BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Transcription

1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Southern California Edison Company (U 338-E) for Approval of Demand Response Programs, Goals and Budgets For Years And Related Applications. Application (Filed June 2, 2008) Application Application JOINT MOTION OF SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E) AND ENERGY CURTAILMENT SPECIALISTS, INC. TO WITHDRAW THEIR DEMAND RESPONSE RESOURCE PURCHASE AGREEMENT FROM CONSIDERATION GLENN E. SMITH President & CEO ENERGY CURTAILMENT SPECIALISTS, INC. JENNIFER T. SHIGEKAWA JANET S. COMBS Attorneys for SOUTHERN CALIFORNIA EDISON COMPANY 4455 Genesee Street, Bldg. # Walnut Grove Avenue Buffalo, NY Post Office Box 800, Rosemead, California Telephone: (716) Telephone: (626) Facsimile: (626) Dated: April 17, 2009 LAW #

2 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Application of Southern California Edison Company (U 338-E) for Approval of Demand Response Programs, Goals and Budgets For Years And Related Applications. Application (Filed June 2, 2008) Application Application JOINT MOTION OF SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E) AND ENERGY CURTAILMENT SPECIALISTS, INC. TO WITHDRAW THEIR DEMAND RESPONSE RESOURCE PURCHASE AGREEMENT FROM CONSIDERATION I. INTRODUCTION Pursuant to Rule 11.1 of the California Public Utilities Commission s Rules of Practice and Procedure, Southern California Edison Company (SCE) and Energy Curtailment Specialists, Inc. (ECS) respectfully file this joint motion to withdraw their Demand Response Resource Purchase Agreement from consideration in this proceeding. The reasons for the withdrawal are discussed below. II. BACKGROUND On June 2, 2008, as part of SCE s application (A ) in this proceeding, SCE submitted for Commission approval the Demand Response Resource Purchase Agreement (the ECS Contract) between SCE and ECS, dated May 30, The ECS Contract was submitted as part of a portfolio of four bilateral DR contracts, including the SCE EnerNOC, Inc. Contract - 1 -

3 (the EnerNOC Contract), the SCE Alternative Energy Resources, Inc. (AER) Contract (the AER Contract), and the SCE EnergyConnect, Inc. (ECI) Contract (the ECI Contract). The Division of Ratepayer Advocates (DRA) in its protest of SCE s application and in its testimony opposed approval of all four DR contracts submitted by SCE on cost effectiveness grounds, primarily. DRA recommended rejection of the DR contracts, or alternatively amendments to their pricing and technical potential provisions. 1 SCE, AER and EnerNOC opposed DRA s recommendations in their rebuttal testimonies. 2 AER, EnerNOC and ECI, as part of the California Demand Response Coalition (CDRC), also raised issues over the baseline and dual participation provisions of the DR contracts in their opening testimonies. 3 ECS did not serve any testimony. 4 Eventually, the disputes between SCE, DRA, EnerNOC and AER over the pricing, technical potential, dual participation and baseline provisions of the EnerNOC and AER Contracts were resolved in a settlement that was filed on February 18, The settlement included adjusted capacity pricing, as well as modified provisions for measuring capacity during non-event months, dual participation and baseline calculation for the AER and EnerNOC Contracts. ECI participated in the settlement discussions but did not settle its disputes and allowed its contract to terminate under its own terms on February 28, ECS did not participate in the settlement discussions. ECS in its opposition to the settlement filed March 25, 2009 argued that it was not provided an adequate opportunity to participate in the settlement, and requested that SCE and DRA be directed to continue settlement discussions with ECS and/or that the 1 See Exhibit C See Exhibits 7, 703, See Exhibits 701, 702, ECS requested party status on February 11, 2009, the date on which reply briefs were due, and filed a reply brief. See ECS s Motion for Party Status and ECS s Reply Brief, filed on February 11, See Joint Motion of DRA, SCE, EnerNOC and AER for Adoption of Settlement Agreement, filed February 18, See SCE s March 3, 2009 letter to ALJ Hecht regarding the status of SCE s DR contracts, sent via and served on parties to this proceeding on March 3,

