The next Commission meeting is scheduled for 11/8/18.
OIR to continue implementation and administration and consider further development of the California RPS Program (R.18-07-003)
On 7/12/18 the Commission adopted an Order Instituting a rulemaking to continue implementation of the RPS program. The oversight anticipated in the rulemaking (a successor to R15-02-020) includes review of RPS procurement plans, providing tools for analysis of and reporting on progress of retail sellers and the RPS program as a whole, assessing retail sellers’ compliance with RPS obligations, integrating new legislative mandates and administrative requirements and further development of the program. Various parties filed comments on 8/13/18. On 9/12/18 the ALJ issued a ruling requesting comments on the energy division staff proposal on three components of the Least-Cost Best-Fit (LCBF) methodology: effective load carrying capability, time of delivery factors and project viability. Responses were due no later than 10/5/18 and replies were due no later than 10/15/18. A prehearing conference was held on 9/24/18. On 10/5/18 the ALJ issued a proposed decision implementing AB1923 provisions related to interconnection rules for the Bioenergy Feed-In Tariff under the RPS. Opening comments were due on 10/25/18. OIR to adopt rules and procedures governing Commissionregulated natural gas pipelines and facilities to reduce natural gas leakage consisted with SB1371 (R.15-01- 008) On 5/15/17 the Assigned Commissioner issued a proposed decision approving the Natural Gas Leak Abatement Program consistent with SB1371. Comments were due by 6/4/17. The decision (D.17-06-015) was signed by the Commission on 6/15/17. A workshop was held on 8/1/17 to discuss the development of a template for consistency in Best practices compliance plans that will be required as part of the gas safety plans commencing 3/15/18. On 7/21/17 the ALJ issued a ruling providing notice of a prehearing conference on 8/24/17 and directing joint pre-hearing conference statements. The purpose of the PHC was to discuss the scope and procedural schedule of the second phase of the proceeding. A joint prehearing conference statement was due by 8/18/17. (see email ruling correcting PHC date). Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 2 of 22 www.buchalter.com On 9/20/17 the Commissioner issued an amended scoping ruling. The second phase of the proceeding will focus on the following broad policy issues: 1) what data is necessary in order for the CPUC to consider a “cost-effectiveness” framework in this proceeding; 2) how should the CPUC’s annual report requirements and 26 best practices be harmonized with information or action required by other entities such as the PHMSA, DOGGR, ARB and local air quality management districts; 3) pursuant to 975(f) how should rules and procedures including best practices and repair standards developed in this proceeding be incorporated into the applicable general orders; 4) how should ratemaking treatment for LUAF be structured and evaluated? On 11/30/17 the ALJ issued a ruling entering the ARB and CPUC’s joint staff annual report on analysis of 6/16/17 Utilities’ reports into the record. Comments are requested on 1)whether the Joint staff annual report clearly illustrate the trends of findings based on CPUC/ARB staff’s analysis of the June 2017 reports, and 2) what are “lessons learned” from this reporting and analysis process that were not identified by staff. Comments were due by 12/12/17. A Phase II workshop is scheduled for 11/16/18. Notice OIR to Develop an Electricity Integrated Resource Planning Framework to Coordinate and Refine LongTerm Procurement Planning Requirements (R16-02-007) On 2/28/18 Friends of the Earth, NRDC, CURE and PG&E filed a joint petition for modification of D18-02-018 (the IRP decision). Decision 18-02-018 contains direction regarding the procurement of GHG free replacement resources in the event Diablo Canyon is retired earlier than 2024-2025, but does not address procurement direction for the planned retirement date. The joint parties have requested that the decision be modified to address this gap in direction. The IRP Modeling Advisory Group held a webinar on 3/29/18. On 4/3/18 the ALJ issued a ruling seeking comment on ghg emissions accounting methods and addressing updated ghg benchmarks. Comments on the ruling and new CCA 2030 load forecasts were due by 4/20/18. Reply comments on the GHG accounting and comments on the new CCA load forecasts were permitted no later than 4/30/18. On 5/14/18 the ALJ and assigned Commissioner issued an amended scoping memo and ruling. The scope of the remainder of the proceeding will be divided into three categories; 1. Items required in preparation for the filing of individual LSE IRPs; 2. Consideration of individual IRPs, leading to adoption of the Preferred System Plan; 3. Groundwork and preparation on policy issues for consideration in the 2019-2020 IRP Cycle. On 5/25/18 the ALJ issued a ruling finalizing ghg emissions accounting methods, load forecasts and ghg benchmarks for individual IRP filings and allowing entities to update their load forecasts and GHG benchmarks by accounting for new CCA load. After receiving motions from two entities to update their load forecasts (CleanPowerSF and Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 3 of 22 www.buchalter.com Los Angeles Community Choice Energy), on 6/18/18 the ALJ issued a ruling finalizing load forecasts and ghg benchmarks for individual IRP filings. On 6/28/18 Sonoma Clean Power Authority filed a motion requesting the issuance of a ruling confirming that certain information (including RA information) submitted by Sonoma Clean Power and all Community Choice Aggregation programs as part of the IRP process be submitted under seal. On 7/13/18 PG&E filed a motion for permission to file a late response and Sonoma Clean Power filed a motion and reply in response, the ALJ granted the motion of PG&E and allowed Sonoma Clean Power to reply. On 7/26/18 the ALJ granted in part and denied in part the motion of Sonoma Clean Power Authority. The ALJ granted the portion of the motion related to filing capacity pricing information under seal. A workshop was held on 7/13/18. On 8/23/18 the ALJ issued an email ruling confirming the deadline of 