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Selected Commission Decisions on Non-Utility Generation (1982-1995)

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Copies of CPUC QF-related decisions are available from the CPUC at a cost of 20 cents/page by calling the Central Files office of the Commission at 415-703-2045. The mail address is 505 Van Ness Avenue, San Francisco, California 94102.

  1. Alternative Generation Pricing Decisions (A.82-04-44 et al)
  2. Biennial Resource Plan Update (BRPU) Decisions (I.89-07-004)
  3. Electricity Transmission Services for Non-Utility Power Producers Decisions I.90-09-050
  4. Transmission Constraints Decisions (I.84-04-077)
  5. Out-of-State Power Purchases from QFs Decisions (I.85-11-008)
  6. Research, Development & Demonstration Decisions
    (RD&D) R.87-10-13
  7. QF Contract Administration Decisions (R.88-06-007)
  8. QF Contract Buyout Decisions

Alternative Generation Pricing Decisions (A.82-04-44 et al)

    • D-91109 in Order Instituting Investigation No. 26, December 19, 1979, 51 pages. Initial adoption of avoided cost prices for cogenerators.
    • D-82-01-103 in Order Instituting Rulemaking (OIR) 2, January 21, 1982, 172 pages. Initial Rulemaking in compliance with the FERC Rules under PURPA.
    • D-82-04-071 in OIR-2, April 12, 1982, 13 pages. Order modifying D-82-01-103.
    • D-82-12-120 in Applications 82-03-26 et al, December 30, 1982, 149 pages. First of two decisions resulting from compliance hearings on PG&E, SCE and SDG&E Standard Offers 1, 2 and 3.
    • D-83-09-054 in Applications 82-04-44 et al, September 7, 1983, 60 pages. Approval of Interim Standard Offer No.4 for PG&E, SCE and SDG&E based on the results of a Negotiating Conference.
    • D-83-10-093 in Applications 82-03-26 et al, October 19, 1983, 121 pages. Second decisions from the compliance hearings for Standard Offers 1 and 2.
    • D-83-12-050 in Applications 82-04-44 et al, December 20, 1983. Addresses petitions for rehearing of D-83-09-054.
    • D-84-03-092 in Applications 82-03-26 et al, March 21, 1984, 101 pages. Third decision from compliance hearings on PG&E, SCE and SDG&E's Standard Offers 1 and 2 in response to petitions for modifications of D-82-12-120 and D-83-10-093.
    • D-84-03-093 in Applications 82-03-26 et al, March 21, 1984, 23 pages. Order to Show Cause addressed to PG&E.
    • D-84-04-012 in Applications 82-03-26 et al, April 4,1984, 11 pages. Fourth decision from compliance hearing on Standard Offers 1 and 2 Modifications of the filing and notification of procedures with respect to energy price revisions.
    • D-84-08-031 in Applications 82-03-26 et al, August 1, 1984, 64 pages. Decision after hearing An Order to Show Cause. PG&E found not in contempt of this Commission.
    • D-84-08-035 in Applications 82-04-44 et al, August 1, 1984, 5 pages. Interim Standard Offer No. 4 approved in D.83-09-054 was suspended until further order by the Commission.
    • D-84-10-098 in Applications 82-04-44 et al, October 17,1984,7 pages. Payment Option No. 3 of the PG&E's Interim Standard Offer No.4 was suspended for qualifying facility (QF) projects over 50 MW until December 5, 1984.
    • D-84-12-027 in Applications 82-04-44 et al, December 5,1984,4 pages. Order extending suspension of PG&E's Standard Offer No.4, Option No.3 until January 16, 1985.
    • D-85-01-040 in Applications 82-04-44 et al, January 16, 1985,5 pages. Second Order extending suspension of PG&E's Standard Offer No.4, Option No.3 for QF projects over 50 MW until April 17, 1985.
    • D-85-02-036 in Applications 82-04-44 et al, February 6, 1985, 7 pages. The Commission granted TOSCO Corporation to Amend its current negotiated contract with PG&E for the purchase of power from TOSCO's Avon Cogeneration projects to conform that agreement to the terms of interim Standard Offer No.4, Payment Option No.3, adopted in D.83-09-054.
    • D-85-02-069 in Applications 82-04-44 et al, February 21, 1985, 4 pages. SCE's Interim Standard Offer No.4, Payment Option No.3 adopted in D.83-09-054 was suspended for qualifying facility (QF) projects over 50 MW until April 17,1985.
    • D-85-04-075 in Applications 82-04-44 et al, April 17,1985,75 pages. Suspension of the entire Standard Offer No.4 for all utilities (PG&E, SCE & SDG&E).
    • D-85-06-163 in Applications 82-04-44 et al and 82-03-26 et al, June 21, 1985, 49 pages. The Commission ordered PG&E, SCE and SDG&E to sign all of the interim Standard Offer No.4 "orphan" contracts which were completed and signed by a QF before April 17, 1985.
    • D-85-07-021 in Applications 82-04-44 et al, July 10, 1985, 37 pages. Selected the option to continue suspension of the availability of interim Standard Offer No.4 for QFs of all sizes seeking to purchase power with PG&E, SCE and SDG&E.
    • D-85-07-022 in Applications 82-04-44 et al, July 10, 1985, 76 pages. Phase I decision. Long-Run Avoided Cost Methodology.
    • D-85-12-075 in Applications 82-04-44 et al, December 18, 1985, 48 pages. This decision incorporates the Qualifying Facility Milestone Procedure (QFMP), with certain amendments in S.O. #1 and #2.
    • D-86-03-030 in Applications 82-04-44 et al, March 5, 1986, 11 pages. Order directing Southern California Edison Company (SCE) to execute purchase power agreements based on Standard Offer 4 (S.O.#4) for the Renewable Ventures Inc (REV) wind projects in Edison's service territory.
    • D-86-03-069 in Applications 82-04-44 et al, March 19, 1986, 6 pages. Temporary suspension of Standard Offer 2 (S.O. #2).
    • D-86-05-024 in Applications 82-04-44 et al, May 7, 1986, 34 pages. Order continues suspension of Standard Offer 2 (S.O. #2).
    • D-86-05-025 in Applications 82-04-44 et al, May 7, 1986, 5 pages. Order denies without prejudice petitions for modification of D.85-06-163 filed by Steam Reserve Corporation and Yankee Caithness Joint Venture.
    • D-86-07-004 in Applications 82-04-44 et al, July 2, 1986, 120 pages. Sets out guidelines for final Standard Offer No.4 compliance filing.
    • D-86-07-032 in Applications 82-04-44 et al, July 16,1986, 8 pages. Petition for modification of D-86-03-069 by Crossflow Hydroelectric Inc. was denied.
