BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA SOUTHERN CALIFORNIA EDISON COMPANY S (U 338-E) MOTION TO STRIKE TESTIMONY

Transcription

1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Southern California Edison Company (U 338-E) for Approval of the Results of Its 2013 Local Capacity Requirements Request for Offers for the Moorpark Sub-Area. A (Filed November 26, 2014) SOUTHERN CALIFORNIA EDISON COMPANY S (U 338-E) MOTION TO STRIKE TESTIMONY WILLIAM V. WALSH TRISTAN REYES CLOSE Attorneys for SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California Telephone: (626) Facsimile: (626) Tristan.ReyesClose@sce.com Dated: May 1, 2015 LIMS i-

2 SOUTHERN CALIFORNIA EDISON COMPANY S (U 338-E) MOTION TO STRIKE TESTIMONY Table Of Contents Section Page I. INTRODUCTION...1 II. DISCUSSION...2 A. The City of Oxnard & NRG s Prepared Testimony and Corresponding Exhibits and Appendices Are Beyond the Scope of the Proceeding...2 B. CEJA s Prepared Testimony and Corresponding Attachments Are Beyond the Scope of the Proceeding...4 III. CONCLUSION...5 -ii-

3 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Southern California Edison Company (U 338-E) for Approval of the Results of Its 2013 Local Capacity Requirements Request for Offers for the Moorpark Sub-Area. A (Filed November 26, 2014) SOUTHERN CALIFORNIA EDISON COMPANY S (U 338-E) MOTION TO STRIKE TESTIMONY I. INTRODUCTION Pursuant to Rule 11.1 of the Rules of Practice and Procedure of the California Public Utilities Commission ( Commission or CPUC ), Southern California Edison Company ( SCE ) hereby moves to strike the prepared testimony, and corresponding exhibits, appendices and attachments, submitted by the City of Oxnard, NRG Energy Center Oxnard LLC ( NRG ) and the California Environmental Justice Alliance ( CEJA ). Specifically, SCE moves to strike the prepared testimony of David Cannon and Dr. David Revell on behalf of the City of Oxnard, the prepared testimony of Phillip Mineart on behalf of NRG and the prepared testimony of Amy Vanderwarker on behalf of CEJA. SCE moves to strike the aforementioned prepared testimony and corresponding exhibits, appendices and attachments on the grounds that these materials are outside of the scope of this proceeding. 1

4 II. DISCUSSION The March 13, 2015 Assigned Commissioner s Ruling and Scoping Memo ( Scoping Memo ) established the scope of this proceeding, SCE s Application for approval of contracts resulting from its 2013 Local Capacity Requirements ( LCR ) Request for Offers ( RFO ) for the Moorpark sub-area. The Scoping Memo set forth seven issues to be addressed in this proceeding. The prepared testimony and corresponding exhibits, appendices and attachments submitted by the City of Oxnard, NRG and CEJA are outside of the scope of this proceeding. A. The City of Oxnard & NRG s Prepared Testimony and Corresponding Exhibits and Appendices Are Beyond the Scope of the Proceeding In his direct testimony, Dr. Revell states that his testimony assesses the vulnerability of the Proposed Mandalay Generating Station... to existing and future coastal hazards and climate change impacts. 1 Similarly, Mr. Cannon states that his testimony assesses potential inundation of the Project site from future tsunami events Phillip Mineart s testimony provides an excerpt from the [application for certification] to be filed with the [CEC] that is titled Appendix N-2 Technical Memorandum Sea Level Rise Analysis Prepared in Support of Application for Certification, Puente Power Project. 3 However, assessing whether proposed generation and the location of such proposed generation is vulnerable to environmental impacts is exclusively within the jurisdiction of the California Energy Commission ( CEC ): The [CEC] has the exclusive authority to certify the construction and operation of thermal electric power plants 50 megawatts or larger and all related facilities in our state. The [CEC s] thorough site certification process provides a timely review and analysis of all aspects of a proposed project, including need, public health and environmental impacts, safety, efficiency, and reliability. In its 1 Testimony of Dr. David Revell on Behalf of the City of Oxnard at 1. 2 Testimony of David Cannon on Behalf of the City of Oxnard at 1. 3 Prepared Testimony of Phillip Mineart, P.E. on Behalf of NRG Energy Center Oxnard LLC at 1. 2