9/12/18 for comments on the Integrated Resource Plans. On 9/24/18 the ALJ issued a ruling seeking comment on production cost modeling used to support the IRP process. Comments were due by 10/10/18 and reply comments were due by 10/17/18. A workshop is scheduled for 10/31/18. Policies, Procedures and Rules for Regulation of Physical Security for the Electric Supply Facilities of Electrical Corporations (R15-06-009) On 3/10/17 the Assigned Commissioner issued a Phase 1 Scoping Memo and Ruling in this rulemaking regarding policies, procedures and rules for regulation of physical security for the electric supply facilities of electric corporations consistent with Public Utilities Code Section 364 and to establish standards for disaster and emergency preparedness plans for electrical corporations and regulated water companies pursuant to Public Utilities Code Section 768.6. Phase I of the proceeding will consider whether any new rules, standards or General Orders or modifications to other existing policies should apply to all electrical supply facilities within the jurisdiction of the Commission, including facilities owned by publicly owned utilities and rural electrical cooperatives. This phase will pertain to the requirements to address the physical security risks to the electrical supply facilities of electrical corporations and will address whether the Commission should go beyond the physical security regulations of NERC’s CIP-9- 014-2. A proposed decision in Phase I is anticipated in February 2018. Phase II will address emergency and disaster preparedness plans. A workshop was held on 5/2/17. On 7/12/17 the ALJ issued a ruling issuing combined workshop notes and request for straw proposals. Comments on Attachment A to the proceeding were due by 7/28/17, straw proposals were due by 8/11/17 and comments on the straw proposals were due by 8/25/17. On 8/31/17 Bear Valley Electric Service, SCE, CMUA, LADWP, Liberty CalPeco, National Rural Electric Cooperative Association, Pacificorp, PG&E, SMUD, and SDG&E filed a joint draft straw proposal. The Office of Ratepayer Advocates and the Safety and Enforcement Division filed Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 4 of 22 www.buchalter.com comments on 9/14/17. A workshop was held on 9/29/17 to review how SB699 informs the appropriate CPUC response and responsibility in addressing the physical security of California’s system and the joint-utility proposal. The Office of Ratepayer Advocates and the Safety and Enforcement Division filed comments on 9/14/17. On 1/3/18 the ALJ issued an email ruling allowing parties to file legal briefs concerning the Commission’s jurisdiction over publically owned electrical utilities and rural electric cooperatives. The scoping ruling in this proceeding asks the following question: “Should any new rules, standards, or General Orders or modifications to existing policies apply to all electrical supply facilities within the jurisdiction of the Commission, including publicly owned electrical utilities and rural electric cooperatives?” Legal briefs were due by 1/26/18. Reply briefs were due by 2/9/18. SMUD, LADWP, The National Rural Electric Cooperative Association and CMUA filed a reply brief. On 1/16/18 the ALJ issued a ruling allowing comments on the safety and enforcement division’s risk assessment and safety advisory section evaluation of the joint utility proposal and recommendations for consideration posted on 1/4/18. Comments were due by 2/2/18 and reply comments were due by 2/16/18. On 1/19/18 the ALJ issued a ruling setting the prehearing conference for Phase II of the proceeding for 3/15/18. The prehearing conference addressed the status, scope and schedule for Phase II along with any changes to the service list or procedural issues. Prehearing conference statements shall be limited to enumerated questions set forth in the ruling. These questions include the number and type of workshops; what elements should be included in the emergency and disaster preparedness plans; what new rules, standard, general orders, or modifications should the Commission consider to ensure that entities are in compliance with Public Utilities Code Section 768.6; should the new rules apply to publicly owned electrical utilities and rural electric cooperatives and should any rules be adopted to insure that cities and counties have an opportunity to participate in plan preparation. Prehearing conference statements were due by 3/1/18. On 5/31/18 the Assigned Commissioner released the Phase II Scoping Memo and Ruling. The scope includes issues related to disaster and emergency preparedness plans. Workshops will be held throughout the rest of 2018 and a proposed decision on phase 1 issues is anticipated for Summer 2019. On 8/31/18 the ALJ issued a ruling requiring parties to respond to questions set forth therein prior to the first workshop in Phase II of the proceeding. Responses were due by 9/14/18. Streamlining Interconnection of Distributed Energy Resources On 7/13/17 the Commission issued an order instituting the rulemaking to consider streamlining interconnection of distributed energy resources and improvements to rule 21. Various parties filed comments on 8/2/17, including CESA, Tesla, Chargepoint and CAISO. Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 5 of 22 www.buchalter.com and Improvements to Rule 21 (R17-07- 007) A pre-hearing conference was held on 9/13/17. Notice On 10/2/17 the Assigned Commissioner and the ALJ issued a scoping ruling in the proceeding. The ruling sets forth three phases. The first phase will deal with urgent issues, the second phase will deal with ratesetting issues requiring coordination with R1408013 and the third phase will deal with small and multi-jurisdictional utility rules. The schedule for the proceeding currently runs through 2020. On 2/14/18 the ALJ issued an email ruling amending the schedule and extending the deadlines for the working group 1 proposal and the working group 2 proposal. The ALJ also reassigned Issue 6 (development of forms and agreements to allow Distributed Energy Resources to fulfill Rule 21 requirements related to smart inverters) to working group 2. On 7/9/18 the Interstate Renewable Energy Council filed a motion to revise certain deadlines in the scoping ruling. On 8/15/18 the ALJ issued