WEBVTT
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The feed
for this streaming event.
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Public
Utilities Commission
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the state October 22nd, 2020.
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President Batjer will
convene the meeting shortly.
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If you wish to speak during
the public comment period
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please press star one, unmute your phone
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and record your name and
organization would prompted.
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You'll be placed into a queue
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in the order in which
you identify yourself.
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When it comes time for you to speak,
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I will announce your
name and open your line.
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You will have two minutes to speak.
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To withdraw your
question, press star two.
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President Batjer, you may begin.
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Thank you operator and
good morning, everyone.
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We need to establish a quorum.
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So may I please ask the
agenda clerk to call the roll.
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Comissioner Shiroma.
Present.
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Commissioner Guzman Aceves.
Here.
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Comissioner Randolph.
Here.
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Comissioner Rechtschaffen.
Here.
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President Batjer.
I am here as well.
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Thank you, we have established a quorum.
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Welcome to the California
public utilities Commission.
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I'm calling this meeting
of October 22nd, 2020,
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public agenda item number 3473 to order.
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Due to the coronavirus pandemic
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and the shelter in place order,
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we are conducting today's
business meeting online
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and by remote participation.
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The meeting is live-streamed
on the CPUC's website.
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You can view the meeting
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at www.adminmonitored.com/CA/CPUC
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Closed captioning is available
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in English and Spanish
through the website.
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You can click on the green button
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to select your language of choice.
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That is on admin monitor.
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Public engagement is
critical to the CPUC process.
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If you wish to make a public comment,
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dial 808-857-1917.
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I'm sorry, we're getting
a little background noise,
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I apologize.
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Let me start that over again.
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If you would like to
make a public comment
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dial into (800) 857-1917
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and enter passcode
9899501 and press star one.
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You will be placed into a queue
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and the operator will take your name
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and information if appropriate.
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You will be called upon to speak
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when we get to the public
comment in today's agenda.
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If you encounter any difficulty
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calling into the public telephone line,
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please email
votingmeetinghelp all one word,
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votingmeetinghelp@cpuc.ca.gov.
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If you wish to make a public comment,
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and have already dialed in
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to the public comment telephone
line, please press star one
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to get into the public comments two.
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CPUC rules do not allow
for parties in proceedings
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to speak about open proceedings.
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The public can make comments
addressing items on the consent
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and regular agenda and
items not on the agenda.
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Please note that there
will not be public comment
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on any item on the closed
session agenda today.
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You will have two minutes.
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You will have two minutes to speak.
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You will hear a bell.
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You will hear a bell
sound when your time is up.
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Please be mindful of
other speakers in the queue
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and keep to your allotted time.
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We would appreciate that.
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With that guidance in mind,
I welcome today's speaker.
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I will turn now back to the operator
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to open the line for public comment.
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Operator.
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The public
comment line is now open.
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One moment while we
wait on our first comment.
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The first comment is from David McCord.
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Your line is now open.
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Hi, this is David McCord
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and I'm a rate payer and El Sorito.
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I'm following the new
proceeding to review and update
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MET energy metering rulemaking 2008020.
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Due to its nature,
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this proceeding is
coordinated with others,
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including those on
distributed energy resources.
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Distributed solar generation and storage
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both in front of the meter and behind it
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are indispensable
tools to assure resilience
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and resource adequacy
and the distribution grid
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and to avoid unnecessarily costs
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and line loss for long
distance transmission.
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So we need to incentivize
installation of solar
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and storage in our homes and businesses.
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The more, the better
within their need for power.
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I've noticed that in the current tariff,
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the one-time fee for interconnection
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of under one megabyte of
solar is between 75 and $145,
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depending on the utility,
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while the fee jumps to
$800 for anything larger.
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With increasing use of electric
stoves and other appliances
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plus charging of electric vehicles,
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I expect many homes to need
more power than a decade ago.
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The utilities trying to
discourage larger installations
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shame on them.
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Utilities could also
offer an additional option
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a feed in tariff for larger residential
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or small business mounted solar rays.
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Thank you.
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Thank you, Mr. McCord.
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Operator, the next caller, please.
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The next
caller is Patrick Carnes.
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Your line is now open.
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Madam president,
honorable Commissioners,
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I return to share a perspective
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of your constituent rate payers
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as expressed by a single
member of an advocacy group
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from the South Bay area.
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My perspective has been
developed from interaction
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with the administrative judicial system
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acting under the auspices of the CPUC,
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the Governor and the state legislature.
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Starting with a blank slate,
I have been driven to view
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the functioning of the CPUC
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as framed by an administrative
judiciary acquiescence
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to the tyranny of an irrational bias
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that promotes and
extends monopolistic power
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to the detriment of
California's public interest.
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In the interest of time,
I will cite two instances
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blocking or inhibiting
ratepayer participation
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in judicial proceedings.
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In the interest of time,
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the first is the rate payer complaint
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that was submitted to the Commission
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after an Administrative Law
Judge intimidated a rate payer
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who was a representative
in a proceeding with a utility
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and also was submitting
a witness testimony
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when he was intimidated by, as I say,
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involved ALJ that he better be careful
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not to practice law without a license.
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This was done at a time
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just proceeding submission
of documents and testimony
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that inhibited the representative
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to a point where he could not file
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and had to withdraw documents
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because he didn't want to get embroiled
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in a legal accusation and indictment.
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Very intimidating.
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Second proceeding occurred in Pari Passu
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with this intimidation
where the conversation
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with the party representative
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with the representative and
the representative for CPED
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just said, all I'm interested in
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is making sure I don't anger the judge
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and we don't bankrupt the utility.
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(beeping)
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Is that time or is that a warning?
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Yes, that's
your time is up.
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Could you just summarize very quickly?
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(indistinct)
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Thank you.
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Just one additional.
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Yeah, I am submitting this.
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So I will expand on this.
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And according to the previous speaker,
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the NEST energy efficiency program,
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in terms of where they're
getting their replacements
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NEST light bulb et
cetera, are all from China
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in terms of the ones
that I have received.
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And I don't think that this
is appropriate at this time
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during the corona crisis.
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Thank you for the
extra time, I apologize
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and I submit this respectfully
and will send it in writing.
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Thank you very much.
Thank you Mr. Kerns.
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Operator, the next caller please.
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I apologize.
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The next caller is Emily Ramirez.
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Your line is now open.
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The next caller is Emily Ramirez.
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Your line is now open.
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Ms. Ramirez, please
check your mute button.
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I apologize.
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Yeah, good morning.
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My name is Emily,
from Parlier, California.
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I want the Commissioner to
know that every step you take
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to help protect consumers
from their fraud is important.
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The companies IOU
should tell their clients
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that our energy bills will be changing
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because we got a notice
from such solar company.
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We need them to help
us better understand
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that our bills are going to change.
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Thank you.
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Thank you, Ms. Ramirez.
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Next caller,
please operator.
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The next caller
is Nora Salazar Hernandez.
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Your line is now open.