5 review, the [CEC] must determine whether the project will be constructed and operated in conformance with all applicable Laws, Ordinances, Regulations and Standards (LORS). 4 The CEC, not the Commission, is the proper venue to assess whether the location of the NRG Energy Center project would be adversely impacted by, and is vulnerable to, sea level rise, tsunamis and other climate impacts. Furthermore, it is not clear whether the location of the proposed NRG Energy Center project is indeed vulnerable to environmental impacts, as demonstrated by the differing assessments in the documents submitted by the City of Oxnard and NRG. 5 These differing assessments should be evaluated and verified by the CEC through its certification process, not through a proceeding in which the Commission is primarily considering the reasonableness of SCE s LCR RFO and the contracts executed as a result of that RFO. In the Scoping Memo, the Commission states that the CEC is the lead agency for purposes of the CEQA review [, and] [a]s a result, environmental matters will largely be resolved by the CEC. 6 Commission precedent also establishes that it should not impose an additional, out-of-scope review of the environmental issues in this proceeding. The Commission dealt with a similar issue in Resolution E One matter at issue in Resolution E-4522, in which the Commission was deciding whether to grant SCE s request to approve five power purchase agreements ( PPAs ), was the Sierra Club and CBD s protest to have a project rejected due to 4 CEC website ( Energy Facilities Licensing Process ) at CEC website ( Laws, Ordinances, Regulations and Standards in Siting Cases ) at see also Public Resources Code Section et seq. 5 See Prepared Testimony of Phillip Mineart, P.E. on Behalf of NRG Energy Center Oxnard LLC, Appendix B, Excerpt from Application for Certification for the Puente Power Project; Testimony of Dr. David Revell on Behalf of the City of Oxnard, Exhibit CO-4 ( Vulnerabilities of the Proposed Mandalay Generating Station to Existing and Future Coastal Hazards and Sea Level Rise ); Testimony of David Cannon on Behalf of the City of Oxnard, Exhibit CO-2 ( Sea Level Rise Vulnerability Assessment: Tsunami Analysis Mandalay Bay Generating Station ). 6 Scoping Memo at 5. See also Resolution E-4522, 2012 Cal. PUC LEXIS 755, at *46 (October 25, 2012) ( The Commission also notes that environmental permitting for the PPAs is the jurisdiction of the California Energy Commission. ). 3

6 project viability concerns resulting from biological impact. 7 Although the Commission acknowledge[d] that [the] environmental issues with [the project] ha[d] the potential to pose significant risks, it was decided that the Commission [would] not pre-judge the projects in light of these issues. 8 The Commission also found it prudent to trust that the California Energy Commission and other environmental agencies w[ould] ensure the environmental impacts of the project are minimized. 9 B. CEJA s Prepared Testimony and Corresponding Attachments Are Beyond the Scope of the Proceeding CEJA s prepared testimony identifies Oxnard as a vulnerable, environmentally burdened community and raises concerns regarding the potential effects that the NRG Energy Center project might have on Oxnard and its residents. 10 Like the environmental concerns raised by the City of Oxnard and NRG, the types of issues raised by CEJA are within the jurisdiction of the CEC and will be assessed by the CEC during its certification process. 11 The [CEC] has been integrating environmental justice into its siting process since 1995, as part of its thorough California Environmental Quality Act (CEQA) analysis of applications for siting power plants and related facilities. 12 The CEC [s]taff [] analyzes potential issues involving disproportionate 7 Resolution E-4522, 2012 Cal. PUC LEXIS 755, at *45 (October 25, 2012). 8 Id. 9 Id. at * CEJA Testimony at See CEC website ( Energy Facilities Licensing Process ) at and ( Laws, Ordinances, Regulations and Standards in Siting Cases ) at Public Resources Code Section et seq. 12 See CEC website ( Environmental Justice ) at See also NRG Testimony of D. Gleiter at 5 (The CEC s certification decisions typically include [a] detailed assessment of public health and safety, analyzing compliance with [law, ordinances, regulations and standards] and potential impacts in the areas of greenhouse gas emissions, air quality, [and] public health.... ). 4