a ruling directing responses to attached questions on the Working Group One Report issued March 15, 2018 and granting in part the Interstate Renewable Energy Council motion to modify the schedule. Responses were due no later than 9/5/18 and reply comments were due 9/12/18. A workshop is scheduled for 11/7/18. Resource Adequacy, Consider Program Refinements and Establish Annual Local and Flexible Procurement Obligations for the 2019 and 2020 Compliance Years. (R17-09- 020) On 9/28/17 the commission opened a rulemaking to oversee the resource adequacy program, consider program refinements and establish annual local and flexible procurement obligations for the 2019 and 2020 compliance years. The proceeding is the successor to R14-10-010. Comments on preliminary matters pertaining to the scope, schedule, and administration of the proceedings were due 10/30/17 and reply comments were due 11/9/17. On 11/7/17 a working group meeting was held to discuss weather sensitive demand response, behind-the-meter resources and comments on the OIR. A prehearing conference was held on 12/4/17. Notice On 1/18/18 the Assigned Commissioner and ALJ issued a scoping memo and ruling. The proceedings will be divided into three separate tracks. Track 1 will consider system, local and flexible capacity requirements for the next year as well as time-sensitive refinements to the Commission’s RA program, including adoption of the 2019 Local Capacity Requirements, adoption of the 2019 Flexible Capacity Requirements, adoption of the 2019 System RA Requirements, and top priority modifications to the RA program. Track 2 will address less time sensitive topics, including adoption of multi-year local RA requirements, refinements to local area rules and RA program. Track 3 will consider the 2020 program year requirement and may revisit RA counting rules for weather-sensitive and local demand response resources. Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 6 of 22 www.buchalter.com Comments were due by 1/30/18 and proposals were due by 2/16/18. The proposals and comments were discussed at a 2-day workshop that was held at the CPUC on 2/22-23/18. Various parties filed comments on the proposals on 3/7/18 and reply comments on 3/16/18. On 3/22/18 the ALJ sent an email ruling stating that because the CAISO did not file its draft 2019 LCR report on 3/9/18 and anticipates that the report will not be available until 4/23/18 parties are not required to submit comments on 3/23/18 as originally scheduled. On 3/27/18 the ALJ and the Assigned Commissioner issued a joint ruling modifying the track 1 schedule. The revised due date for comments on the draft CAISO 2019 LCR and FCR reports was 5/4/18 and comments on the final report are due 5/18/18. On 5/2/18 the ALJ sent an email ruling changing the date for Track 2 opening testimony to 7/10/18. All other dates remain unchanged. On 5/22/18 the ALJ issued a proposed decision adopting local capacity obligations for 2019 and refining the resource adequacy PROGRAM. Opening comments were due 6/11/18. At the 6/21/18 Commission meeting the Commission approved a decision adopting local capacity requirements for 2019 applicable to Commission-jurisdictional electric load-serving entities, and sets forth a process for adoption of flexible capacity requirements for 2019. The decision also makes minor changes to the RA program and provides policy and procedural guidance for future tracks of the proceeding. The Commission also adopted flexible capacity requirements for 2019 applicable to Commission jurisdictional electric load-serving entities, superseding the previously adopted 2018 requirements. A workshop was held on 6/26/18 at the California Governor’s Office of Emergency Services in Mather, CA. A prehearing conference was held on 8/2/18. Parties have been instructed to be prepared to discuss the need for evidentiary hearings. Parties that believe such hearings are necessary were instructed to file their prehearing conference statements by 7/27/18. Notice. On 10/5/18 the ALJ issued a ruling requesting comments on the proposal of SCE on the issue of full versus residual resource procurement by a central buyer. Creation of a Shared Database or Statewide Census of Utility Poles and Conduit in California. (I17- 06-027) On 6/29/17 the Commission instituted an Order Instituting Investigation into the creation of a shared database or statewide census of utility poles and conduit in California (I17-06-027, R17-06-028 and R17-03-009 have been consolidated into this proceeding). A prehearing conference was held on 12/5/17. Ruling On 1/11/18 the Assigned Commissioner and ALJ issued a ruling requesting comments on the creation of a shared statewide database of utility pole and conduit information. Input is Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 7 of 22 www.buchalter.com requested on (1) whether a proposed listing of data fields is complete; (2)whether any information categories should be treated as confidential; (3) which data fields are most essential to accomplish the safety and goals of the OII and OIR; (4) whether each pole owner should be responsible for maintaining and providing access to its database, or whether a third party facilitator should be responsible for maintaining one global database; and (5) the manner in which the database should be shared. Comments were due by 2/8/18. On 1/16/18 the ALJ issued a ruling amending the 1/11/18 ruling and attaching the correct listing of proposed data fields. On 3/22/18 the ALJ issued a proposed decision amending the right of way rules to apply to wireless telecommunications facilities installed by competitive local exchange carriers, comments were due 4/11/18. The decision would amend the right of way rules to provide competitive local exchange carriers with expanded nondiscriminatory access to public utility infrastructure for the purpose of installing antennas and other wireless telecommunications facilities. The Commission is approved the final decision on 4/26/18. This decision closes this aspect of the proceeding; however, the investigation in I17-06-027 with which it was consolidated remains open. A public participation hearing before the ALJ and Commissioner and President Picker was held on 5/9/18 in San Bernardino, CA. The discussion focused on such topics as 1) history