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Good morning all
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and thank you for the open comments.
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I just wanted to comment.
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I just got the document, so I
really did not have a chance
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to review everything.
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So I really can't
comment on it very much.
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Not enough time to
review the whole document.
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Thank you.
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Thank you.
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Operator, next caller, please.
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The next
caller is Ludus Medina.
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Your line is now open.
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Good morning Commissioners.
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Thank you for this opportunity.
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Regarding item six the
new citation program
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for interconnection.
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I strongly suggest that
you help us with a vote yes.
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Our consumers and
are not being protected.
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We are used to having our IOUs
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be our sole providers of energy,
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but now with the renewable
energy such as solar,
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we've fallen into a lack of
knowledge and experience
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with handling these matters.
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NEM is not common sense
for all of us or none of us maybe.
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And when this interconnection
is not being protected
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by at least our IOU to the
customer, where we fall short.
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This is just the first
step in many steps
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that needs to be taken to
protect consumers in California
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from solar fraud, for renewable
energy, that information
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and even though the
industry is trying to say
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that they're trying their
best, no, they are not.
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They're still big gap in information
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in languages, culturally adaptable
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and also understandable
for our communities.
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I, as a community organizer
for the last three years
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have been terrorized I
guess, with the information
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of lack of information to our
consumers who are migrants,
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monolingual or rural
area community members
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by their homes being
installed with solars
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and not understanding what NEM
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or even interconnection
means, or even just the language
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of what's going to happen from then on.
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So please, I request that you support us
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with this resolution, UEB04-004.
00:13:22.298 --> 00:13:25.710
Thank you.
Thank you, caller.
00:13:25.710 --> 00:13:27.493
Operator, the next caller please.
00:13:28.340 --> 00:13:30.853
I'm showing no
further callers at this time.
00:13:33.479 --> 00:13:35.350
Okay, thank you.
00:13:35.350 --> 00:13:37.580
With no more callers on the line,
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the public comment period is now closed.
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We'll move on into the
agenda or the agenda changes.
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These are the following
changes to today's agenda.
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Item number two will be held
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into the November 5th,
2020 Commission meeting.
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Item six will be taken up
with the regular agenda today.
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Item 10 will be held
until the November 19th,
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2020 Commission meeting.
00:14:07.440 --> 00:14:11.483
Item 24 will take up
with the Consent Agenda.
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Okay, we will now take
up the consent items.
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Is there a motion?
So moved.
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And a second.
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It has been moved and seconded.
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Will the agenda clerk
please call the roll.
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Comissioner Shiroma.
Aye.
00:14:34.437 --> 00:14:37.650
Commissioner Guzman Aceves.
Aye.
00:14:37.650 --> 00:14:39.580
Comissioner Randolph.
Yes.
00:14:41.914 --> 00:14:44.053
Comissioner Rechtschaffen.
Yes.
00:14:45.000 --> 00:14:47.860
President Batjer.
Yes.
00:14:47.860 --> 00:14:51.840
The Consent Agenda items
have passed unanimously.
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I believe Commissioner
Rechtschaffen
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you would like to make
remarks on a couple of the items,
00:14:56.240 --> 00:14:57.663
item number three.
00:14:59.752 --> 00:15:02.817
Just item number
three President Batjer.
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This decision approved
the transfer of funds
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within categories of our
self-generating incentive program.
00:15:14.440 --> 00:15:16.883
I just want to explain
a bit of what we did.
00:15:18.020 --> 00:15:20.420
It responds to really, what's been
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an overwhelming number of
applications filed for incentives
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in the budget category
or the program category
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that we refer to as the equity budget.
00:15:33.020 --> 00:15:36.667
This was created by
Commission decision in 2017
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and it's for projects for
low-income residential customers
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or non-residential customers
such as local governments,
00:15:47.476 --> 00:15:51.070
schools, nonprofits,
and small businesses
00:15:51.070 --> 00:15:54.770
that are located either in
disadvantaged communities
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or low income communities.
00:15:56.650 --> 00:15:59.290
This is different than the SJ program
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we're gonna be talking about
00:16:01.140 --> 00:16:03.150
on the regular agenda in item 18.
00:16:03.150 --> 00:16:06.690
That program is focused
on high fire threat areas
00:16:06.690 --> 00:16:08.673
and has higher incentive levels.
00:16:09.557 --> 00:16:10.830
That's the equity resilience budget.
00:16:10.830 --> 00:16:12.693
This is just the equity budget.
00:16:13.690 --> 00:16:15.322
When we established the program,
00:16:15.322 --> 00:16:20.322
we said incentive levels
that were not high enough
00:16:20.537 --> 00:16:22.240
to trigger participation.
00:16:22.240 --> 00:16:24.880
We had very, very little participation.
00:16:24.880 --> 00:16:27.510
We then increased the incentive amounts.
00:16:27.510 --> 00:16:29.620
And at the point when we did that,
00:16:29.620 --> 00:16:33.770
the budget for facilities
that were not homes
00:16:33.770 --> 00:16:38.010
the non-residential budget
had about $53 million available.
00:16:38.010 --> 00:16:40.090
And for the residential budget,
00:16:40.090 --> 00:16:42.513
it was about $32 million available.
00:16:43.810 --> 00:16:46.140
Right now, jointly the investor
00:16:46.140 --> 00:16:49.590
on utilities have a
waiting list of projects
00:16:49.590 --> 00:16:54.590
seeking over $300 million
for non-residential customers
00:16:55.130 --> 00:16:58.843
and about $20 million
for residential customers.
00:16:59.920 --> 00:17:02.930
In response to this situation,
we received a petition
00:17:02.930 --> 00:17:07.530
for modification by the
California Energy Storage Alliance
00:17:07.530 --> 00:17:10.730
that's sought to transfer more funding
00:17:10.730 --> 00:17:14.233
for the equity budget for
this category of projects.
00:17:15.183 --> 00:17:20.183
And we are transferring
$100 million in this decision
00:17:21.980 --> 00:17:24.600
to non-residential equity projects
00:17:24.600 --> 00:17:28.023
and 8.5 million in
residential equity projects.
00:17:29.690 --> 00:17:31.140
This won't meet all the demand
00:17:31.140 --> 00:17:35.370
as I indicated this over
$300 million waiting lists
00:17:35.370 --> 00:17:37.660
for the non-residential customers
00:17:37.660 --> 00:17:39.960
but it will fund a significant portion
00:17:39.960 --> 00:17:42.350
of those non-residential projects.
00:17:42.350 --> 00:17:46.020
And it will fund nearly all
of the residential projects
00:17:46.020 --> 00:17:49.750
that are are currently on the wait list.
00:17:49.750 --> 00:17:54.082
We also in this decision
imposed a limit of $5 million
00:17:54.082 --> 00:17:57.350
in incentives per applicant.
00:17:57.350 --> 00:18:02.130
This is designed to ensure
that more individual cities
00:18:02.130 --> 00:18:03.940
and counties and other entities
00:18:04.810 --> 00:18:06.350
can participate in S chips
00:18:06.350 --> 00:18:08.710
so that the incentives are not taken up
00:18:08.710 --> 00:18:11.093
just by one applicant.