7 impacts on minority and low-income populations resulting from exposure to direct and cumulative impacts associated with the proposed facility. 13 The environmental quality concerns raised in the prepared testimony, and corresponding exhibits, appendices and attachments, by the City of Oxnard, NRG and CEJA will be addressed during the course of the CEC s certification process and are not within the scope of this proceeding. III. CONCLUSION For the reasons set forth above, SCE respectfully requests that the Commission strike the prepared testimony and corresponding exhibits, appendices and attachments submitted by the City of Oxnard, NRG and CEJA. Respectfully submitted, WILLIAM V. WALSH TRISTAN REYES CLOSE /s/ Tristan Reyes Close By: Tristan Reyes Close Attorneys for SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California Telephone: (626) Facsimile: (626) Tristan.ReyesClose@sce.com May 1, California Energy Commission, Energy Facility Licensing Process: Developers Guide of Practices and Procedures Staff Report / Draft, December 7, 2000, at 30. 5

8 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Southern California Edison Company (U 338-E) for Approval of the Results of Its 2013 Local Capacity Requirements Request for Offers for the Moorpark Sub-Area. A (Filed November 26, 2014) CERTIFICATE OF SERVICE I hereby certify that, pursuant to the Commission s Rules of Practice and Procedure, I have this day served a true copy of SOUTHERN CALIFORNIA EDISON COMPANY S (U 338-E) MOTION TO STRIKE TESTIMONY on all parties identified on the attached service list A Service was effected by one or more means indicated below: Transmitting the copies via to all parties who have provided an e- mail address. Placing the copies in sealed envelopes and causing such envelopes to be delivered by hand or by overnight courier to the offices of the Commissioner(s) or other addressee(s). ALJ Regina DeAngelis CPUC - DIV of ALJ's 505 Van Ness Ave San Francisco, CA Executed this May 1, 2015 at Rosemead, California. _/s/ David Balandran David Balandran Project Analyst SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California 91770

9 CPUC - Service Lists - A Page 1 of 5 5/1/2015 CPUC Home CALIFORNIA PUBLIC UTILITIES COMMISSION Service Lists PROCEEDING: A EDISON - FOR APPROVA FILER: SOUTHERN CALIFORNIA EDISON COMPANY LIST NAME: LIST LAST CHANGED: APRIL 14, 2015 DOWNLOAD THE COMMA-DELIMITED FILE ABOUT COMMA-DELIMITED FILES Back to Service Lists Index Parties LAURENCE G. CHASET DANIEL W. DOUGLASS COUNSEL ATTORNEY KEYES FOX & WIEDMAN, LLP DOUGLASS & LIDDELL OXNARD STREET, SUITE 1030, CA WOODLAND HILLS, CA FOR: WORLD BUSINESS ACADEMY FOR: WESTERN POWER TRADING FORUM (WPTF) / ALLIANCE FOR RETAIL ENERGY MARKETS (AREM) / DIRECT ACCESS CUSTOMER COALITION (DACC) TRISTAN REYES CLOSE LUCAS ZUCKER SR. ATTORNEY CENTRAL COAST ALLIANCE UNITED SOUTHERN CALIFORNIA EDISON COMPANY 2021 SPERRY AVENUE, STE WALNUT GROVE AVE. / PO BOX 800 VENTURA, CA ROSEMEAD, CA FOR: CENTRAL COAST ALLIANCE UNITED FOR FOR: SOUTHERN CALIFORNIA EDISON COMPANY A SUSTAINABLE ECONOMY STEPHEN M. FISCHER JAMIE MAULDIN INTERIM CITY ATTORNEY ADAMS BROADWELL JOSEPH & CARDOZO, PC CITY OF OXNARD 601 GATEWAY BLVD., STE WEST THIRD STREET SOUTH SAN FRANCISCO, CA OXNARD, CA FOR: CALIFORNIA UNIONS FOR RELIABLE FOR: CITY OF OXNARD ENERGY (CURE) CHRISTOPHER CLAY APRIL ROSE SOMMER ASSISTANT GENERAL COUNSEL CENTER FOR BIOLOGICAL DIVERSITY CPUC 351 CALIFORNIA STREET, SUITE 600