of poles; 2) issues related to poles (e.g. vegetation management and fires); and 3) Southern California fires. Notice A public participation hearing was held on 5/21/18 in San Jose, CA. Notice On 8/8/18 the Assigned Commissioner issued a scoping ruling. On 9/12/18 the ALJ revised the schedule in the scoping ruling. Ruling On 10/15/18 the ALJ issued a ruling inviting reply comments on the proposed Use Case Comments that were filed and served on 9/7/18. These reply comments are intended to be in lieu of the pre workshop comments that were previously ordered in the 9/12/18 ruling. The ALJ also revised the schedule. Successor to Existing Net Energy Metering Tariffs pursuant to PUC Section 2827.1 (R.14-07- 002) On 2/20/18 the ALJ issued a proposed decision adopting alternatives to promote solar distributed generation in disadvantaged communities. Opening comments were due by 3/12/18 and reply comments were due 3/19/18. Commissioner Guzman Aceves issued an alternate decision. An all-party meeting was held on 3/13/18 so that parties could make comments to Commissioner Guzman Aceves on the two alternate decisions. On 5/22/18 Commissioner Guzman Aceves issued a proposed revised alternate decision. Various parties subsequently filed comments. On 6/21/18 the Commission adopted the alternate decision.
On 3/29/18 the Assigned Commissioner issued the fourth amended scoping memo and ruling. The highest priority issues identified by the Commissioner include consumer protection and development of options for increasing use of renewable DG in disadvantaged communities. The ruling sets a deadline of 1/1/19 for the completion of the proceeding and states that it is the Commission’s intention to close this proceeding and initiate a successor proceeding not later than that date. On 6/27/18 ALJ Jessica Hecht was reassigned and is no longer the ALJ in the proceeding. ALJ McKenzie and ALJ Kao remain assigned to the proceeding. On 9/1/17 the California Solar and Storage Association filed a petition to modify D.14-05-033 to allow direct current coupled solar plus storage systems. Subsequently on 7/19/18 the ALJ issued a ruling requiring supplemental information regarding the petition. On 7/23/18 SDG&E filed an application for rehearing of decision 18-06-027. SDG&E seeks rehearing on two issues it alleges was improperly ignored by the Decision: 1) that the 20% rate discount provided to CARE customers violates statutory discount limits, and 2) program implementation conflicts with the installation of SDG&E’s replacement customer information system. On 8/13/18 the ALJ issued a proposed decision denying the petition for modification of D14- 05-033 regarding designation of small net energy metering-eligible facilities paired with energy storage. On 8/24/18 Commissioner Guzman Aceves issued a proposed decision adopting net energy metering consumer protection measures including solar information packet. Various parties filed comments on 9/13/18. The final decision D.18-09-044 was adopted on 10/5/18. On 9/7/18 the ALJ’s issued a proposed decision correcting and clarifying D.18-06-027. The final decision D.18-10-007 was adopted on 10/11/18. On 10/5/18 the ALJ issues a proposed decision granting a petition for modification of D.14- 05-033 regarding direct current-coupled solar plus storage system. Opening comments were due 10/25/18. Continued Implementation of the Public Utility Regulatory Policies Act and Related Matters (R.18-07-017) On 7/26/18 the Commission opened the rulemaking. The rulemaking is intended to consider adoption of a new standard offer contract that will be available to any Qualifying Facility of 20 MW or less seeking to sell electricity to a Commission-jurisdictional utility pursuant to PURPA. The rulemaking will also consider adoption of a price to be paid at the time of delivery where a QF has opted to sell as-available energy to the utility without a contract. A pre-hearing conference was held on 9/27/18. Notice A workshop was held on 10/18/18. Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 9 of 22 www.buchalter.com California Energy Commission Issue Latest Developments CEC Business Meeting The Commission held its regularly scheduled Business Meeting on 9/21/18 (Friday). Agenda; Backup Materials. The next regularly scheduled Business Meeting will be held 10/3/18. Agenda On 10/3/18 the Commission conducted a hearing during its regularly scheduled October business meeting to consider adopting the proposed update to the voluntary Building Energy Efficiency Standards, also published as CALGreen. Notice The Commission will hold its next regularly scheduled Business Meeting on 11/7/18. Agenda Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP) On 8/6/18 Janea Scott, Lead Commission on Transportation conducted a Fuels and Transportation Technology Merit Review workshop to highlight lessons learned from previous ARFVTP funding awards. Notice On 9/27/18 Commission staff will conduct a public workshop for the 2019 CALeVIP Projects Roadmap, a presentation of the plan to release four incentive projects in 2019 under the California Electric Vehicle Infrastructure Project (CALeVIP), which is funded by the Alternative and Renewable Fuel and Vehicle Technology Program (ARFVTP). Notice On 10/3/18 Commission staff will conduct a public workshop for the 2019 CALeVIP Projects Roadmap, a presentation of the plan to release four incentive projects in 2019 under the California Electric Vehicle Infrastructure Project (CALeVIP), which is funded by the ARFVTP. Notice On 10/29-30/18 staff from the Commission, CPUC, CARB, and California ISO will conduct a two-day workshop on the update to the California Vehicle-Grid Integration (VGI) Roadmap. The purpose of this workshop is to receive public input on specific Roadmap actions and priorities. Notice On 11/8/18 the Lead Commissioner for Transportation and staff will conduct a public meeting of the Advisory Committee for the ARFVTP. Energy Commission staff will present an overview of proposed allocations to be included in the staff draft of the 2019-2020 Investment Plan Update for the ARFVTP. Notice Disadvantaged Community Advisory Group On 10/30/18 the Disadvantaged Communities Advisory Group to the Commission and the CPUC will hold a meeting. Notice Efficiency On 9/21/18 the Commission conducted a hearing