00:18:12.950 --> 00:18:15.850
The category where we took the money
00:18:15.850 --> 00:18:17.810
out of the large scale storage budget,
00:18:17.810 --> 00:18:20.460
that budget does
not have a waiting list.
00:18:20.460 --> 00:18:24.320
It has enough funds in
order to make this transfer.
00:18:24.320 --> 00:18:25.560
I should point out though
00:18:25.560 --> 00:18:30.080
and this is indicative of the
intense interest in S chips
00:18:30.080 --> 00:18:31.950
we're seeing across the board.
00:18:31.950 --> 00:18:34.340
We are starting to see more applications
00:18:34.340 --> 00:18:39.093
in this general non-residential
storage category as well.
00:18:40.240 --> 00:18:44.290
And in part, that's because
some of the facilities
00:18:44.290 --> 00:18:49.290
in this category qualify
for a resiliency adder
00:18:49.820 --> 00:18:52.602
for projects in high fire threat areas
00:18:52.602 --> 00:18:56.810
of those with two or more PS events.
00:18:56.810 --> 00:18:59.120
This is not again the
equity resilience budget
00:18:59.120 --> 00:19:01.002
we're going to talk about later.
00:19:01.002 --> 00:19:01.835
We have a bunch of different categories
00:19:01.835 --> 00:19:04.500
but the bottom line is we're
seeing a lot of participation.
00:19:04.500 --> 00:19:07.820
We're seeing that as S chips
fills a very important need.
00:19:07.820 --> 00:19:09.610
And the term picture here
00:19:09.610 --> 00:19:14.520
is we hope that the
incentives we're providing now
00:19:14.520 --> 00:19:17.140
will pave the way for
storage installations
00:19:18.080 --> 00:19:20.720
to continue for the
market to be transformed.
00:19:20.720 --> 00:19:23.990
And as customers gain more
familiarity with the technology
00:19:23.990 --> 00:19:25.720
and the benefits of storage
00:19:25.720 --> 00:19:27.740
and its applications
will continue to grow
00:19:27.740 --> 00:19:31.937
even as our programming
and incentive to phase out.
00:19:32.901 --> 00:19:36.437
Thank you.
00:19:36.437 --> 00:19:39.520
Okay, thank you
Commissioner Rechtschaffen.
00:19:39.520 --> 00:19:42.250
I believe that Commissioner
Guzman Aceves
00:19:42.250 --> 00:19:44.263
would like to speak to item four.
00:19:45.250 --> 00:19:46.820
Yes, thank you
President Batjer.
00:19:46.820 --> 00:19:48.950
I'll speak to item four
and eight together.
00:19:48.950 --> 00:19:52.570
They're both surcharge resolutions
00:19:52.570 --> 00:19:55.750
for some of our
telecommunications program.
00:19:55.750 --> 00:19:58.340
And first I wanna start
by thanking our staff
00:19:58.340 --> 00:20:00.750
who worked so hard on doing this math.
00:20:00.750 --> 00:20:04.963
On the high cost fund, a Helix
Roblas and Hannah Steiner
00:20:04.963 --> 00:20:07.680
and on the California
advanced service fund
00:20:07.680 --> 00:20:09.593
Selena Long and Angela Yang.
00:20:10.450 --> 00:20:13.160
One of the things I just
want to continue to raise
00:20:13.160 --> 00:20:16.960
for all of us and the public
and ultimately the legislature
00:20:16.960 --> 00:20:20.880
is that over the past few years,
we've really acknowledged
00:20:20.880 --> 00:20:25.650
that the Commission has been
seeing a negative repercussions
00:20:25.650 --> 00:20:29.300
from having the type of
surcharge structure that we have,
00:20:29.300 --> 00:20:32.518
which is a voice based
surcharge collection
00:20:32.518 --> 00:20:35.740
to fund our public purpose programs.
00:20:35.740 --> 00:20:38.990
This is also called the
interest state revenues
00:20:38.990 --> 00:20:43.050
because we have the
voice service jurisdiction.
00:20:43.050 --> 00:20:46.940
And not only has it
been declining rapidly
00:20:46.940 --> 00:20:51.040
for legitimate reasons on why
people are using more data.
00:20:51.040 --> 00:20:53.730
We're texting, we're using applications
00:20:53.730 --> 00:20:57.663
like the one we're on today,
social media, et cetera.
00:20:58.670 --> 00:21:03.530
But addition to the
revenue being voice-based,
00:21:03.530 --> 00:21:08.100
the determination of how
much of it is voice versus data
00:21:08.100 --> 00:21:10.890
is determined by the
carriers themselves.
00:21:10.890 --> 00:21:15.150
So it's a declining source of revenue
00:21:15.150 --> 00:21:17.430
and it's a volatile source
00:21:17.430 --> 00:21:21.400
that we are in this constant catch-up.
00:21:21.400 --> 00:21:23.740
We're doing these annual adjustments
00:21:23.740 --> 00:21:26.470
and I wanna highlight in particular
00:21:26.470 --> 00:21:28.480
how negative that impact has been
00:21:28.480 --> 00:21:31.040
for the California
advanced service fund.
00:21:31.040 --> 00:21:34.480
Even with this resolution
to adjust the revenue
00:21:34.480 --> 00:21:36.850
to kind of adjust for the formula,
00:21:36.850 --> 00:21:38.950
we're going to end up seeing at minimum,
00:21:38.950 --> 00:21:43.010
over $77 million of under collections
00:21:43.010 --> 00:21:45.890
for the California
advanced service fund.
00:21:45.890 --> 00:21:48.050
That means that even
though the legislature
00:21:48.050 --> 00:21:52.453
authorized to collect
over 330 million by 2020,
00:21:53.523 --> 00:21:57.033
we will only attain at the most, 252.
00:21:58.150 --> 00:22:00.270
This is a huge problem.
00:22:00.270 --> 00:22:02.180
We need surcharge reform.
00:22:02.180 --> 00:22:05.640
We need to do, there've been suggestions
00:22:05.640 --> 00:22:08.743
obviously the 911 surcharge
with one was also reform
00:22:08.743 --> 00:22:13.743
to be a customer based,
not this voice versus data
00:22:15.286 --> 00:22:19.570
false structure that's
been set up for us.
00:22:19.570 --> 00:22:24.560
So, anyhow, I just wanted
to really reiterate this need
00:22:24.560 --> 00:22:28.470
for surcharge reform and
the need to really stabilize
00:22:28.470 --> 00:22:31.220
the revenues for these
public purpose programs
00:22:31.220 --> 00:22:33.280
so we don't fall short of the goals
00:22:33.280 --> 00:22:37.300
that the legislature has
actually set forth for us to meet.
00:22:37.300 --> 00:22:38.290
So I really look forward
00:22:38.290 --> 00:22:40.530
to working with the
legislature this year
00:22:40.530 --> 00:22:42.320
to attain those reforms.
