effective date: upon Commission approval Estimated system annual revenue effect: (%): Estimated system average rate effect (%): No. of tariff sheets: -0- When rates are affected by AL, include attachment in AL showing average rate effects on customer classes (residential, small commercial, large C/I, agricultural, lighting). Tariff schedules affected: None Service affected and changes proposed 1 : Pending advice letters that revise the same tariff sheets: 1 Discuss in AL if more space is needed.
11 Protests and all other correspondence regarding this AL are due no later than 20 days after the date of this filing, unless otherwise authorized by the Commission, and shall be sent to: CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Ave., San Francisco, CA and Akbar Jazayeri Vice President of Regulatory Operations 2244 Walnut Grove Avenue Rosemead, California Facsimile: (626) Leslie E. Starck Senior Vice President c/o Karyn Gansecki 601 Van Ness Avenue, Suite 2030 San Francisco, California Facsimile: (415)
SUBJECT: Confirmation of Southern California Edison Company s Nominee to the Committee of its Nuclear Decommissioning Trust Funds.
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