    • D-86-08-017 in Applications 82-04-44 et al, August 6, 1986, 7 pages. Action on petition by Jaoudi Industrial and Trading Corp. for modification of Decisions 86-03-069 and 86-05-024.
    • D-86-08-053 in Applications 82-04-44 et al, August 18, 1986, 9 pages. Action on Southern California Edison's proposed update to its energy price schedule for electrical energy purchases from Qualifying Facilities to be effective August 1, 1986 through October 31, 1986.
    • D-86-10-030 in Applications 82-04-44 et al, October 1, 1986, 3 pages. Order denying Rehearing of D.86-07-004.
    • D-86-10-038 in Applications 82-04-44 et al, October 16, 1986, 16 pages. Opinion on petitions of Ultrapower, Inc., GWF Power Systems and Thermal Energy Development Corp. for modification of D.82-12-120 and D.83-09-054 and on petition of Basic American Foods for partial consolidation of C.86-07-022 with A.82-04-44 to consider the issues of extending PG&E's firm capacity price table in interim Standard Offer 4.
    • D-86-10-039 in Applications 82-04-44 et al, October 16, 1986, 6 pages. Opinion on Petition of Transworld Wind Corporation for modification of D.85-06-163.
    • D-86-11-071 in Applications 82-04-44 et al, November 14, 1986, 25 pages. Interim decision in compliance phase of consolidated standard offer proceeding.
    • D-86-12-013 in Applications 82-04-44 et al, December 3, 1986, 5 pages. Order modifying D-86-10-038 on the Commission's own motion.
    • D-86-12-018 in Applications 82-04-44 et al, December 5, 1986, 5 pages. Opinion on petition of Tenneco Oil Company for modifications of Decisions 86-03-069 and 86-05-024.
    • D-86-12-104 in Applications 82-04-44 et al, December 22, 1986, 4 pages. Order denying rehearing and modifying D.86-10-038.
    • D-87-01-049 in Applications 82-04-44 et al, January 28, 1987, 11 pages. Independent Energy Producer's petition for modification of D.83-09-054 to permit "pioneer" QFs to received interim Standard Offer No.4 prices.
    • D-87-01-050 in Applications 82-04-44 et al, January 28, 1987, 6 pages. Interim opinion on petition for modification of D.83-09-054 filed by Dow Chemical Company.
    • D-87-05-060 in Applications 82-04-44 et al, May 29, 1987, 66 pages. Interim opinion on Final Standard Offer No. 4, compliance phase.
    • D-87-08-047 in Applications 82-04-44 et al, August 26, 1987, 16 pages. Order approving the amended power purchase agreement between PG&E and Diamond Walnut Growers, Inc (A.87-05-003 and PG&E and California Almond Growers Exchange, Inc (A.87-05-028) consistent with Public Staff proposed guidelines on utility negotiations with "pioneer" qualifying facilities (QFs).
    • D-87-11-024 in Applications 82-04-44 et al, November 13, 1987, 52 pages. Second interim opinion in Compliance Phase: Avoidable megawatts, reinstatement of standard offer 2 for SDG&E.
    • D-87-12-049 in Applications 82-04-44 et al, December 17, 1987, 3 pages. Order granting the request of Belridge Cogeneration Partners Ltd. to withdraw petition for modification of D.83-09- 054.
    • D-87-12-056 in Applications 82-04-44 et al, December 17, 1987, 14 pages. Order adopts queue management, milestone procedure and related contract provisions and preparatory to reinstatement of Standard Offer No.2 for SDG&E.
    • D-88-03-026 in Applications 82-04-44 et al, March 9, 1988, 14 pages. Third Interim Order in Compliance Phase of the consolidated standard offer proceeding that sets out the updating procedure and frequency for various price and non-price terms of standard offers.
    • D-88-03-079 in Applications 82-04-44 et al, March 23, 1988, 62 pages. Fourth Interim Order in Compliance Phase of the consolidated standard offer proceeding that resolves issues on capacity valuation, variable energy pricing and milestone and contract drafting for final Standard Offer No. 4.
    • D-88-07-024 in Applications 82-04-44 et al, July 8, 1988, 28 pages. Opinion on electric utility gas costs avoidable by qualifying facilities under the new CPUC unbundled gas rate design.
    • D-88-08-021 in Applications 82-04-44 et al, August 10, 1988, 12 pages. Action on joint stipulation of Southern California Edison Company (SCE) and West Coast Cogeneration, Inc. and motion for order approving settlement and dismissing petition for modification of Decisions 85,04-075, 85-06-163 and 85-07-021.
    • D-88-09-026 in Applications 82-04-44 et al, September 14, 1988, 79 pages. Final Decision in Compliance Phase: General Resource Planning Issues, Performance Features (Adders) and Availability of Standard Offer 2.
    • D-89-01-044 in Applications 82-04-44 et al, January 27, 1989, 20 pages. Opinion on PG&E's petition for modification of Decisions 84-08-031 and 84-08-037.
    • D-89-02-017 in Applications 82-04-044 et al, February 8, 1989, 34 pages. Opinion on PG&E's petition for modification of Decisions 84-08-031 and 84-08-037.
    • D-89-02-065 in Applications 82-04-044 et al, February 24, 1989, 8 pages. Order on the proposed uniform provisions for Standard Offers 1 and 3.
    • D-89-04-047 in Applications 82-04-044 et al, April 12, 1989, 13 pages. This order adopts the final Standard Offer 4 contract provisions in its entirety set forth in the June 27, 1988 Joint Filing of SCE, PG&E, SDG&E, Santa Fe Geothermal Inc, Union Oil Company of California, Freeport-McMoran Resource Partners, Independent Energy Producers and the Division of Ratepayer Advocates.
    • D-89-06-048 in Applications 82-04-44 et al, June 21, 1989, 15 pages. This order adopts modification of the Commission's floor/ceiling proposal to calculate the short-term Energy Reliability Index (ERI) for PG&E.
    • D-89-07-026 in Applications 82-04-44 et al, July 6, 1989, 2 pages. This order closes the consolidated standard offer proceeding. Certain issues are carried over to OII.89-07-004.
    • D-89-07-045 in Applications 82-04-44 et al, July 19, 1989, 3 pages. Order denying SDG&E's petition to modify D.89-04-047.
    • D-89-08-031 in Applications 82-04-044 et al, August 3, 1989, 12 pages. Order that modifies D.89-02-017 to allow off-system QFs additional time beyond the August 8, 1989 deadline for executing Standard Offer 2 with San Diego Gas & Electric Company.