00:22:42.320 --> 00:22:43.153
Thank you.
00:22:54.500 --> 00:22:55.793
President Batjer, you're muted.
00:22:57.680 --> 00:22:58.760
Sorry, sorry.
00:22:58.760 --> 00:23:00.170
Thank you Martha.
00:23:00.170 --> 00:23:03.240
Thank you for speaking
on item four and item eight,
00:23:03.240 --> 00:23:04.440
very important.
00:23:04.440 --> 00:23:07.510
And I now turned to Commissioner Shiroma
00:23:07.510 --> 00:23:09.493
who wishes to speak on item 24.
00:23:11.150 --> 00:23:12.410
Thank you, President Batjer.
00:23:12.410 --> 00:23:15.263
Good morning everybody
and thank you for your vote
00:23:15.263 --> 00:23:20.263
to appoint Jessica Lim to
the low income oversight board
00:23:20.750 --> 00:23:24.583
as the electrical gas
utility representative.
00:23:25.420 --> 00:23:28.099
Jessica is the principal manager
00:23:28.099 --> 00:23:31.750
for Southern California
Edison's income qualified
00:23:31.750 --> 00:23:33.810
customer programs behind the meter
00:23:33.810 --> 00:23:38.280
customer generation programs
and customer care solutions.
00:23:38.280 --> 00:23:39.900
She also serves on the board
00:23:39.900 --> 00:23:42.310
of the Asian Pacific Community Fund,
00:23:42.310 --> 00:23:45.880
which serves over 700,000
people through a network
00:23:45.880 --> 00:23:49.980
of 56 nonprofit agencies
in Southern California.
00:23:49.980 --> 00:23:54.390
78% of them of which
are considered low income.
00:23:54.390 --> 00:23:57.490
Additionally, Jessica serves
on the education committee
00:23:57.490 --> 00:24:00.657
for the North American
smart energy week.
00:24:00.657 --> 00:24:02.930
This is solar power international
00:24:02.930 --> 00:24:04.743
and energy storage international,
00:24:05.610 --> 00:24:08.100
as well as she's a member
of the advisory committee
00:24:08.100 --> 00:24:09.930
for the utilities conference
00:24:09.930 --> 00:24:12.540
through the Smart
Electric Power Alliance.
00:24:12.540 --> 00:24:14.817
Ms. Lin also serves as a member
00:24:14.817 --> 00:24:17.000
for the Association of Women
00:24:17.000 --> 00:24:19.500
in Water, Energy and Environment,
00:24:19.500 --> 00:24:21.293
as well as serving as an advisor
00:24:21.293 --> 00:24:24.200
to the Asian Employee Resource Group.
00:24:24.200 --> 00:24:25.960
After the counseling innocence,
00:24:25.960 --> 00:24:27.836
she brings a wealth of
experience to this role
00:24:27.836 --> 00:24:30.410
and I look forward to working with her
00:24:30.410 --> 00:24:32.730
on the low income oversight board.
00:24:32.730 --> 00:24:33.563
Thank you.
00:24:44.210 --> 00:24:45.860
President Batjer, you're muted.
00:24:47.410 --> 00:24:48.890
Sorry.
00:24:48.890 --> 00:24:50.439
All right sorry.
00:24:50.439 --> 00:24:52.130
I've got to pay better attention today.
00:24:52.130 --> 00:24:53.730
Thank you, Commissioner Shiroma.
00:24:54.950 --> 00:24:57.377
We now will take up
the regular agenda items
00:24:57.377 --> 00:25:00.690
and the first item is item number six
00:25:02.110 --> 00:25:05.460
and I would like to turn
to the consumer protection
00:25:05.460 --> 00:25:08.973
and enforcement division to
introduce resolution UED-004
00:25:11.540 --> 00:25:13.340
for discussion today.
00:25:13.340 --> 00:25:15.560
Jeanette Lowe and Marna Anning
00:25:15.560 --> 00:25:18.120
will be presenting on
behalf of the division.
00:25:18.120 --> 00:25:20.363
Jeanette, please proceed.
00:25:22.080 --> 00:25:23.380
Thank you, Commissioner.
00:25:26.810 --> 00:25:29.160
Support, could we have
00:25:29.160 --> 00:25:31.110
the PowerPoint presentation up, please.
00:25:37.770 --> 00:25:39.370
We're having
difficulty hearing you.
00:25:39.370 --> 00:25:41.973
Have you moved your mute button perhaps?
00:25:43.730 --> 00:25:47.420
Is this is better?
Yes, I can hear you now.
00:25:47.420 --> 00:25:48.870
Okay, thank you.
00:25:48.870 --> 00:25:50.040
Good morning.
00:25:50.040 --> 00:25:51.630
Good morning Commissioners.
00:25:51.630 --> 00:25:53.080
Good morning, President Batjer.
00:25:53.080 --> 00:25:56.060
Thank you for this
opportunity to present item six
00:25:56.060 --> 00:25:58.060
for your consideration.
00:25:58.060 --> 00:26:03.060
Before we get to the
details of the citation program
00:26:03.900 --> 00:26:07.440
in the next slide I
want to briefly talk about
00:26:07.440 --> 00:26:09.240
what got us here in the first place.
00:26:10.770 --> 00:26:11.853
Next slide, please.
00:26:16.700 --> 00:26:20.940
There are many issues
that were reflected
00:26:20.940 --> 00:26:25.890
in the 1809 that affected consumers
00:26:25.890 --> 00:26:29.000
especially consumers in
vulnerable communities
00:26:29.000 --> 00:26:30.750
and those related to issues
00:26:30.750 --> 00:26:33.570
about aggressive marketing tested,
00:26:33.570 --> 00:26:37.535
pressure to sign
contracts, false advertising,
00:26:37.535 --> 00:26:39.143
misleading marketing.
00:26:40.090 --> 00:26:44.140
Solar transactions
are already complicated
00:26:44.140 --> 00:26:45.720
in the (indistinct)
00:26:45.720 --> 00:26:49.830
And so there's a higher
burden for disclosures
00:26:49.830 --> 00:26:52.090
and consumer education
00:26:52.090 --> 00:26:54.150
to actually make them understand
00:26:54.150 --> 00:26:56.070
what they're buying into.
00:26:56.070 --> 00:26:59.110
And these are longterm purchasing
00:26:59.110 --> 00:27:01.760
and hardware they're already installed
00:27:02.608 --> 00:27:06.060
in properties that are
now subject to lien.
00:27:06.060 --> 00:27:08.020
So the Commission was right
00:27:08.020 --> 00:27:12.040
in recognizing that these
consumer concerns are important
00:27:12.040 --> 00:27:13.950
and must be addressed.
00:27:13.950 --> 00:27:18.950
These predatory behaviors
and other complaints
00:27:19.140 --> 00:27:23.660
relating to harming
permanently, in some cases
00:27:23.660 --> 00:27:27.120
the credit ratings of
vulnerable communities
00:27:27.120 --> 00:27:30.440
that did not understand
what they're getting into
00:27:30.440 --> 00:27:34.400
in the first place are
very valuable concerns.