during its regularly scheduled September business meeting to consider adopting the proposed update to the voluntary Building Energy Efficiency Standards, also published as CALGreen. Notice Electric Program Investment Charge On 8/21/18 staff conducted a technical scoping workshop as part of the Governor’s Office of Planning and Research’s implementation of Assembly Bill 546 (Chiu, Chapter 380, Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 10 of 22 www.buchalter.com (Docket No. 17- EPIC-01) Statutes of 2017) and the development of guidebooks for energy storage implementation on the customer side of the utility meter. Notice On 11/5/18 Commission staff is holding a webinar to discuss developing a competitive Grant Funding Opportunity (GFO) through the Electric Program Investment Charge (EPIC) Program aimed at filling gaps in knowledge of fire science and applying that new knowledge to improve models to assess wildfire risk for electric grid operations and planning. Staff is seeking input from stakeholders on the proposed research approach, and particularly about the questions asked about the proposed research topics at the end of this document. Notice 2018 Integrated Research Policy Report Update (18- IEPR-01) On 8/2/18 the Commission conducted a workshop with the CPUC, the California Natural Resources Agency, the Governor’s Office of Planning and Research, and the Governor’s Office of Emergency Services to discuss changes in the risk of wildfire due to climate change in California and how the energy sector can prepare. Notice At the Business Meeting on 8/1/18 the Commission approved Volume I of the 2018 Integrated Energy Policy Report (IEPR) Update. The update summarizes California’s global leadership in climate policy, showing how the state’s comprehensive efforts are helping to reduce the impacts of climate change, promote energy resiliency, improve public health, and support disadvantaged and low-income communities, while fostering job development and a thriving economy. Press Release On 10/2/18 Commission staff conducted a webinar to solicit comments on proposed data collection and analyses for the 2019 Integrated Energy Policy Report (2019 IEPR) relating to electricity demand forecasts and resource plans. Notice Renewable Energy On 8/16/18 the Lead Commissioner conducted a workshop to seek comments from solar equipment installers, equipment manufacturers, solar and storage association representatives, staff from investor owned and publicly owned utilities and their associations, entrepreneurs, investors, and other program administrators on topics related to solar equipment. Notice On 10/3/18 Commission staff conducted a workshop to present information and receive comments on proposed changes to the Guidelines for California’s Solar Electric Incentive Programs (Senate Bill 1). Notice Renewables Portfolio Standard On 9/18/18 the Commission Committee assigned to conduct proceedings on the Complaint filed by Energy Commission Executive Director Drew Bohan against the Stockton Port District alleging noncompliance with the Renewables Portfolio Standard conducted a hearing. Notice Research On 7/25/18 staff conducted a workshop to seek input on potential research topics on wildfire related to ensuring grid resilience and public safety. Notice On 8/30/18 the Lead Commissioner for Research conducted a workshop on climate-related risk to California's energy system based on insights from California's Fourth Climate Change Assessment. Notice On 11/6/18 Commission staff will conduct a workshop to solicit input from stakeholders to help the Energy Commission’s Research and Development Division better identify future Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 11 of 22 www.buchalter.com research needs related to increasing energy storage in California and what future research areas would be the most effective in advancing energy storage technologies closer to successful commercial implementation. This workshop will be held during the Energy Storage North America (ESNA) Conference and Exhibition being held at the Pasadena Convention Center. Notice SB 350 On 8/29/18 the Commission, CARB, and the CPUC conducted a workshop to discuss implementation progress for the Low-Income Barriers Study, Part A: Overcoming Barriers to Energy Efficiency and Renewables for Low-income Customers and Small Business Contracting Opportunities in Disadvantaged Communities and Part B: Overcoming Barriers to Clean Transportation Access for Low-Income Residents (Final Guidance Document). Barriers reports were mandated by SB 350. Notice California Air Resources Board Issue Latest Developments Cap and Trade On 9/4/18 ARB posted formal rulemaking documents related to proposed amendments to the Cap and Trade Regulation. Comments were due on 10/22/18. The public hearing was postponed to 11/15/18. Notice Proposed Regulation Order Notice of Postponement GHG Reporting On 9/4/18 ARB posted formal rulemaking documents related to proposed amendments to the GHG Reporting Regulation. Comments were due on 10/22/18. The public hearing was postponed to 11/15/18. Notice Proposed Regulation Order Notice of Postponement Short Lived Climate Pollutants On 12/29/17 ARB posted a summary of policies to encourage dairy biomethane projects and other projects to reduce methane emissions. On 1/5/18 the three dairy subgroups provided an update to the agencies on their processes and recommendations they have formulated to date. Presentations - ARB; CDFA; CPUC; Subgroup 1; Subgroup 2; Subgroup 3 The Dairy and Livestock subgroups have several meeting scheduled for April. Subgroup 3 met on 4/2/18; Subgroup 2 met on 4/9/18 and Subgroup 1 met on 4/27/18. Meeting Notice The Dairy and Livestock subgroups will meet throughout May. Subgroup 3 met on 5/14/18; Subgroup 1 met on 5/21/18; and Subgroup 2 met on 5/23/18. Meeting Notice A joint subgroup meeting was held on 7/26/18 in Fresno. Meeting Notice The final Dairy and Livestock working group meeting will be held on 12/3/18 in Santa Rosa. Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 12 of 22 www.buchalter.com 2030 Scoping Plan On 11/30/17 ARB released the proposed final 2017 climate change scoping plan. On 12/14/17 the Board approved the scoping plan along with the finalized environmental documents. Meeting Notice Press Release Final Plan Low Carbon Fuel Standard The goal of the LCFS is to reduce carbon intensity of transportation fuel by at least 10% by 2020. On 2/20/18 ARB released the Draft Proposed Regulation Order and a Portion of Draft Staff Report. On 3/6/18 ARB released various models and calculators, including the OPGEE and CAGREET. In addition ARB issued the Initial Statement of Reasons and Proposed Regulation Order setting forth proposed amendments to the LCFS regulation and to the regulation on commercialization of alternative diesel fuels. A public hearing to consider the proposed amendments will be held on 4/27/18. Notice On 3/12/18 ARB updated and replaced Guidance 17-03 with Guidance 18-01 on Implementation Implications of a Modified Writ issued by the Superior Court of California, County of Fresno, On October 18, 2017 in the case of Poet, LLC et al. vs CARB et al. (No. 09 CECG 04659 JYH) on LCFS. On 5/9/18 ARB released the 2017 LCFS Compliance Information Credit Clearance Market Information. On 5/21/18 ARB posted for comment the draft calculation of 2017 Crude Average Carbon Intensity Value. Comments are due by 6/5/18. On 5/21/18 ARB posted the SB1383 Pilot Financial Mechanism White Paper. A public workshop to discuss proposed amendments to the LCFS and Alternative Diesel Fuels Regulations was held on 6/11/18. Meeting Notice Staff Presentation On 6/20/18 ARB posted proposed amendments to the LCFS regulation and to the regulation on commercialization of alternative diesel fuels. The deadline to submit comments was 7/5/18 at 5pm. A workshop to discuss the proposed amendments was held on 8/8/18. Notice On 8/13/18 various calculators where posted including the CA-GREET3.0 Model and Tier 1 Simplified Calculators, the Illustrative Compliance Scenario Calculator and the Hydrogen Station Capacity Evaluator (HySCapE). The Board also posted the Second Public Availability of Modified Text and Availability of Additional Documents and Information for the Proposed Amendments to LCFS and ADF Regulations. Comments were due by 8/30/18. A public hearing to consider amendments to the LCFS and ADF regulations was held on 9/27/18. Notice. Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 13 of 22 www.buchalter.com A work group meeting to discuss co-processing of low-carbon feedstocks in conventional petroleum refineries was held on 10/19/18. Notice This workshop relates to fuel pathway applications under the LCFS involving facilities that co-process both petroleum-derived and non-petroleum-derived feedstocks in the same units. Innovative Clean Transit Rules The key goals of this measure include 1. Support the near-term deployment of zeroemission buses where the economics are viable and where transit service can be maintained or expanded; 2. Secure binding commitments from the state’s transit providers for a longterm vision for transition to zero-emission technologies across all transit modes, and 3. Partner with transit agencies to pilot innovative approaches to improve access to transit systems with zero-emissions first- and last-mile solutions. On 12/15/17 a public workshop was held to discuss development of innovative clean transit. Presentation. The staff proposal on the ICT Rules includes achieving a zero emission transit system by 2040 and encouragement of early action with opportunities for funding. Rules would be applicable to all public transit agencies that own or operate buses with GVWR > 14,000 lbs. On 3/27/18 ARB issued updated numbers of battery and fuel cell electric buses of large California transit agencies. On 3/27/18 ARB issued an update on the Innovative Clean Transit Discussion Document. ARB requested additional comments and information in the areas of transit progress, role of incentives, overall cost, cutaways and non-standard buses, and regulatory assessments. A workshop was held on 6/13/18 to discuss the proposed Innovative Clean Transit regulation. Meeting Notice On 8/7/18 ARB posted the proposed regulation order and associated documents. A public hearing to discuss was held on 9/27/18. Notice of Public Hearing. Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 14 of 22 www.buchalter.com California Independent System Operator Issue Latest Developments Board of Governors Meeting The next scheduled Board meeting is 11/14-15/18. Schedule CAISO Stakeholder Initiatives Issue Latest Developments Flexible resource adequacy criteria and must offer obligations (FRACMOO) On 5/1/17 the CAISO posted the revised straw proposal. The CAISO held a stakeholder call on 5/8/17 to discuss the revised straw proposal. Comments were due by 5/22/17. Market Notice Presentation A Phase 2 Working Group call was held on 8/2/17. Market Notice. Comments were due by 8/18/17. Brattle Presentation A Phase 2 Working Group Meeting was held on 9/26/17. Market Notice; Presentation On 11/2/17 CAISO postponed the stakeholder meeting originally scheduled for 11/9/17 because more time is needed to analyze the data and publish the proposal. A stakeholder meeting was held on 11/29/17. Market Notice. On 11/21/17 CAISO posted the draft proposal. Comments were due by 12/13/17. Presentation On 1/31/18 CAISO posted the revised draft flexible capacity framework. A stakeholder meeting was held on 2/7/18 to discuss the revised draft flexible capacity framework in the FRAC-MOO Phase 2 initiative. Comments were due by 2/21/18. Market Notice Agenda and Presentation CAISO held a stakeholder meeting on 5/3/18 to discuss the second revised draft flexible capacity framework proposal. Comments were due by 5/17/18. Notice Presentation The Phase 2 Working Group met on 6/18/18. Agenda and Presentation On 7/30/18 CAISO announced that phase two of the initiative is delayed commensurate with a delay in the Day-Ahead Market Enhancement Initiative. The initiative is currently inactive. Energy Storage and Distributed Energy Resources A customer partnership group call was held on 12/13/17 to discuss implementation of demand response current changes associated with phase 2 of the proceeding. Questions and comments to be discussed during the call were due by 12/6/17. Market Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 15 of 22 www.buchalter.com Participation (Phases 2 and 3) Notice A workshop to discuss Phase 3 was held on 1/16/18. Market Notice Agenda Presentation On 2/15/18 