    Biennial Resource Plan Update (BRPU) Decisions (I.89-07-004)

    • I.89-07-004 July 6, 1989, 40 pages. Initial Order Instituting Investigation on the Commission's own motion to implement the Biennial Resource Plan Update following the California Energy Commission's (CEC) Seventh Electricity Report.
    • D-89-09-099 in I.89-07-004, September 27, 1989, 40 pages. Order denying protests to the quarterly avoided cost energy price posting by SCE and SDG&E.
    • D-90-03-060 in D.89-07-004, March 28, 1990, 210 pages. This order adopt base case resource planning assumptions for the Biennial Resource Plan Update (BRPU) to determine whether California's Investor Owned Utilities (lOUs) need additional resources over the next 12 years and, if so, to identify those that are potentially deferrable by QFs.
    • D-90-06-027 in D.89-07-004, June 6, 1990, 57 pages. Interim opinion in PG&E's interim Standard Offer 4 curtailment gap; and updating final Standard Offer 4 Capacity Factor.
    • D-90-06-071 in D.89-07-004, June 20, 1990, 1 page. SCE's application for rehearing of D.90-03-060 is denied.
    • D-90-09-062 in I.89-07-004, September 12, 1990, 4 pages. This order denied petition for modification of D.90-03-060 filed by Independent Energy Producers and Geothermal Resources Association on June 5, 1990. SDG&E is also directed to make regular filings informing the Commission of the status of their resource acquisition process.
    • D-90-09-063 in I.89-07-004, September 12, 1990, 25 pages. This order addressed the DRA's petition for modification of D.90-03-060 and resolved two implementation issues associated with iterative cost-effectiveness method (ICEM).
    • D-90-09-064 in I.89-07-004, September 12, 1990, 12 pages. This order denied recent protests to the quarterly Avoided Cost Energy Price Postings made by SCE. It also concluded that the gas volume of 114,703,000 MMBtu represents the most recently adopted forecast for the purpose of SCE's May 1, 1990 quarterly prices.
    • D-90-11-025 in I.89-07-004, November 9, 1990 3 pages. This decision finds that D.90-09-064 addressed the issues raised in the California cogeneration Council and the Cogenerators of Southern California's recent protests to SCE's quarterly avoided energy cost postings. Denied protests.
    • D-90-12-028 in I.89-07-004, December 6, 1990, 23 pages. Dispositions of motions protesting posted prices for energy payments to QFs from November 1, 1990 thru January 1, 199I. generation
    • D-91-03-019 in I.89-07-004, March 13, 1991, 8 pages. Disposition of petitions to intervene and protest by Santa Fe Geothermal to PG&E's quarterly energy price posting for quarter beginning November 1, 1990.
    • D-91-04-009 in I.89-07-004, April 10, 1991, 5 pages. Opinion on TURN's eligibility for compensation in Phase 1 B of Biennial Resource Plan Update.
    • D-91-04-010 in I.89-07-004, April 10, 1991, 3 pages. Order modifying D.82-12-120. It provides procedural guidance for quarterly postings and motions in protest of such postings.
    • D-91-06-022 in I.89-07-004, June 5, 1991, 136 pages. Phase 1 B Opinion. Changes to Final Standard Offer 4 for use in conjunction with the 1990 Electricity Report which includes consideration of environmental factors, fuel diversity, payment structure, auction protocol and other features of final Standard Offer 4.
    • D-91-03-033 in I.89-07-004, June 19, 1991, 3 pages. Opinion on TURN's petition to modify Decision 91-04-009.
    • D-91-07-052 in I.89-07-004, July 24, 1991, 5 pages. This order directed electric utilities to continue to use the existing methodology for calculating the avoided energy costs to be posted on August 1, 1991 while using the non-core weighted average cost of gas in effect on July 31, 1991 for non-core volumes.
    • D-91-07-054 Standard Offer Contract previously approved are considered reasonable except for contract administration.
    • D-91-09-073 in I.89-07-004, September 5, 1991, 15 pages. Interim opinion in the Resource Plan Phase of the BRPU on the motion of SCE that certain proposed capital expenditures for SONGS 1 be treated as nondeferrable by QFs.
    • D-91-10-039 in I.89-07-004, October 23, 1991, 22 pages. This decision adopted an interim methodology for calculating avoided cost energy payments to QFs.
    • D-91-11-057 in I.89-07-004, November 20, 1991, 29 pages. Interim opinion on Energy Reliability Index (ERI) for Southern California Edison Company.
    • D-91-12-046 in I.89-08-004, December 18, 1991, 7 pages. This decision authorizes SCE and SDG&E to establish SONGS 1 Memorandum account effective for service rendered on or after January 1, 1992.
    • D-92-03-022 in I.89-07-004, March 11, 1992, 6 pages. Opinion denying protests by California Cogeneration Council to SDG&E's avoided energy cost postings for certain periods in 199
    • D-92-04-045 in I.89-07-004, April 22, 1992, 149 pages. Interim opinion on Resource Plan Phase: Bidding for new generation resources.
    • D-92-05-022 in I.89-07-004, May 8, 1992, 14 pages. Opinion on protests to PG&E's avoided cost postings for the quarter commencing 8/1/91 and months commencing 11/12/91, 12/9/91, 1/13/92 and 2/10/92.
    • D-92-07-027 in I.89-07-004, July 1, 1992, 3 pages. Order denying rehearing of D.92-04-045 filed by Transphrase Systems Inc.
    • D-92-07-045 in I.89-07-004, July 22, 1992, 10 pages. Opinion of SCE Petition to modify D.88-03-026.
    • D-92-08-029 in I.89-07-004, August 11, 1992, 13 pages. This decision responds to the petition by IEP and GRA to modify D.92-04-045. It clarifies setting price benchmark for geothermal capacity subject to bidding in SDG&E & SCE auctions later this year.
    • D-92-08-036 in I.89-07-004, August 11, 1992, 42 pages. This decision considers the settlement proposed by SCE, SDG&E and DRA regarding SONGS 1 issues. Under the settlement, SONGS 1 would cease operation by the end of current fuel cycle and SCE and SDG&E would recover their net remaining investment in the plant over a 4 year amortization period.
    • D-92-08-040 in I.89-07-004, August 11,1992, 13 pages. This decision resolves certain issues raised in protest to PG&E's avoided energy postings by California Cogeneration Council and Destec Energy Inc.
    • D-92-09-038 in I.89-07-004, September 2, 1992, 5 pages. Opinion on protests regarding double demand charge adjustment in SCE & PG&E's avoided cost postings.