00:27:34.400 --> 00:27:38.120
And so what we're trying
to do in the citation program,
00:27:38.120 --> 00:27:39.203
next slide please,
00:27:40.060 --> 00:27:44.853
is to address those
concerns in a systematic way.
00:27:51.600 --> 00:27:53.850
I'm waiting for the
next slide to show up
00:27:53.850 --> 00:27:55.313
so that we can follow.
00:27:58.640 --> 00:28:03.640
So in early this year, we were
directed by the Commission
00:28:03.826 --> 00:28:05.470
to propose a citation program
00:28:05.470 --> 00:28:08.288
to implement the consumer protection
00:28:08.288 --> 00:28:10.520
and the document requirements
00:28:10.520 --> 00:28:13.560
that the Commission
itself already adopted.
00:28:13.560 --> 00:28:17.770
So we did that within the
required 90-day timeframe.
00:28:17.770 --> 00:28:22.210
We had parties participate,
provide comments, reply comments
00:28:22.210 --> 00:28:27.210
and revise a draft resolution
to reflect those comments.
00:28:27.410 --> 00:28:30.190
And because of the requests from parties
00:28:30.190 --> 00:28:32.570
for more open discussions
00:28:32.570 --> 00:28:35.040
about what we've had in division one,
00:28:35.040 --> 00:28:37.560
we held a public workshop
00:28:37.560 --> 00:28:39.860
and we made revisions
to that public workshop.
00:28:40.848 --> 00:28:45.310
And I will reconcile
those revisions later
00:28:45.310 --> 00:28:47.680
after my colleague Marna Anning
00:28:47.680 --> 00:28:51.083
presents the actual citation
program and the citation.
00:28:52.540 --> 00:28:57.540
But in the next slide, I want
to present the primary goals
00:28:57.620 --> 00:29:01.113
that EED had in establishing
the citation program.
00:29:02.100 --> 00:29:05.700
What we wanted to do with
the requirement in the first place
00:29:05.700 --> 00:29:10.190
that IOU the IMC Steven track,
00:29:10.190 --> 00:29:12.250
the very information that the Commission
00:29:12.250 --> 00:29:14.513
already deemed necessary to protect me.
00:29:15.510 --> 00:29:18.110
And these are still the consumer guide,
00:29:18.110 --> 00:29:20.920
disclosure statements,
(indistinct) stations
00:29:20.920 --> 00:29:24.320
and other parents
actually transaction details.
00:29:24.320 --> 00:29:27.340
But at the same time,
what we wanted to establish
00:29:27.340 --> 00:29:32.340
is a mechanism but actually
deters continuing wrongdoing
00:29:32.631 --> 00:29:35.630
by the solar providers.
00:29:35.630 --> 00:29:37.810
So what we're trying to create
00:29:37.810 --> 00:29:42.810
it's not only a one-way
compliance paradigm with the IAO.
00:29:45.257 --> 00:29:48.100
But we also want to create a mechanism
00:29:48.100 --> 00:29:51.723
that draws in the third party
into this compliant model.
00:29:53.936 --> 00:29:55.660
So the next slide.
00:29:55.660 --> 00:29:57.440
I wanna explain the rationale
00:29:57.440 --> 00:30:01.550
for why you structured the
citation program in this manner.
00:30:01.550 --> 00:30:04.910
First of all, we wanted
any citation program
00:30:04.910 --> 00:30:09.910
to have a streamlined
way of eliciting compliance.
00:30:11.150 --> 00:30:13.131
But at the same time
we want to accommodate
00:30:13.131 --> 00:30:17.090
the interconnection process
00:30:17.090 --> 00:30:20.560
and the speed of that
interconnection process
00:30:20.560 --> 00:30:25.560
by not burdening the
detailed review for access
00:30:28.160 --> 00:30:33.160
of every single data
in the documentation.
00:30:33.350 --> 00:30:35.280
So how do we balance that?
00:30:35.280 --> 00:30:40.280
We balanced that by
requiring a cognition
00:30:40.660 --> 00:30:45.660
that IOU received the document
that the Commission decision
00:30:45.680 --> 00:30:47.600
intended for them to receive.
00:30:48.555 --> 00:30:51.070
What that means is, it's not sufficient
00:30:51.070 --> 00:30:55.173
to just have a notation
that you received something,
00:30:56.570 --> 00:30:59.020
but at least a minimum acknowledgement
00:30:59.020 --> 00:31:01.990
that you received the access station,
00:31:01.990 --> 00:31:06.423
the consumer disclosure and
the consumer guide, et cetera.
00:31:07.690 --> 00:31:12.690
So not only does this provide
us with affirmative structure
00:31:13.020 --> 00:31:16.810
that can monitor compliance
with those required documents.
00:31:16.810 --> 00:31:20.150
It allows CPB and other
governmental agencies
00:31:20.150 --> 00:31:22.520
if we share them to have information
00:31:22.520 --> 00:31:26.723
to address consumer complaints
and inform our investigation.
00:31:27.940 --> 00:31:30.730
Now, based on this information,
00:31:30.730 --> 00:31:33.107
we can then create a monitoring tool
00:31:34.070 --> 00:31:37.970
that can identify providers,
solar providers are asking
00:31:37.970 --> 00:31:41.510
who are continually not complying
00:31:42.551 --> 00:31:44.290
with submitting the required document.
00:31:44.290 --> 00:31:46.500
So here I hand this off to Marna Anning
00:31:46.500 --> 00:31:50.970
to discuss the actual
elements of the citation program
00:31:50.970 --> 00:31:51.833
and the citation.
00:31:56.550 --> 00:31:57.900
Good morning Commissioners.
00:31:57.900 --> 00:31:58.843
Can you hear me?
00:32:00.380 --> 00:32:01.580
Yes, we can Marna.
00:32:01.580 --> 00:32:02.853
Thank you go ahead.
00:32:04.050 --> 00:32:06.930
Thank you,
Commissioner Batjer.
00:32:06.930 --> 00:32:11.670
There are four elements in
the proposed citation program.
00:32:11.670 --> 00:32:16.670
The solar transaction
record, compliance report,
00:32:16.814 --> 00:32:21.200
suspension of noncompliant providers
00:32:21.200 --> 00:32:24.670
and a suspended applicants list.
00:32:24.670 --> 00:32:28.610
So the solar transaction
record is an online portal
00:32:28.610 --> 00:32:32.740
that we developed in
collaboration with the IOUs
00:32:32.740 --> 00:32:37.350
to gather all of the
documents and disclosures
00:32:37.350 --> 00:32:39.710
that are required by the decision.
00:32:39.710 --> 00:32:41.510
Essentially, it's an administrative tool
00:32:41.510 --> 00:32:45.040
that allows us to efficiently collect
00:32:45.040 --> 00:32:47.060
and obtain the documents needed
00:32:47.060 --> 00:32:51.530
to follow up on complaints
or investigations.