4 Commission revise the ECS Contract to include the modified provisions for dual participation and baseline calculation recommended in the settlement for the AER and EnerNOC Contracts. 7 SCE opposed ECS s requests in its April 7, 2009 reply, and suggested that: To the extent ECS wants to bargain for additional provisions, then ECS can request a renegotiation of its contract, in which case ECS and SCE can start their bilateral negotiations anew. Otherwise, ECS s DR contract should be approved as negotiated by SCE and ECS, and as submitted by SCE for approval in this proceeding, for the reasons set forth in SCE s Opening and Reply briefs in this proceeding. 8 DRA also opposed ECS s requests in its April 9, 2009 reply, and continued to advocate for the rejection of the ECS Contract. 9 Subsequently, ECS and SCE have had communications regarding the issues raised in their recent filings with the Commission, and as discussed below, have determined that it would be reasonable to pursue a renegotiation of the terms of the ECS Contract. III. WITHDRAWAL IS REASONABLE TO ALLOW SCE AND ECS THE OPPORTUNITY TO RENEGOTIATE PRICING, TECHNICAL POTENTIAL, DUAL PARTICIPATION, BASELINE AND OTHER CONTRACT PROVISIONS In consideration of the concerns raised in ECS s opposition to the settlement and the concerns regarding the cost effectiveness of the ECS Contract, SCE and ECS believe that a renegotiation of the ECS Contract would provide a reasonable opportunity for the parties to bargain for additional or modified terms that could provide additional ratepayer value. To the extent the renegotiation is successful, SCE and ECS would seek Commission approval of an amended ECS Contract in a separate application with a new showing of reasonableness. To the extent the renegotiation is not successful, the ECS Contract will expire under its own terms on June 30, See generally ECS s Comments on Joint Motion for Adoption of Settlement, filed March 25, SCE s Reply to ECS s Comments on the Settlement, filed April 7, 2009, at p See generally DRA s Reply to ECS s Comments on the Settlement, filed April 9,

5 To allow a reasonable opportunity for renegotiation, SCE and ECS wish to withdraw the ECS Contract from consideration in this proceeding. Given the ongoing concerns with the ECS Contract, it is reasonable to grant the withdrawal of ECS Contract prior to its submission to the Commission for decision. SCE and ECS ask that no prejudice be assigned to the ECS Contract as a result of its withdrawal from consideration in this proceeding. IV. CONCLUSION For the foregoing reasons, SCE and ECS respectfully request that this motion be granted, permitting the withdrawal, without prejudice, of the ECS Contract from consideration in this proceeding. ECS has authorized SCE to sign this motion on its behalf. Respectfully submitted, JENNIFER T. SHIGEKAWA JANET S. COMBS /s/ Janet S. Combs By: Janet S. Combs Attorneys for SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California Telephone: (626) Facsimile: (626) janet.combs@sce.com On behalf of SOUTHERN CALIFORNIA EDISON COMPANY and ENERGY CURTAILMENT SPECIALISTS, INC. April 17,

6 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 JOINT MOTION OF SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E) AND ENERGY CURTAILMENT SPECIALISTS, INC. TO WITHDRAW THEIR DEMAND RESPONSE RESOURCE PURCHASE AGREEMENT FROM CONSIDERATION on all parties identified on the attached service list(s). Service was effected by one or more means indicated below: Transmitting the copies via to all parties who have provided an address. First class mail will be used if electronic service cannot be effectuated. Executed this 17th day of April, 2009, at Rosemead, California. /s/ Meraj Rizvi Meraj Rizvi Project Analyst SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California 91770