    • D-92-09-088 in I.89-07-004, September 16, 1992, 24 pages. Opinion on SCE petition to modify D.91-06-022 and D.92-04-045 to permit bidding by utilities and others in addition to QFs in this fall's solicitation for new electrical generating capacity.
    • D-92-07-045 Electric utilities are now required to post monthly, rather than quarterly, their avoided energy cost payments. The Commission reduced from 45 days to 15 days the maximum lag period during which utilities must incorporate in such posting any changes in calculation inputs created as a result of new Commission Decision.
    • D-92-08-029 The benchmark price for geothermal energy against which QF offers would be compared, was specified to consist of capital installed cost at $2392/kW, fixed O&M at $129.50/kW-yr, and variable O&M at 0.91 cents/kW-yr.
    • D-92-08-039 In A91-09-003, the Commission order that the index price for any particular gas basin must include both the actual commodity cost of gas and the cost of transporting the gas from that basin to California. In determining an electric utilities' avoided cost rate by which to compare bids submitted by QFs, standard gas under cogeneration gas transport charges may not be suitable for Canadian gas.
    • D-92-09-088 Denying SCE's request to use an "All-supply-source" format in its upcoming FSO4 generation supply solicitation. The Commission plans to hold hearings to identify steps to implement such a plan with schedule.
    • D-92-10-049 In I.90-09-050, in the Non-discriminatory Access to Electricity Transmission Service for Non-utility Power Producers Proceeding, the Commission establish a system of arbitration (of comparison benchmark) for any party challenge each utility's decisions under a capacity bidding auction.
    • D-92-11-020 Order denying rehearing of D92-08-029 (BRPU).
    • D-92-11-060 Granting approval of a joint recommendation resolving key issues in a proceeding concerning transmission access program for QFs and the three IOUs to finalize their draft transmission cost tables.
    • D-92-11-061 Identified steps to implement IDR benchmark cost for a FSO4 purchases power auction (See D92-09-088). Utilities were obligated to accept a standard of "accountability" under which it would build the repower project accepting the IDR estimate as a total cost cap should bidder fail to beat the price. The cost cap includes capital and fixed O&M price (without performance requirement) in the auction.
    • D-92-12-021 Approved modifying FSO4 contract with policy directs on matters including project fees and milestones, residual air emission, adders/subtracters, monitoring, economic curtailment, project viability and security, levelized payments, shortage cost and energy-related capital cost payments, liquidated damages, eligibility of foreign firms for contracts and bid evaluation.
    • D-93-01-047 Authorizes SDG&E to revise the bidding benchmark based on its Encina 1 Repower project to be used as its identified deferrable resource for the purpose of FSO4 auctions bids' evaluation. The utility is given an opportunity to bid a heat rate curve rather than use a dispatchability adder.
    • D-93-01-048 Order announcing a workshop forum for addressing alternatives to the "price cliff" that will occur for QF's in year 11 of ISO4 contracts. The Commission suggests that QF negotiate lower payment schedules in the years remaining under the 10-year fixed payment schedule and use the difference as an offset to defer significant reductions in payments in year 11 and thereafter.
    • D-93-01-040 Order denying PG&E's protest to posting monthly avoided costs.
    • D-93-01-049 Order accepting a joint recommendation as to refining the transmission cost tables used by SCE in evaluating bid submitted pursuant to capacity solicitation programs. It includes elimination of carrying cost adders, declining cost tiers, and implementation of intertie location adders and average cost tiers.
    • D-93-01-053 Order modifying but denying rehearing of D-92-10-49 and D92-11-061. The Commission agrees to reduce from 27% to 24% the assumed capacity factor for wind power projects used as identified deferrable resources (IDR) in bidding programs for resources acquisitions by PG&E.
    • D-93-02-014 Order taking official notice of section 1914 of the Energy Policy Act of 1992 and thereby requiring electric utilities to reduce the bidding benchmarks for wind power projects used as IDR in bidding programs for resources acquisitions, to recognize provisions entitling producers of wind energy to tax credits of 1.5 cents/kWh.
    • D-93-02-015 Order finding that monthly avoided-cost posting by electric utilities should in future proceedings, reflect natural gas transportation service discounts.
    • D-93-02-057 Order denying rehearing but modifying D-92-09-078, which had adopted an interim electric transmission access program. Commission finds that the issue of its authority to mandate wheeling is not settled and that states have clear jurisdiction over many aspects of transmission access and cost allocation.
    • D-93-02-068 Order denying rehearing of D92-12-021 but approved a settlement modification of the FSO4 contract. The Commission affirms the concept of "market out" as oppose to "regulatory out" triggers for early contract termination. The Commission stresses the value of flexibility is an attribute of a fully competitive generation market.
    • D-93-03-020 Order establishing guidelines for request for bid soliciting power from QFs and other power suppliers. The Commission prescribes a method to determine "Shortage" cost component of the identified deferrable resources (IDR) benchmarks against which bids are judged. It also establishes a method for calculating emission rates and offset costs in utility bid requests, and a method for considering wheeling costs in bid evaluations. The guidelines adopted an arbitration mechanism for resolving auction disputes and hold wheeling QFs responsible for costs of interconnecting their plants with utility transmission systems.
    • D-93-03-046 The Commission finds that PG&E erred in its calculation of the utilities' electric generator transportation component of the posting, but finds PG&E acted properly in splitting the posting into two separate periods for IER and O&M adder, where the effective date of its most recent ECAC proceeding occurred in the middle of the applicable posting period.