00:32:51.530 --> 00:32:56.530
The compliance reports allow
staff to track and take action
00:32:58.530 --> 00:33:01.390
for providers that are
chronically non-compliant,
00:33:01.390 --> 00:33:05.713
chronically not providing
the guide to customers.
00:33:07.040 --> 00:33:12.040
The suspension mechanism
allows us to suspend providers
00:33:12.310 --> 00:33:16.620
who are consistently not
uploading the correct documents.
00:33:16.620 --> 00:33:19.890
And the applicant lists assist consumers
00:33:19.890 --> 00:33:24.890
and companies by informing customers
00:33:25.170 --> 00:33:26.880
and companies of providers
00:33:26.880 --> 00:33:30.163
who do not have internet
connection access.
00:33:32.850 --> 00:33:33.900
Next slide, please
00:33:38.250 --> 00:33:40.210
Essentially, all of the elements
00:33:40.210 --> 00:33:43.220
were developed from the decisions.
00:33:43.220 --> 00:33:45.756
And so the solar transaction record
00:33:45.756 --> 00:33:50.756
developed from the decision the 1809-04
00:33:51.550 --> 00:33:56.550
requirements for the
utilities to collect and store,
00:33:57.432 --> 00:34:02.432
track and store the
information in their portals
00:34:03.830 --> 00:34:07.230
for the utilities to modify the portals
00:34:07.230 --> 00:34:09.530
to collect that information
00:34:09.530 --> 00:34:11.650
and also incorporating the requirements
00:34:11.650 --> 00:34:16.650
as the 2002-011 including
the assets stations
00:34:17.360 --> 00:34:18.853
in the audit trail document.
00:34:20.060 --> 00:34:22.410
The compliance reporting
was likewise developed
00:34:22.410 --> 00:34:25.890
from the 1809-044 requirement
00:34:25.890 --> 00:34:28.358
to track and store the document,
00:34:28.358 --> 00:34:33.358
also to collect the necessary
licenses from the providers
00:34:34.360 --> 00:34:36.170
and for staff to monitor
00:34:36.170 --> 00:34:38.680
interconnection application information
00:34:38.680 --> 00:34:40.320
to ensure that the correct information
00:34:40.320 --> 00:34:43.450
is being uploaded to the portal.
00:34:43.450 --> 00:34:46.394
The suspension
mechanism and the providers
00:34:46.394 --> 00:34:51.394
are developed from D20
requirements for CPD mechanisms
00:34:53.600 --> 00:34:57.910
to ensure that the correct
documents are being collected
00:34:57.910 --> 00:35:01.733
and to ensure that we
can access the information
00:35:01.733 --> 00:35:06.360
and to ensure that
providers are following
00:35:06.360 --> 00:35:10.183
or uploading the correct
documents to the portal.
00:35:12.670 --> 00:35:13.603
Next slide please.
00:35:16.920 --> 00:35:21.920
So the following are the
citations that we'd receive
00:35:22.880 --> 00:35:27.833
from the violations of the
requirements in the program.
00:35:29.120 --> 00:35:31.380
For an incomplete SDR,
00:35:31.380 --> 00:35:34.870
it would be $1,000
dollars per violation.
00:35:34.870 --> 00:35:39.183
For failing to provide
a quarterly report,
00:35:40.230 --> 00:35:42.760
it would be $1,000 dollars per violation
00:35:42.760 --> 00:35:46.340
and $1,000 for each day
the violation continues.
00:35:46.340 --> 00:35:51.200
For failing to issue a
suspension warning notice
00:35:53.001 --> 00:35:56.240
to an applicant that is
chronically non-compliant
00:35:56.240 --> 00:36:01.240
to give the applicant opportunity
to come into compliance,
00:36:01.557 --> 00:36:05.563
the citation is $5,000 per violation.
00:36:06.490 --> 00:36:08.610
The citation is hired
because we recognize
00:36:08.610 --> 00:36:13.240
the importance of notifying
providers who are noncompliant
00:36:13.240 --> 00:36:15.520
and providing them an opportunity
00:36:15.520 --> 00:36:18.963
if noncompliance is due
to the administrative error.
00:36:19.890 --> 00:36:22.040
The same with the notice of suspension.
00:36:22.040 --> 00:36:26.517
Again, chronic non-compliant
providers who not upload
00:36:28.560 --> 00:36:31.000
we wanted to provide
them with an opportunity.
00:36:31.000 --> 00:36:35.730
And so failure to notify them
or give them the notice issues
00:36:35.730 --> 00:36:40.270
a 5,000 per day of
pre-incident violation.
00:36:40.270 --> 00:36:43.093
And $1,000 per day for the violations.
00:36:46.160 --> 00:36:48.830
Failing to suspend future
interconnection assets
00:36:48.830 --> 00:36:53.830
for not uploading the correct document
00:36:55.290 --> 00:36:56.470
chronically not providing
00:36:56.470 --> 00:36:59.200
the correct documents to customers,
00:36:59.200 --> 00:37:04.151
chronically not providing
the correct information
00:37:04.151 --> 00:37:05.950
as part of the
interconnection application
00:37:05.950 --> 00:37:07.889
the consumer protection information,
00:37:07.889 --> 00:37:12.889
failing to suspend the
$10,000 per violation
00:37:14.150 --> 00:37:17.680
and $5,000 for each day
the chronically non-compliant
00:37:17.680 --> 00:37:22.680
or applicant continued to
remain accessible to the portal.
00:37:31.320 --> 00:37:34.840
We also believe that the
defendant applicant list
00:37:34.840 --> 00:37:38.540
is highly important
to protect consumers.
00:37:38.540 --> 00:37:42.170
The signed applicant
list has two components.
00:37:42.170 --> 00:37:43.570
One, placement on the list
00:37:43.570 --> 00:37:47.148
and two, generating and maintaining
00:37:47.148 --> 00:37:48.977
and reporting the list to CPB.
00:37:50.070 --> 00:37:51.647
CPB does make the decision
00:37:51.647 --> 00:37:56.090
as to whether or not an
applicant is placed on the list.
00:37:56.090 --> 00:37:59.140
However, the IOU generally maintain
00:37:59.140 --> 00:38:02.680
and report that list to CCD,
00:38:02.680 --> 00:38:06.606
which then gets published
on the TPC website.
00:38:06.606 --> 00:38:10.460
So failing to provide information
00:38:10.460 --> 00:38:13.160
regarding applicants who
should be placed on the list,
00:38:14.150 --> 00:38:17.540
both generates a $5,000 violation
00:38:17.540 --> 00:38:20.733
and $1,000 each day,
the violation precedes.
00:38:22.230 --> 00:38:23.180
Next slide, please.
00:38:27.960 --> 00:38:29.786
Thank you Marna.
00:38:29.786 --> 00:38:34.153
So when we issued a revised one,
00:38:35.480 --> 00:38:40.161
there are many issues that
the parties wanted to discuss.