7 CPUC - Service Lists - A Page 1 of 5 4/17/2009 CPUC Home CALIFORNIA PUBLIC UTILITIES COMMISSION Service Lists PROCEEDING: A EDISON - FOR APPROVA FILER: SOUTHERN CALIFORNIA EDISON COMPANY (U338E) LIST NAME: LIST LAST CHANGED: APRIL 3, 2009 DOWNLOAD THE COMMA-DELIMITED FILE ABOUT COMMA-DELIMITED FILES Back to Service Lists Index Parties GLEN SMITH STEVEN D. PATRICK PRESIDENT AND CEO ENERGY CURTAILMENT SPECIALISTS SOUTHERN CALIFORNIA GAS COMPANY 4455 GENESEE STREET 555 WEST FIFTH STREET, GT14E7 BUFFALO, NY LOS ANGELES, CA FOR: ENERGY CURTAILMENT SPECIALISTS, FOR: SOUTHERN CALIFORNIA GAS COMPANY INC. DANIEL W. DOUGLASS JANET COMBS DOUGLASS & LIDDELL ATTORNEY OXNARD STREET, SUITE 1030 SOUTHERN CALIFORNIA EDISON WOODLAND HILLS, CA WALNUT GROVE AVENUE FOR: ALLIANCE FOR RETAIL ENERGY MARKETS ROSEMEAD, CA FOR: SOUTHERN CALIFORNIA EDISON DONALD C. LIDDELL DOUGLAS A. AMES TRANSPHASE COMPANY DOUGLASS & LIDDELL 4971 LOS PATOS AVE ND AVENUE HUNTINGTON BEACH, CA SAN DIEGO, CA FOR: TRANSPHASE COMPANY FOR: ICE ENERGY, INC., KINDER MORGAN ENERGY PARTNERS, L.P. PETER MALTBECK MARCEL HAWIGER CPOWER, INC. STAFF ATTORNEY 1185 ELENA PRIVADA THE UTILITY REFORM NETWORK MOUNTAIN VIEW, CA VAN NESS AVENUE, SUITE 350 FOR: CP POWER, INC. SAN FRANCISCO, CA FOR: THE UTILITY REFORM NETWORK LISA-MARIE SALVACION MARY A. GANDESBERY

8 CPUC - Service Lists - A Page 2 of 5 4/17/2009 LEGAL DIVISION PACIFIC GAS AND ELECTRIC COMPANY ROOM BEALE STREET 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA FOR: PACIFIC GAS AND ELECTRIC COMPANY FOR: DIVISION OF RATEPAYER ADVOCATES EDWARD G. POOLE BRIAN T. CRAGG ANDERSON & POOLE 601 CALIFORNIA STREET, SUITE 1300 GOODIN, MACBRIDE, SQUERI, DAY & LAMPREY SAN FRANCISCO, CA SANSOME STREET, SUITE 900 FOR: SAN FRANCISCO COMMUNITY POWER SAN FRANCISCO, CA FOR: NORTH AMERICAN POWER PARTNERS, LLC SALLE YOO SARA STECK MYERS DAVIS WRIGHT TREMAINE LLP 505 MONTGOMERY STREET, SUITE TH AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA FOR: CALIFORNIA DEMAND RESPONSE FOR: ENRNOC, INC. WILLIAM H. BOOTH ERIC WOYCHIK V.P. REGULARORY AFFAIRS LAW OFFICE OF WILLIAM H. BOOTH COMVERGE, INC. 67 CARR DRIVE 9901 CALODEN LANE, STE 1 MORAGA, CA OAKLAND, CA FOR: CLECA FOR: COMVERGE, INC. RICH QUATTRINI BALDASSARO DI CAPO VICE PRESIDENT - WESTERN REGION COUNSEL ENERGYCONNECT, INC. CALIFORNIA INDEPENDENT SYSTEM OPERATOR 51 E. CAMPBELL AVENUE, SUITE BLUE RAVINE ROAD CAMPBELL, CA FOLSOM, CA FOR: ENERGYCONNECT, INC. FOR: CALIFORNIA INDEPENDENT SYSTEM OPERATOR MELANIE GILLETTE CAROLYN KEHREIN SR MGR WESTERN REG. AFFAIRS ENERGY MANAGEMENT SERVICES ENERNOC, INC CELEBRATION WAY 115 HAZELMERE DRIVE WOODLAND, CA FOLSOM, CA FOR: ENERGY USERS FORUM FOR: ENERNOC, INC. Information Only B.MARIE PIENIAZEK DARA BILTEKOFF CPOWER, INC. CORPORATE COUNSEL 17 STATE STREET ENERGY CURTAILMENT SPECIALISTS NEW YORK, NY GENESEE STREET BUFFALO, NY DENISE SERIO PAUL TYNO ENERGY CURTAILMENT SPECIALISTS, INC. EXE. V-PRES OF PROG. DEVELOPMENT 4455 GENESEE STREET, BLDG. 6 ENERGY CURTAILMENT SPECIALISTS NEW YORK, NY GENESEE STREET BUFFALO, NY PAM MELTON KEVIN J. SIMONSEN ENERGY CONNECT, INC. ENERGY MANAGEMENT SERVICES 4141 N. HENDERSON RD., NO EAST THIRD AVENUE ARLINGTON, VA DURANGO, CO DAVID NEMTZOW NEMTZOW & ASSOCIATES GREGORY KLATT