CAISO posted the Phase 3 straw proposal. A workshop to discuss phase 3 was held on 2/21/18. Comments were due by 3/7/18. Market Notice A workshop to discuss Phase 2 was held on 2/27/18. Market Notice Presentation On 2/22/18 CAISO posted the Phase 3 straw proposal. A technical working group meeting was held on 3/29/18. Comments were due by 4/9/18. Market Notice. Agenda A customer partnership group call was held on 3/27/18 to discuss implantation of current Demand Response changes associated with Phase 2. Market Notice On 4/9/18 CAISO posted the revised draft tariff language for Phase 2. Comments were due by 4/16/18. Market Notice A customer partnership group call was held on 4/25/18 to discuss implementation of current demand response changes associated with phase 2. Questions and comments were due in advance of the call by 4/18/18. Market Notice Presentation On 4/30/18 CAISO posted the Phase 3 revised straw proposal. A call to discuss was held on 5/10/18. Comments are due by 5/21/18. Market Notice A customer partnership group call was held on 6/1/18 to discuss implementation of current DR changes associated with phase 2 of the proceeding. Market Notice A public stakeholder working group call was held on 6/5/18 to discuss the phase 3 revised straw proposal. Written comments were due by 6/15/18. Market Notice. A meeting was held on 6/25/18 to discuss additional changes to the revised straw proposal for Phase 3. Agenda and Presentation. Comments are due by 7/3/18. On 7/2/18 the Phase 2 implementation customer partnership group held a call to discuss current changes related to this initiatives’ implementation. Market Notice A meeting was held on 7/16/18 to discuss the Draft Final Proposal for Phase 3. Comments are due by 7/27/18. Market Notice Presentation A call was held on 7/24/18 to discuss implementation of current Demand Response changes associated with Phase 2. Questions and comments were due by 7/17/18. Market Notice Presentation On 7/26/18 the CAISO posted a revised draft final proposal for phase 3. Market Notice A customer partnership group call was held on 8/14/18 to discuss implementation of current Demand Response changes associated with Phase 2. Comments were due by 8/7/18. Market Notice On 8/17/18 CAISO filed the proposed tariff amendment for Phase 2 at FERC in docket ER18-2242 and requested an effective date of 11/1/18. On 10/24/18 FERC accepted for filing CAISO’s tariff amendment. Transmission Access Charge Options for Integrating New Participating CAISO held a stakeholder meeting in Folsom on 12/13/16 to review the draft final proposal for the TAC Options Initiative. On 12/6/16, CAISO posted the draft final proposal. Market Notice Presentation. The comment deadline ended on 1/11/17. On 12/20/16, CAISO posted an addendum to the draft regional framework proposal. The addendum is intended to provide clarifications in light of questions raised at the Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 16 of 22 www.buchalter.com Transmission Owners. 12/13/16 workshop. Comments were due by 1/11/17. Market Notice On 3/2/17 CAISO posted a summary of stakeholder comments and the CAISO’s responses. Summary Regional Resource Adequacy On 12/1/16, CAISO posted a Regional Framework Proposal. A meeting was held on 12/8/16 to review the draft final proposal. Market N Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 17 of 22 www.buchalter.com On 10/18/17 CAISO announced that the straw proposal had been postponed. On 1/11/18 CAISO posted the Straw Proposal. A meeting to discuss was held on 1/18/18. Comments were due by 2/15/18. Market Notice A meeting was held on 4/11/18 to discuss the revised straw proposal. Comments on the proposal were due by 4/25/18. Market Notice Presentation. On 6/22/18 CAISO issued a second revised straw proposal. A meeting to discuss was held on 6/28/18. Market Notice Presentation A meeting was held on 9/24/18 to discuss the draft final proposal. Written comments were due by 10/9/18. Market Notice Imbalance Conformance Enhancements On 11/29/17 CAISO announced a new initiative Imbalance Conformance Enhancements. An issue paper and straw proposal was posted and a call to discuss was held on 12/8/17. Market Notice. Presentation Issue Paper and Straw Proposal The scope of the initiative it so clarify the CAISO’s authority to conform for imbalance in both real time and the day ahead. The initiative will also propose enhancements for the conformance limiter to ensure price spikes do not result. Comments were due by 12/20/17. On 1/30/18 CAISO posted the Draft Final Proposal. A call to discuss was held on 2/6/18. Market Notice Agenda and Presentation On 3/14/18 CAISO posted the Updated Draft Final Proposal. Market Notice. Comments were due by 3/21/18. On 7/10/18 CAISO posted the Business Requirement Specifications for implementation of the initiative. On 8/10/18 CAISO posted the Draft Tariff Language. Comments were due by 8/24/18. A call to discuss was held on 8/31/18. Market Notice Reliability Coordinator On 1/2/18 CAISO announced that it would become its own Reliability Coordinator and offer these services to other balancing authorities and transmission operators in the western US. These services include outage coordination, day-ahead planning and realtime monitoring for reliability. In order to accomplish this task, CAISO gave notice of withdrawal to its current reliability coordinator Peak Reliability. CAISO also provided withdrawal to the agencies funding the agreement with Peak Reliability, including, but not limited to, BANC, WAPA, LADWP, APS, BPA, IID, MID, PacifiCorp, SMUD, Salt River Project, and TID. An informational call was held on 1/4/18 and public meetings in Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 18 of 22 www.buchalter.com Folsom, Portland and Phoenix on 1/17/18, 1/18/18 and 1/19/18 respectively. Market Notice On 3/13/18 CAISO launched its Reliability Coordinator Services Rates, Terms and Conditions initiative. A stakeholder meeting was held 4/12/18 to discuss the straw proposal. Revised Market Notice Presentation. The comment deadline was extended to 5/4/18. Market Notice On 6/20/18 CAISO issued a draft final proposal. A meeting to discuss was held on 6/27/18. Market Notice Presentation On 7/18/18 CAISO posted the draft tariff language and the draft reliability coordinator