00:38:40.161 --> 00:38:42.840
And so we held a workshop
to give them ample opportunity
00:38:42.840 --> 00:38:46.120
to hear the structure
of the citation program
00:38:46.120 --> 00:38:47.423
and propose alternative.
00:38:48.620 --> 00:38:52.320
Only counsel proposed an
alternative during the workshop
00:38:52.320 --> 00:38:53.900
and in its comments.
00:38:53.900 --> 00:38:57.440
And they proposed to expand the audit
00:38:57.440 --> 00:38:59.253
in lieu of a citation program.
00:39:00.220 --> 00:39:04.720
The IOU expressed
concerns about liability
00:39:04.720 --> 00:39:08.640
and delays in interconnection,
00:39:08.640 --> 00:39:13.640
concerns about being the
approver of the compliance plan
00:39:14.129 --> 00:39:17.940
that is required in the
citation program and such.
00:39:17.940 --> 00:39:21.023
So we addressed some of
the concerns in the next slide.
00:39:24.160 --> 00:39:28.210
I wanna talk about the CPU's position
00:39:28.210 --> 00:39:30.364
and addressing some of these concerns.
00:39:30.364 --> 00:39:33.760
Council's proposal to expand spot audit
00:39:33.760 --> 00:39:38.760
from 100 to 1,000
while in general it's good
00:39:39.760 --> 00:39:42.600
because it advances the
consumer protection goals
00:39:42.600 --> 00:39:45.668
and the Commission in general,
00:39:45.668 --> 00:39:50.150
CPD does not believe that
it's an adequate substitute
00:39:50.150 --> 00:39:51.400
for the citation program.
00:39:52.800 --> 00:39:57.230
We don't think that it turns
effect of increased scrutiny,
00:39:57.230 --> 00:40:00.500
which is what that proposal is based on
00:40:00.500 --> 00:40:04.530
will adequately deter continued
wrongdoing by applicants
00:40:04.530 --> 00:40:06.260
or solar providers.
00:40:06.260 --> 00:40:08.880
And so what we think
00:40:08.880 --> 00:40:12.200
it's an actual carrot
and stick structure,
00:40:12.200 --> 00:40:15.850
is the actually threatened extension
00:40:15.850 --> 00:40:18.200
of interconnection access.
00:40:18.200 --> 00:40:23.200
Now, while that sounds
wrong, I wanna highlight
00:40:24.289 --> 00:40:27.168
that the citation program
provides ample opportunity
00:40:27.168 --> 00:40:31.487
for providers to really want to comply
00:40:31.487 --> 00:40:32.510
to actually come back to comply.
00:40:32.510 --> 00:40:37.510
To comply in time so that
they won't be suspended
00:40:39.750 --> 00:40:41.990
from the interconnection assets.
00:40:41.990 --> 00:40:46.810
So this is not a draconian
way to simply suspend that.
00:40:46.810 --> 00:40:51.810
It is a structure that allows
a well-meaning compliant,
00:40:52.250 --> 00:40:55.180
or willing to comply solar providers
00:40:55.180 --> 00:40:58.210
to come into compliance
and not be suspended.
00:40:58.210 --> 00:41:00.960
But at the same time
provide the structure
00:41:00.960 --> 00:41:02.817
that allows the permission
00:41:02.817 --> 00:41:07.230
to suspend those who
are habitually not compliant.
00:41:07.230 --> 00:41:10.270
And what do we mean
by habitual or chronic?
00:41:10.270 --> 00:41:12.400
In the structure of the citation around,
00:41:12.400 --> 00:41:15.850
those are identified solar providers
00:41:15.850 --> 00:41:18.439
who have noncompliant applications
00:41:18.439 --> 00:41:22.553
that are 5% of its total applications.
00:41:26.030 --> 00:41:29.450
In addition, we believe
that house's proposal
00:41:29.450 --> 00:41:31.480
based on collect and transmit
00:41:32.470 --> 00:41:37.470
does not up could be 1809
permits of track and store.
00:41:38.640 --> 00:41:43.030
And what we mean by that
is the condition foundings
00:41:43.030 --> 00:41:45.672
consider documentation to be important.
00:41:45.672 --> 00:41:50.473
And required the IOU
to collect and track them.
00:41:52.120 --> 00:41:56.440
We believe that that tracking
requires an acknowledgement
00:41:56.440 --> 00:41:59.630
that you actually need to
see the intended document.
00:41:59.630 --> 00:42:02.740
Not that you received a document.
00:42:02.740 --> 00:42:06.736
So council proposal based
on collect and transmit,
00:42:06.736 --> 00:42:10.770
is a more passive, non affirmative model
00:42:10.770 --> 00:42:12.634
of receiving something.
00:42:12.634 --> 00:42:16.040
And so even in their
ultimate citation program,
00:42:16.040 --> 00:42:18.630
what they're saying is
we can swipe the IOD,
00:42:18.630 --> 00:42:19.973
if they didn't receive it.
00:42:20.980 --> 00:42:25.980
But if they receive something
and if it's totally unrelated
00:42:26.010 --> 00:42:29.220
to the intended
document, that they'll pay.
00:42:29.220 --> 00:42:32.433
And what CPDs position, it is not okay.
00:42:33.858 --> 00:42:36.560
If the Commission had
intended to protect consumers
00:42:36.560 --> 00:42:38.830
with the document we've acquired,
00:42:38.830 --> 00:42:42.190
we would like to put
the IOD at a minimum.
00:42:42.190 --> 00:42:44.433
These have received
the intended documents.
00:42:45.610 --> 00:42:49.914
Nonetheless, we support the
expansion of the audit program
00:42:49.914 --> 00:42:53.020
in tandem with a citation program,
00:42:53.020 --> 00:42:54.380
because in general we believe
00:42:54.380 --> 00:42:57.370
that add to the
continuous protection goals
00:42:57.370 --> 00:43:00.820
but not in place of
the citation program.
00:43:00.820 --> 00:43:03.800
In addition, CPD now is the approver
00:43:03.800 --> 00:43:05.992
of the required compliance plans
00:43:05.992 --> 00:43:10.992
that are submitted by the
applicant to not be suspended
00:43:11.580 --> 00:43:14.390
in the prior revision warning.
00:43:14.390 --> 00:43:18.040
We designed it such
that the IOU approve it
00:43:18.880 --> 00:43:23.170
sent it to us, that we
won't issue a suspension.
00:43:23.170 --> 00:43:25.020
We would lift the suspension warning.
00:43:26.700 --> 00:43:28.790
We acknowledge the IOU concern
00:43:28.790 --> 00:43:33.790
about certain liability exposure.
00:43:33.916 --> 00:43:36.946
While we might not
fully agree with the extent
00:43:36.946 --> 00:43:41.010
that that liability exposures
to reduce that concern,
00:43:41.010 --> 00:43:45.470
CPD will take on the role of
approving the compliance plan
00:43:45.470 --> 00:43:47.433
to avert any suspension.