9 CPUC - Service Lists - A Page 3 of 5 4/17/ TH STREET, NO. 6 DOUGLASS & LIDDELL SANTA MONICA, CA OXNARD STREET, SUITE 1030 WOODLAND HILLS, CA CASE ADMINISTRATION JENNIFER TSAO SHIGEKAWA 2244 WALNUT GROVE AVENUE ROSEMEAD, CA SOUTHERN CALIFORNIA EDISON COMPANY 2244 WALNUT GROVE AVENUE ROSEMEAD, CA JOY C. YAMAGATA LESLIE WILLOUGHBY REGULATORY MANAGER SAN DIEGO GAS AND ELECTRIC COMPANY SAN DIEGO GAS & ELECTRIC COMPANY 8330 CENTURY PARK COURT, CP42F 8330 CENTURY PARK COURT, CP 32 D SAN DIEGO, CA SAN DIEGO, CA FOR: SAN DIEGO GAS & ELECTRIC COMPANY LINDA WRAZEN NANCY PRIVITT SAN DIEGO GAS & ELECTRIC COMPANY SDG&E 8330 CENTURY PARK COURT, CP32D 8306 CENTURY PARK COURT, CP42K SAN DIEGO, CA SAN DIEGO, CA JERRY MELCHER JOEL M. HVIDSTEN ENERNEX KINDER MORGAN ENERGY FORECASTER 4623 TORREY CIRCLE, APT Q TOWN & COUNTRY ROAD, SUITE 700 SAN DIEGO, CA ORANGE, CA SHAWN COX MONA TIERNEY-LLOYD KINDER MORGAN ENERGY FORECASTER SENIOR MANAGER WESTERN REG. AFFAIRS 1100 TOWN & COUNTRY ROAD, SUITE 700 ENERNOC, INC. ORANGE, CA PO BOX 378 CAYUCOS, CA PAUL KERKORIAN JACK ELLIS UTILITY COST MANAGEMENT LLC PRINCIPAL CONSULTANT 6475 N. PALM AVENUE, SUITE 105 RESERO CONSULTING FRESNO, CA RAQUEL COURT LOS ALTOS, CA THERESA BURKE HELEN ARRICK REGULATORY AFFAIRS ANALYST BUSINESS ENERGY COALITION SAN FRANCISCO PUC 77 BEALE STREET, RM 1848E 1155 MARKET STREET, 4TH FLOOR SAN FRANCISCO, CA SAN FRANCISO, CA JOSEPHINE WU RICHARD H. COUNIHAN PACIFIC GAS AND ELECTRIC COMPANY VICE PRESIDENT REG. AFFAIRS 77 BEALE STREET, MC B9A ENERNOC, INC. SAN FRANCISCO, CA HOWARD STREET, STE. 400 SAN FRANCISCO, CA STEVE HAERTLE STEVEN MOSS PACIFIC GAS AND ELECTRIC COMPANY SAN FRANCISCO COMMUNITY POWER 77 BEALE STREET, MC B9A 2325 THIRD STREET, STE 344 SAN FRANCISCO, CA SAN FRANCISCO, CA FOR: PACIFIC GAS AND ELECTRIC COMPANY VIDHYA PRABHAKARAN JUDY PAU GOODIN MACBRIDE SQUERI DAY & LAMPREY LLP DAVIS WRIGHT TREMAINE LLP 505 SANSOME STREET, SUITE MONTGOMERY STREET, SUITE 800 SAN FRANCISCO, CA SAN FRANCISCO, CA CALIFORNIA ENERGY MARKETS SHIRLEY A. WOO 425 DIVISADERO ST. SUITE 303 LAW DEPARTMENT