10 CPUC - Service Lists - A Page 2 of 5 5/1/ VAN NESS AVE., RM SAN FRANCISCO, CA SAN FRANCISCO, CA FOR: CENTER FOR BIOLOGICAL DIVERSITY FOR: ORA MATTHEW VESPA LISA A. COTTLE SR. ATTORNEY WINSTON & STRAWN LLP SIERRA CLUB 101 CALIFORNIA ST., 35TH FLOOR 85 SECOND ST,, 2ND FL SAN FRANCISCO, CA SAN FRANCISCO, CA FOR: NRG ENERGY CENTER OXNARD, LLC AND FOR: SIERRA CLUB NRG CALIFORNIA SOUTH LP SARA STECK MYERS SHANA LAZEROW ATTORNEY AT LAW ATTORNEY LAW OFFICES OF SARA STECK MYERS COMMUNITIES FOR A BETTER ENVIRONMENT TH AVENUE 1904 FRANKLIN ST., STE. 600 SAN FRANCISCO, CA OAKLAND, CA FOR: ENERNOC, INC. FOR: CALIFORNIA ENVIRONMENTAL JUSTICE ALLIANCE JORDAN PINJUV COUNSEL CALIFORNIA ISO 250 OUTCROPPING WAY FOLSOM, CA FOR: CALIFORNIA ISO Information Only BARBARA BARKOVICH CASE COORDINATION BARKOVICH & YAP PACIFIC GAS AND ELECTRIC COMPANY, CA 00000, CA DAVID MARCUS ADAMS BROADWELL & JOSEPH, CA DESPINA NIEHAUS CALIFORNIA REGULATORY AFAIRS SAN DIEGO GAS & ELECTRIC COMPANY, CA JAMES H. CALDWELL, JR, CA RACHEL GOLD POLICY DIRECTOR LARGE-SCALE SOLAR ASSOCIATION, CA UDI HELMAN HELMAN ANALYTICS, CA DOUGLAS DAVIE VICE PRESIDENT WELLHEAD ELECTRIC COMPANY, INC., CA HEATHER TAKLE CASE ADMINISTRATION