    • D-93-03-069 Order modifying and clarifying D93-01-047. Commission rules that permitting fee schedules, milestone requirements, and termination provisions applicable to QFs under FSO4 should also apply to utility-sponsored alternate power production projects that compete in bidding auction. At issue was SDG&E's Encina Repower Project.
    • D-93-03-071 In A.92-04-001, the Commission deny California Cogeneration Council (CCC)'s request for rehearing of D92-11-046 alleging that the Commission erred in the adoption of the O&M adder used in the calculation of avoided costs related to the purchases by PG&E of variable priced energy from QFs.
    • D-93-05-016 Order modifying and denying rehearing of D-93-02-014. Commission convenes a workshop to determine exactly how tax credits should be reflected in the benchmark price for wind power projects used as IDR in bidding programs for resource acquisitions.
    • D-93-06-037 In A.93-03-004, the Commission approved an ISO4 biomass contract between PG&E, Smith River Power Plant Association and the Yurok Indian Tribe.
    • D-93-06-086 Order granting SCE/PG&E's request to modify method used to determine avoided costs used to compute QF payments. Under the modified method, utilities will reflect purchased gas account refunds and interstate transportation rate refunds in their avoid-cost posting, pending full review of SRAC methodology in pending proceeding.
    • D-93-06-098 Order declining to open investigation into new electricity utility resources plans upon submission by SCE in its ER92 Report. The Commission notes that ER92 identified additional need for SDG&E and that even that utility already has a significant repower project under way.
    • D-93-06-099 Order reviewing various proposed requests for bids (RFBs) submitted by electric utilities, and directing publication of such RFBs, as modified, for a FSO4 solicitation auction. Utilities (PG&E, SDG&E, and SCE) are instructed to published their final RFBs on August 4, 1993 (see also D93-03-20).
    • D-93-07-022 Order denying SDG&E's petition for rehearing on D-93-03-069, but the Commission allow SDG&E to revise its cost commitment pertinent to the Encina Repower Project, which the utility was using as an IDR for purposes of ranking capacity auction bids.
    • D-93-07-059 In A.93-01-044, the Commission order modifying but denying rehearing of D-93-06-094 in which the Commission had authorized a natural gas local distribution company to enter into negotiated gas transportation service agreement to avoid the uneconomic bypass of its local distribution system by four industrial customers (Holly Sugar, Pacific Coast Producers, Del Monte, and Tri-Valley Growers, Inc.).
    • D-93-08-025 In A.93-04-013, the Commission order authorizing a natural gas local distribution company to enter into negotiated gas transportation service agreement with Crockett Cogeneration to avoid the uneconomic bypass of it local distribution system by the customer.
    • D-93-10-048 Order modifying but denying rehearing and stay of D-93-06-086. The Commission rejects allegations by QFs that inclusion of gas pipeline refunds in avoided-cost posting was a retroactive adjustment prohibited under FERC.
    • D-93-10-070 Order modifying D-93-06-099 governing procedures to be used by PG&E and SCE in evaluating bids for power supplies made by as-available QFs. The Commission granted the utilities' request to use each bidder's specified as-available capacity factor instead of the utilities' FSO4 generic nameplate-to-effective-capacity conversion factors in evaluating bids.
    • D-93-10-071 Order directing PG&E to adjust the avoided-cost rates paid to QFs. PG&E is directed to substituting the cost of higher-priced interruptible interstate capacity for all volumes improperly procured by PG&E for its Electric Dept. after QFs protest the practice.
    • D-93-11-019 Joint petition of SCE/DRA for modification of D-82-01-103, D82-12-120, D83-09-054, and D89-01-044 is denied. Joint requests to clarify the parameters of the utility's contract administration duties related to truncation intervals and nameplate ratings. Minor differences between the stated nameplate rating and a facility's actual capacity should be accommodated in the ordinary course of commercial dealing between the contracting parties, and the utility may reasonably extend forecasted energy and capacity payments to excess generation resulting from such minor variations.
    • D-93-12-018 Order establishing a process for selecting and hiring arbitrators to deal with challenges to the auction results in FSO4 electric resource solicitation.
    • D-93-12-018 Order establishing a process for selecting and hiring arbitrators to deal with challenges to the auction results in FSO4 electric resource solicitation.
    • D-93-12-035 Order permitting electric utilities to alter the language of FSO4 contracts governing the sales and purchases of electricity generated by QFs. Approved alternatives to FSO4 contracts includes a statement that (1) obligation to buy power derived from CPUC order and (2) neither party to should be deemed to have drafted the agreement and (3) any ambiguity contained therein shall not be contused against either party for that reason.
    • D-93-12-038 In A.93-09-023, the Commission order approving a second amendment to an existing ISO2 contract governing the sale of electricity generated by a QF to an electric utility. The approved amendment governs the return by the QF of overpayments made by the electric utility. The overpayments are associated with a failure by QF to meet efficiency standards needed to maintain eligibility as a QF under FERC.
    • D-93-11-068 In R.93-06-001, the Commission order addressing issues on certain state regulatory standard as posed by provisions in Energy Policy Act of 92 pertaining to exempt wholesale generators (EWGs). The Commission declined to regulate the capital structures of EWGs and decline to set standards related to fuel supply adequacy for purchases of power from EWGs. Procedures for pre-approving contracts are retained for the present.
    • D-94-01-020 The Commission direct PG&E not to announce the FSO4 auction winners for its wind IDR until further order from CPUC. But order PG&E to announce the FSO4 auction winner for its Hunters Point IDR as scheduled, since PG&E's request for Commission Guidance does not encompass this IDR.