10 CPUC - Service Lists - A Page 4 of 5 4/17/2009 SAN FRANCISCO, CA PACIFIC GAS AND ELECTRIC COMPANY PO BOX 7442 SAN FRANCISCO, CA CASE COORDINATION AVIS KOWALWESKI PACIFIC GAS AND ELECTRIC COMPANY CALPINE CORPORATION PO BOX ; MC B9A PO BOX SAN FRANCISCO, CA PLEASANTON, CA MRW & ASSOCIATES, INC. MRW & ASSOCIATES, INC FRANKLIN STREET, STE FRANKLIN STREET, STE 720 OAKLAND, CA OAKLAND, CA DOCKET COORDINATOR CARLOS LAMAS-BABBINI 5727 KEITH ST. 58 MT TALLAC CT OAKLAND, CA SAN RAFAEL, CA THOMAS S. KIMBALL JOY A. WARREN MODESTO IRRIGATION DISTRICT REGULATORY ADMINISTRATOR TH STREET MODESTO IRRIGATION DISTRICT MODESTO, CA TH STREET MODESTO, CA BARBARA R. BARKOVICH GAYATRI SCHILBERG BARKOVICH & YAP, INC. JBS ENERGY ROSEWOOD TERRACE 311 D STREET, SUITE A MENDOCINO, CA WEST SACRAMENTO, CA JEFF NAHIGIAN JOHN GOODIN JBS ENERGY, INC. CALIFORNIA ISO 311 D STREET 151 BLUE RAVINE RD. WEST SACRAMENTO, CA FOLSOM, CA ROBERT EMMERT LEGAL & REGULATORY DEPARTMENT CAISO CALIFORNIA ISO 151 BLUE RAVINE RD. 151 BLUE RAVINE ROAD FOLSOM, CA FOLSOM, CA FOR: CALIFORNIA ISO ROBERT M. BREMAULT LON W. HOUSE, PH.D AXIS RESOURCE LLC WEC 1901 PLACER GOLD COURT 4901 FLYING C RD. GOLD RIVER, CA CAMERON PARK, CA JAMES R. METTLING RONALD LIEBERT BLUE POINT ENERGY 1190 SUNCAST LANE, STE 2 CALIFORNIA FARM BUREAU FEDERATION EL DORADO HILLS, CA RIVER PLAZA DRIVE SACRAMENTO, CA BENJAMIN SCHUMAN TYLER J. BERGAN PACIFIC CREST SECURITIES POWERIT SOLUTIONS 111 SW 5TH AVE, 42ND FLR 114 ALASKAN WAY SOUTH 201 PORTLAND, OR SEATTLE, WA State Service ALOKE GUPTA ANDREW CAMPBELL EXECUTIVE DIVISION AREA 4-A ROOM 5203

11 CPUC - Service Lists - A Page 5 of 5 4/17/ VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA BRUCE KANESHIRO DAVID PECK ELECTRICITY PLANNING & POLICY BRANCH AREA 4-A ROOM VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA DORRIS LAM HAZLYN FORTUNE AREA 4-A AREA 4-A 505 VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA JENNIFER CARON JESSICA T. HECHT DIVISION OF ADMINISTRATIVE LAW JUDGES AREA 4-A ROOM VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA JOY MORGENSTERN SUDHEER GOKHALE ELECTRICITY PLANNING & POLICY BRANCH AREA 4-A ROOM VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA YULIYA SHMIDT ENERGY PRICING AND CUSTOMER PROGRAMS BRA ROOM VAN NESS AVENUE SAN FRANCISCO, CA TOP OF PAGE BACK TO INDEX OF SERVICE LISTS