services agreement. A web conference to discuss was held on 7/27/18. Market Notice. Comments were due by 8/10/18. An additional call was held on 8/20/18. Market Notice On 8/31/18 CAISO filed the tariff amendment at FERC (ER18-2366). Interconnection Process Enhancements 2018 On 1/4/18 CAISO launched a new initiative, Interconnection Process Enhancements 2018. On 1/17/18 the CAISO posted the issue paper. A stakeholder meeting was held on 1/24/18. Comments were due by 2/7/18. The initiative will evaluate potential changes to enhance the CAISO generator interconnection procedures and agreements. Market Notice Topics fall into six broad categories, 1. Deliverability; 2. Energy Storage; 3. Generator Interconnection Agreements; 4. Interconnection Financial Security and Cost Responsibility; 5. Interconnection Requests; and 6. Modifications. Presentation On 5/9/18 CAISO posted the Straw Proposal. A meeting to discuss was held on 5/21/18. Market Notice A call was held on 7/17/18 to discuss the revised straw proposal. Comments were due by 7/31/18. Market Notice On 9/4/18 CAISO posted the Draft Final Proposal. CAISO held meetings on 9/17/18 and 9/18/18 to discuss the draft final proposal. On 9/19/18 CAISO posted revised draft tariff language. Written comments were due by 9/24/18. Market Notice On 9/27/18 FERC filed the Tariff Amendment at FERC in docket ER18-2498. Day-Ahead Market Enhancements On 2/8/18 CAISO launched a new initiative, Day-Ahead Market Enhancements. This initiative will address ramping and uncertainty previously left to be resolved by the realtime market. A stakeholder meeting was held on 3/7/18 to discuss the issue paper and straw proposal. Enhancements to be considered include combining the Integrated Forward Market with the Residual Unit Commitment process, changing the day-ahead scheduling granularity from hourly to 15-minute and adding an imbalance reserve product. At the kickoff meeting, CAISO discussed additional design elements. Market Notice. On 2/28/18 CAISO posted the issue paper/straw proposal. Comments on the Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 19 of 22 www.buchalter.com issue paper were due by 3/21/18. Presentation. On 4/13/18 CAISO posted the revised straw proposal. A meeting to discuss was held on 4/18/18. Market Notice Presentation A meeting was held on 6/19/18 to discuss updates to the revised straw proposal. Presentation A meeting to discuss flexible ramping product requirements was held on 7/2/18. Presentation Design Elements Matrix On 8/2/18 CAISO released a market notice update notifying stakeholders that the CAISO is separating the topics currently being examined in the initiative into two initiatives. The first initiative will address necessary policy changes to move from hourly to 15-minute scheduling granularity. The second initiative will discuss combing the IFM and RUC process into a single optimization, the day-ahead flexible ramping product and reserve deliverability. Market Notice On 8/27/18 CAISO posted the second revised straw proposal – day-ahead market enhancements Phase 1 – 15 minute granularity. A call to discuss was held on 9/4/18. Market Notice Presentation. On 9/26/18 CAISO announced that the Draft Final Proposal has been postponed until it has completed internal assessments on the technical feasibility of changing day-ahead market scheduling from hourly to 15-minute granularity. Market Notice Excess Behind the Meter Production On 9/11/18 CAISO posted the Straw Proposal in the Excess behind the meter production initiative. A call to discuss was held on 9/12/18. Federal Energy Regulatory Commission Issue Latest Developments Large Generator Interconnection Reforms NOPR RM17-8-000 On 12/15/16 FERC proposed reforms to its large generator interconnection processes aimed at improving the efficiency of processing interconnection requests, removing barriers to needed resource development, and assuring continued reliability of the grid. The NOPR revises regulations, the pro forma Large Generator Interconnection Procedures and the pro forma LGIA. While the NOPR applies to large generating facilities (>20MW), the NOPR does seek comment on whether any of the proposed changes should be applied to small generating facilities. News Release NOPR. Comments were due 60 days after publication in the Federal Register. On 2/23/17, the Commission extended the comment deadline to 4/13/17. On 4/28/17 MID filed an answer. Prepared by California Regulatory Happenings for the Week of October 22, 2018 Buchalter Regulatory Happenings Weekly Report: Page 20 of 22 www.buchalter.com On 7/3/17 Sunflower Electric Power Corporation Mid-Kansas Electric Company requested leave to submit out of time comments. On 7/20/17 Renewable Energy Systems Americas, Inc. submitted a motion to intervene out of time. FERC convened a technical conference on April 3rd and 4th to discuss issues related to the coordination of Affected Systems raised in the complaint filed by EDF Renewable Energy against MISO, Southwest Power pool and PJM and this Notice of Proposed Rulemaking. On 4/19/18 the Commission issued a final rule, Order 845. The final rule amends the pro forma Large Generator Interconnection Procedures and the pro forma Large Generator Interconnection Agreement. The rule will become effective 75 days after publication in the Federal Register. On 5/17/18 various parties submitted motions (and subsequently comments in support) requesting an extension of the time period to comply with Order 845. On 6/1/18 FERC granted the extension to 11/5/18. On 10/3/18 the Commission delayed the compliance filing deadline to 90 days after the Commission’s issuance of an order addressing the pending requests for rehearing of Order 845. Grid Reliability and Resilience Pricing (AD18-7) On 1/8/18 FERC initiated this proceeding after terminating RM18-1, a rulemaking tasked with evaluating the DOE pricing proposal. This proceeding will holistically examine the resiliency of the market and asks RTOs and ISOs to provide information on whether the Commission needs to act regarding resiliency. RTOs filed comments on 3/9/18, including CAISO. On 3/14/18 various energy industry associations filed a joint motion for a 30-day extension of time to file reply comments. On 3/20/18 FERC extended the deadline to submit reply comments to 5/9/18.