    • D-94-02-016 The protest of the use by PG&E in its avoided cost posting since 8/3/93 of a Biennial Cost Allocation Procedure (BCAP) forecast instead of the more recent forecast in PG&E's ECAC is granted, PG&E is ordered to adjust QF payments to reflect ECAC forecast. The Commission also granted the protest of mid-season change from a seasonal to monthly calculation of the utilities' electric generation transportation rate. The utilities is ordered to adjust payments to QFs. The Commission also granted protesters the adjustment to QF payments that were retrospectively downward adjusted.
    • D-94-02-029 The order adopts a procedure by which a QF may seek a postponement until Jan. 1, 1995 of a change in capacity allocation factors that went into effect on Jan. 1, 1994. PG&E, SDG&E, and SCE shall negotiate modifications to the FSO4 contract with winning bidders to ensure that payments to winning QFs do not exceed second price for each IDR.
    • D-94-03-070 Proposed two modifications to D93-06-099 (Re:FSO4 Auction Solicitation). First is a deferral of 25% of the Capacity in the SCE and SDG&E service territories until a re-assessment in the year 1998. Second, the utility's liability for payments under a FSO4 contract shall never exceed the second price for each IDR. Utilities shall only be allowed to recover up to this liability cap in rates.
    • D-94-04-040 The decision granted QF's protest to avoided cost posting used by SCE of the Wheeler Ridge Index to price Canadian gas purchases. SCE should be required to adjust its posting accordingly. The protest to PG&E's Oct. 11, 1993 posting has been withdrawn.
    • D-94-04-079 In D.93-06-086, the Gas Refund Decision, the utilities (PG&E/SCE) were granted petitions to modify D82-12-120 to reflect certain gas refunds in the current cost of gas in the utilities' monthly avoided cost posting. This decision addresses the implementation methodology and related issues needed to resolve before utilities can reflect certain gas refunds in their avoided cost posting.
    • D-94-05-008 This decision direct PG&E to adjust its avoided cost payments for the disputed period by substituting the cost of interruptible interstate transportation for the cost of firm volumetric transportation for all components of the PG&E's Electric Dept's self-procured SL-4 and SL-5 Volumes. (see D93-10-71 for reference)
    • D-94-05-077 This decision lifts the prohibition of ex-parte contacts instituted by order paragraph one of D94-03-070.
    • D-94-06-050 Order denying PG&E's motion to suspend its Hunter's Point IDR solicitation until the Commission renders a decision regarding IDR in the BRPU solicitation.
    • D-94-06-047 This decision modifies D93-06-099 and the FSO4 contract so that QF under a FSO4 contract should not be paid more than the second price for Each IDR. Utilities should only be allowed to recover up to this amount in rates.
    • D-94-07-035 Order denying Calpine Corp. and Irwindale Cogeneration Association's request for rehearing of D94-01-020 and a request for immediate stay. (See D94-06-050 Hunter's Pt.)
    • D-94-09-035 The Commission issued opinion on two protests to avoided cost posting by SCE related to its Canadian gas purchases. CCC's protest is granted. Index methodology (as CCC protested) requires SCE to add intrastate access charge to the CA border price as reflected in Southwest Proxy. Whereas Sunrise protest is rejected because it is a previously argued matter and dismissed. The Southwest proxy methodology does not included intrastate transportation charges.
    • D-94-09-079 Advise parties to review application for rehearing by SCE/SDG&E and Flowind on D94-06-047 and D93-06-099 regarding FSO4 solicitation process in the BRPU proceeding.
    • D-94-12-051 Order granting limited rehearing of D94-06-047 to determine if certain bidders merits inclusion in the second price cap on payments of FS04 of IDR benchmark price.
    • D-95-01-003 This decision disposes two protests to avoided cost posting by SCE. Cogeneration Association of California (CAC)'s protest is granted. The Commission orders SCE to recalculate payments to QFs. Sunrise's protest is denied for previouly argued matters.
    • D-95-02-019 Opinion on CCC's protests the Avoided Cost Energy Price update for QFs filed on 11/14/94 by SCE. CCC challenges SCE's use of Southwest Proxy for pricing Canadian gas purchases. The protest is denied.
    • D-95-02-082 This decision denied CCC's petition for modification of D94-04-040 without prejudice CCC's right to reassert its position in a more appropriate hearing recently scheduled.
    • D-95-02-061 This decision granted the CCC's petition to modify D93-06-086, the Gas Refund Decision, so that SCE's future avoided cost postings reflect municipal surcharges incurred in connection with SCE's gas purchases (8/1/93-3/31/94).
    • D-95-02-071 SCE's petition to modify D93-11-019 to remove one phase concerned the general issue of whether SCE acted reasonably in administering a particular provision in its contract with the QFs (both standard contract and negotiated modified standard contract).
    • D-95-03-019 The Commission order imposing interim stay in the Biennial Resource Plan Update Proceeding (BRPU). FERC on 2/15/95 order finds CPUC's FSO4 solicitation in BRPU proceeding violates section 210(b) of PURPA because it didn't consider all sources in reaching its avoided cost determinations.
    • D-95-04-004 The Commission denied CCC's protest. CCC requests to adjust avoided cost posting methodology to include gas storage costs incurred by SCE.
    • D-95-06-050 This decision denied the Independent Energy Producer's Association (IEP) protests of the Jan. 9, 1995's avoided cost posting of PG&E.
    • D-95-09-117 This decision denies CCC's protests on avoided cost postings filed by SDG&E (on unbundled storage costs), SCE (on brokered capacity on the El Paso Line), and PG&E (on reduces gas transport costs and backbone credit for forecast purchases at Kern River).
    • D-95-10-021 Order denying rehearing and modification of D-95-06-050 PG&E's backbone credit for forecast purchase at Kern River to reduce gas transport charge in conform to index methodology.
    • D-95-10-020 Order denying rehearing of D94-05-008 and D93-10-071. Three petitioners: Destec, Martinez Limited Partnership, and Chevron USA request to extend the 'disputed period' which was considered in the earlier proceeding.