11 CPUC - Service Lists - A Page 3 of 5 5/1/2015 AMERESCO INC SOUTHERN CALIFORNIA EDISON COMPANY 2244 WALNUT GROVE AVE. / PO BOX 800, MA ROSEMEAD, CA LINDA MORALES TIM FLYNN CASE ADMINISTRATOR MAYOR SOUTHERN CALIFORNIA EDISON COMPANY CITY OF OXNARD 2244WALNUT GORVE AVE./ PO BOX WEST THIRD STREET ROSEMEAD, CA OXNARD, CA DR. JERRY BROWN ROBERT PERRY DIR. - SAFE ENERGY PROJECT DIRECTOR OF ENERGY RESEARCH WORLD BUSINESS ACADEMY WORLD BUSINESS ACADEMY 2020 ALAMEDA PADRE SERRA, SUITE ALAMEDA PADRE SERRA, SUITE 135 SANTA BARBARA, CA SANTA BARBARA, CA MONA TIERNEY-LLOYD SUE MARA SR. DIR., WESTERN REGULATORY AFFAIRS CONSULTANT ENERNOC, INC. RTO ADVISORS, LLC PO BOX SPRINGDALE WAY CAYUCOS, CA REDWOOD CITY, CA MARC D. JOSEPH EDWARD T. SCHEXNAYDER ATTORNEY AT LAW SHUTE MIHALY & WEINBERGER, LLP ADAMS, BROADWELL, JOSEPH & CARDOZO 396 HAYES STREET 601 GATEWAY BLVD., STE SAN FRANCISCO, CA SOUTH SAN FRANCISCO, CA ELLISON FOLK ALISON SEEL SHUTE, MIHALY & WEINBERGER ASSOCIATE ATTORNEY 396 HAYES STREET SIERRA CLUB SAN FRANCISCO, CA SECOND STREET, 2ND FLOOR SAN FRANCISCO, CA CHARLES R. MIDDLEKAUFF DAWN GLEITER PACIFIC GAS AND ELECTRIC COMPANY DIRECTOR, BUSINESS DEVELOPMENT LAW DEPT. NRG ENERGY, INC. 77 BEALE STREET, B30A / PO BOX CALIFORNIA ST., STE. 650 SAN FRANCISCO, CA SAN FRANCISCO, CA NOELLE R. FORMOSA DIANE FELLMAN ATTORNEY VP - REGULATORY & GOVERNMENT AFFAIRS WINSTON & STRAWN LLP NRG WEST REGION 101 CALIFORNIA STREET, 35TH FLOOR 100 CALIFORNIA ST., STE. 650 SAN FRANCISCO, CA SAN FRANCISCO, CA CALIFORNIA ENERGY MARKETS MEGAN M. MYERS 425 DIVISADERO ST., SUITE 303 LAW OFFICES OF SARA STECK MYERS SAN FRANCISCO, CA TH AVENUE SAN FRANCISCO, CA GEORGE ZAHARIUDAKIS ENERGY SUPPLY PROCEEDINGS MATTHEW BARMACK DIR. - MARKET & REGULATORY ANALYSIS

12 CPUC - Service Lists - A Page 4 of 5 5/1/2015 PACIFIC GAS & ELECTRIC COMPANY CALPINE CORPORATION PO BOX , MC B9A 4160 DUBLIN BLVD., SUITE 100 SAN FRANCISCO, CA DUBLIN, CA MARK E. FULMER LEGAL DEPARTMENT MRW & ASSOCIATES, LLC CALIFORNIA ISO 1814 FRANKLIN STREET, SUITE OUTCROPPING WAY OAKLAND, CA FOLSOM, CA FOR: ALLIANCE FOR RETAIL ENERGY MARKETS (AREM) / DIRECT ACCESS CUSTOMER COALITION (DACC) KEVIN WOODRUFF WOODRUFF EXPERT SERVICES TH STREET, SUITE 514 SACRAMENTO, CA State Service DAVID PECK ERIC DUPRE CALIFORNIA PUBLIC UTILITIES COMMISSION CPUC, CA 00000, CA LILY CHOW MICHELE KITO REGULATORY ANALYST ENERGY CALIFORNIA PUBLIC UTILITIES COMMISSION CALIFORNIA PUBLIC UTILITIES COMMISSION, CA 00000, CA VALERIE KAO YULIYA SHMIDT SED CALIFORNIA PUBLIC UTILITIES COMMISSION CALIFORNIA PUBLIC UTILITIES COMMISSION, CA 00000, CA DIANA L. LEE JAIME ROSE GANNON LEGAL DIVISION PROCUREMENT STRATEGY AND OVERSIGHT BRANC ROOM 4107 AREA 4-A 505 VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA JAMES RALPH MARCELO POIRIER LEGAL DIVISION EXECUTIVE DIVISION AREA ROOM VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA MATT MILEY RACHEL MCMAHON

13 CPUC - Service Lists - A Page 5 of 5 5/1/2015 LEGAL DIVISION DEMAND RESPONSE, CUSTOMER GENERATION, AN ROOM 5135 AREA 505 VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA REGINA DEANGELIS TIM G. DREW DIVISION OF ADMINISTRATIVE LAW JUDGES ELECTRICITY PRICING AND CUSTOMER PROGRAM ROOM 5105 AREA 4-A 505 VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA YAKOV LASKO ZITA KLINE ELECTRICITY PLANNING & POLICY BRANCH ELECTRICITY PLANNING & POLICY BRANCH ROOM 4101 ROOM VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA TOP OF PAGE BACK TO INDEX OF SERVICE LISTS