    Electricity Transmission Services for Non-Utility Power Producers Decisions I.90-09-050

    • I.90-09-050 September 25, 1990, 37 pages. Initial Order Instituting Investigation on the Commission's own motion to develop a policy of non-discriminatory access to electricity transmission services for nonutility power producers.
    • D-90-11-066 in I.90-09-050, November 21, 1990, 2 pages. Pacific Power and Light Company (PP&L) and Sierra Pacific Power Company (SPP) are made respondents to this proceeding.
    • D-91-10-048 in I.90-09-050, October 23, 1991, 54 pages. Interim opinion setting forth policy direction on transmission access and cost allocation Issues.
    • D-92-01-037 in I.90-09-050, January 10, 1992, 8 pages. Order denying rehearing and modifying D. 91-10-048
    • D-92-09-078 in I.90-09-050, September 16, 1992, 110 pages. This decision resolves key transmission policy issues which form the underpinnings for an interim access program.

    Transmission Constraints Decisions (I.84-04-077)

    • I.84-04-077 April 18, 1984, 7 pages. Initial Order Instituting Investigation regarding transmission capacity constraints in electric utility systems caused by QFs.
    • D-84-08-037 In I.84-04-077, August 1, 1984, 13 pages. The Commission approved the interim solution proposed by Staff, PG&E and Small Power Producers for the alleged transmission constraints in, the Northern Portion of PG&E's transmission system.
    • D-84-11-123 in I.84-04-077, November21, 1984, 2 pages. Order modifying D.84-08-037 and granting a limited rehearing.
    • D-85-01-038 in I.84-04-077, January 21, 1985, 46 pages. The Commission adopted the Interconnection Priority Procedure (IPP), later renamed the Qualifying Facility Milestone Procedure (QFMP).
    • D-85-01-039 in I.84-04-077, January 16, 1985, 11 pages. Limited rehearing on access to intertie and drum division.
    • D-85-08-045 in I.84-04-077, August 21, 1985, 23 pages. This order adopted a revised Qualifying Facility Milestone Procedure (QFMP).
    • D-85-09-058 in I.84-04-077, September 18, 1985, 39 pages. This order closes an investigation into transmission limitations which may affect QF development.
    • D-85-11 -017 in I.84-04-077, November 6, 1985, 21 pages. This order adopts changes to the Qualifying Facility Milestone Procedure (QFMP) proposed in the second quarterly review.
    • D-86-02-033 in I.84-04-077, February 5, 1986, 4 pages. Order modifying D.85-09-058 and denying rehearing.
    • D-86-04-049 in I.84-04-077, April 16, 1986, 2 pages. Order modifies D.84-08-037 to exempt Qualifying Facilities (QFs) of 100 kW or less which execute Standard Offer 2 (S.O. #2) from the Interim Stipulation.
    • D-86-04-053 in I.84-04-077, April 16, 1986, 17 pages. This order adopts changes to the Qualifying Facility Milestone Procedure (QFMP) developed in the third quarterly review.
    • D-86-11-005 in I.84-04-077, November 5, 1986, 20 pages. This order closes I.84-04-077 and adopted the fifth edition of the Qualifying Facility Milestone Procedure (QFMP).
    • D-87-04-039 in I.84-04-077, April 16, 1987, 16 pages. Order modifying Decision 86-11-005 and denying rehearing.
    • D-87-08-028 in I.84-04-077,August8,1987,3pages. Order denying rehearing of D.87-04-039 filed by IEP and Hanna and Morton and modifying D.86-11-005.
    • D-89-07-058 in I.84-04-077, July 19, 1989, 20 pages. Joint Petition by the Division of Ratepayer Advocates of CPUC and Pacific Gas & Electric Company for modification of D.87-04-039 is denied.
    • D-90-01-049 in I.84-04-077, January 24, 1990, 11 pages. This decision finds Save Our Streams Council eligible for intervener compensation and denies a finding of eligibility to Ronald E. Rulofson.
    • D-90-09-081 in I.84-04-077, September 25, 1990, 5 pages. This order granted the request of Save Our Streams Council, Inc for compensation for its participation in a phase of this proceeding.
    • D-91-04-040 in I.84-04-077, April 24, 1991, 5 pages. Order granting a petition to modify D.85-09-058 by eliminating the payment of a fee of .5mills/kWh by some QFs effective June 1, 1990.
    • D-92-02-014 in I.84-04-077, February 5, 1992, 9 pages. This decision dismisses a petition for modification of D.82-01-103 & D.85-01-038 prompted by a dispute between PG&E and Midset Cogeneration Company.

    Out-of-State Power Purchases from QFs Decisions (I.85-11-008)

    • I.85-11-008 November 6, 1985, 3 pages. Initial Order Instituting Investigation regarding the Commission's own motion into the desirability of power purchases from cogenerators and small power producers located outside of the purchaser's service area or outside of California.
    • D-88-04-070 in I.85-11-008, April 27, 1988, 11 pages. Order restructuring investigation to review on a case by case basis of out-of-service area QF interconnection to interties or other bulk transmission lines when such interconnection may result in the displacement of economy power.
    • D-88-09-067 in I.85-11-008, September 28, 1988, 2 pages. Denies SDG&E's application for rehearing and request for stay of D.88- 04-070.
    • D-89-08-035 in I.85-11-008, August 3, 1989, 6 pages. Order resolves petition of Yankee Caithness Joint Ventures for modification of D.88-04-070 and D.85-06-163.
    • D-90-08-046 in I.85-11-008, August 8, 1990, 51 pages. This order approved and adopted the settlement between Yankee Caithness Joint Ventures and SCE and dismissed with prejudice the petitions filed by Yankee.

    Research, Development & Demonstration Decisions (RD&D) R.87-10-13

    • R.87-10-013 October 16, 1987, 5 pages. Rulemaking proceeding on the Commission's own motion to revise the regulatory treatment of Research, Development and Demonstration (RD&D) in electric and gas industry.
    • D-89-06-048 in R.87-10-013, June 21, 1989, 17 pages. The order discussed the Commission activities in RD&D and issues a revised proposed Rule on RD&D for the energy utilities for comment.
    • D-90-09-045 in R.87-10-013, September 12, 1990, 21 pages. This decision ordered the respondent utilities, PG&E, SCE, SDG&E and SoCal Gas, and the Commission Advisory and Compliance Division (CACD) to develop a standardized format for the Annual Reports on RD&D required by the Commission. CACD is also ordered to report and conduct a workshop to explore incentives for utility RD&D programs.
    • D-90-12-083 in R.87-10-013, December 19, 1990, 8 pages. This decision adopted the standardized RD&D Annual Report Format, and ordered the CACD to report and conduct workshop to finalize detailed RD&D incentive proposal.
    • D-92-02-029 in R.87-10-013, February 5, 1992, 35 pages. This decision adopted the Standard Format of the Annual Report on Research, Development, and Demonstration for energy utilities to use in their annual report on RD&D.

    QF Contract Administration Decisions (R.88-06-007)

    • R.88-06-007 June 8, 1988, 57 pages. Order Instituting Rulemaking to establish guidelines for the administration of power purchase contracts between electric utilities and qualifying facilities (QFs).
    • D-88-10-032 in R.88-06-007, October 14, 1988, 57 pages. This order issues a final set of guidelines for the administration of standard offer contracts with qualifying facilities (QFs) by California utilities.
    • D-89-11-052 in R.88-06-007, November 22, 1989, 8 pages. This order dismissed without prejudice the petition for modification of D.88-10-032 filed by Hardwood Environmental Power Corporation.
    • D-91-05-007 In A.89-04-021, May 1991, 17 pages.
    This order approving interim efficiency monitoring programs proffered by SDG&E, SCE, and PG&E, relative to continued entitlement of qualifying facilities to avoided-cost payments.
    • D-91-08-036 In A.89-04-021, August 1991, 3 pages.
    This decision modifying D.91-05-007 to provide that energy utilities may recapture from cogeneration facilities payments made for power purchases during periods when a facility was not in compliance with performance standards, subject to a three-year limit on such back overpayments.
    • D-92-07-071 In A.89-04-021, July 22, 1992, 3 pages.
    This decision denied SDG&E and Agrico Cogeneration CO?s petition to modify D.91-05-007 and D.91-08-036. Both petitions seek changes to CPUC decision which set forth guidelines for utility payments to QFs that fail to comply with contractual commitments to meet federal efficiency standards.
    • See also prior listings under I.89-07-004:
      • D.93-01-048
      • D.94-05-018

    QF Contract Buyout Decisions

    Separate buyout applications have been approved by the CPUC including the following:


    • A.93-03-004 D.93-06-023 Smith River
    • A.95-01-033 D.95-07-004 SAI Soledad


    • A.94-11-046 D.95-04-057 Fish Lake
    • A.94-08-027 D.95-06-055 Union Oil


    • A.94-08-028 D.94-12-038 Bayside Cogeneration

    Publications Available from PG&E, SCE and SDG&E

    The publications listed below may be available at no charge from these utilities. You may also request to be placed on a mailing list for updates of these publications. Write to:

    Pacific Gas and Electric Company
    Supervising Engineer, Cogeneration and Solid Waste
    77 Beale Street
    San Francisco, CA 94106 (415) 972-1774

    Southern California Edison Company
    Cogeneration and Small Power Project Section
    2244 Walnut Grove Avenue, P. O. Box 800
    Rosemead, CA 91770 (818) 302-1419

    San Diego Gas and Electric Company
    Cogeneration Program Manager
    101 Ash Street, P. O. Box 1831
    San Diego, CA 92112(619) 699-5099

    1. Quarterly announcement of energy price updates.
    2. Standard Offers 1, 2, 3 and 4.
    3. Cogeneration and Small Power Projects, Quarterly Status Report.
    4. Energy Cost and Small Power Purchase Price Forecasts. Note that the availability of this material and frequency of updating by specific utilities is unknown.
    5. PG&E Special Reports
    6. Environmental Regulations Assistance Guide for Cogenerators and Small Power Producers in the PG&E Service Area, 1983.
    7. User Guide for Financial Analysis Program.
    8. This program is accessible through Control Data Corporation
    9. Cybernet Offices for the confidential use of QFs.
    10. SDF

    For more information on QF issues, see the QF Issues Homepage, or contact Wade McCartney, Energy Division, CPUC at 916-324-9010 or

    Last Modified: 1/10/2008

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