00:43:48.920 --> 00:43:50.640
In addition in the revision too,
00:43:50.640 --> 00:43:53.540
we clarify certain circumstances
00:43:53.540 --> 00:43:58.310
that CPD would consider
as noncompliant or compliant
00:43:58.310 --> 00:44:01.120
which are subject to the
citation on what's going on.
00:44:01.120 --> 00:44:05.770
This is on the IOD receiving
a better understanding
00:44:05.770 --> 00:44:08.460
of how to implement
the citation program.
00:44:08.460 --> 00:44:12.200
And finally, we added
attending grace period
00:44:12.200 --> 00:44:14.480
from the date of the suspension is noted
00:44:14.480 --> 00:44:15.840
if we actually issue one
00:44:15.840 --> 00:44:19.240
and remember, that's after
having issued a warning first
00:44:20.199 --> 00:44:21.290
giving them an opportunity to ask
00:44:21.290 --> 00:44:23.300
and file the compliance plan
00:44:23.300 --> 00:44:25.763
that only contains three items.
00:44:26.630 --> 00:44:28.225
What happened?
00:44:28.225 --> 00:44:30.980
How are you gonna address what happened
00:44:30.980 --> 00:44:33.786
for noncompliance, and
how are you gonna change
00:44:33.786 --> 00:44:37.480
your processes such that going forward
00:44:37.480 --> 00:44:39.953
you're gonna be submitting
the required documents.
00:44:42.330 --> 00:44:43.930
After the filing,
00:44:43.930 --> 00:44:47.180
if they still don't follow
the compliance plan
00:44:47.180 --> 00:44:52.180
and we issue a
suspension notice to the IOU
00:44:53.460 --> 00:44:56.920
that suspension will not
take effect until after 10 days.
00:44:56.920 --> 00:44:59.920
Again, that's another grace
period that we're providing
00:44:59.920 --> 00:45:01.193
providing the providers.
00:45:02.027 --> 00:45:04.184
So the providers to the extent
00:45:04.184 --> 00:45:05.666
that they really intend to comply,
00:45:05.666 --> 00:45:06.960
there are many opportunities.
00:45:06.960 --> 00:45:10.480
And so overall, I think
our citation program
00:45:11.620 --> 00:45:15.180
complies with the
requirements or with the direction
00:45:15.180 --> 00:45:18.200
from the Commission to
enforce the requirements
00:45:18.200 --> 00:45:20.800
in the named decision.
00:45:20.800 --> 00:45:22.760
We feel that it's an adequate
00:45:22.760 --> 00:45:26.050
and a strong mechanism to both
00:45:26.050 --> 00:45:29.900
and this is compliance with IOU
00:45:29.900 --> 00:45:34.730
as well deter non-compliance
from solar providers.
00:45:34.730 --> 00:45:36.030
And at the same time,
00:45:36.030 --> 00:45:40.827
it's streamlined enough to
make a citation program work
00:45:40.827 --> 00:45:42.733
from a ministerial perspective.
00:45:44.286 --> 00:45:48.010
With that, I'd like to thank
Marna for her presentation
00:45:48.010 --> 00:45:52.140
but open the question,
answers to the Commission.
00:45:52.140 --> 00:45:55.710
Thank you very much
Jeanette and Marna.
00:45:55.710 --> 00:45:56.950
That was extremely helpful.
00:45:56.950 --> 00:45:59.444
I asked that this item be moved
00:45:59.444 --> 00:46:03.960
to the regular agenda from consent.
00:46:03.960 --> 00:46:06.160
And I'd like to begin by saying
00:46:06.160 --> 00:46:08.790
that I very much
appreciate the hard work
00:46:08.790 --> 00:46:10.380
that the consumer protection
00:46:10.380 --> 00:46:12.610
and enforcement division has put
00:46:12.610 --> 00:46:15.420
in developing and
refining this resolution.
00:46:15.420 --> 00:46:17.630
It's very evident by the presentation
00:46:17.630 --> 00:46:22.630
that Jeanette and Marna just gave.
00:46:22.641 --> 00:46:27.596
Without a doubt, there are
bad actors in the solar industry
00:46:27.596 --> 00:46:30.790
who have defrauded some of our state's
00:46:30.790 --> 00:46:32.610
most vulnerable residents.
00:46:32.610 --> 00:46:35.060
I've personally heard troubling stories
00:46:35.060 --> 00:46:38.170
and I'm strongly in favor of measures
00:46:38.170 --> 00:46:40.000
to prevent this from happening
00:46:40.000 --> 00:46:42.300
and to punish those responsible.
00:46:42.300 --> 00:46:44.440
Predatory behavior is unacceptable
00:46:44.440 --> 00:46:46.730
and I commend Commissioner Guzman Aceves
00:46:46.730 --> 00:46:50.580
for her incredible leadership
and rooting out fraud
00:46:50.580 --> 00:46:53.500
and protecting the
consumers of California.
00:46:53.500 --> 00:46:56.200
I wanna take the opportunity
to discuss this resolution
00:46:56.200 --> 00:46:57.950
with the other Commissioners today
00:46:57.950 --> 00:46:59.500
because I do have concerns
00:46:59.500 --> 00:47:02.150
with the proposed enforcement approach.
00:47:02.150 --> 00:47:03.620
These are concerns I have discussed
00:47:03.620 --> 00:47:06.410
with my Begley keen partner,
Commissioner Shiroma
00:47:06.410 --> 00:47:09.510
and I'm sure she will
share her views as well.
00:47:09.510 --> 00:47:11.211
Before I go into my concerns
00:47:11.211 --> 00:47:14.030
I wanted to briefly review again,
00:47:14.030 --> 00:47:17.940
the timeline of our relevant
consumer protection actions.
00:47:17.940 --> 00:47:21.660
In late 2018, the Commission
put in place requirements
00:47:21.660 --> 00:47:24.570
with utilities modify their
interconnection portals
00:47:24.570 --> 00:47:28.700
to track and store newly
required solar documentation
00:47:28.700 --> 00:47:32.710
for contracts signed
after October, 2019.
00:47:32.710 --> 00:47:34.590
In may of this year,
we received the results
00:47:34.590 --> 00:47:39.390
of the first semi-annual spot
audits of those requirements.
00:47:39.390 --> 00:47:43.200
In February of this year, we
modified the 2018 decisions
00:47:43.200 --> 00:47:45.134
to require that additional documentation
00:47:45.134 --> 00:47:48.283
be uploaded to the
interconnection portal.
00:47:49.250 --> 00:47:52.410
The implementation of these
requirements was delayed
00:47:52.410 --> 00:47:55.987
until the end of the year
of last month for PGNE
00:47:55.987 --> 00:48:00.987
and for Edison and until
January 21 for SDGNE.
00:48:01.930 --> 00:48:03.710
I raised this because it ties
00:48:03.710 --> 00:48:07.293
into one of my principle
concerns with this program.
00:48:08.430 --> 00:48:11.280
We don't have enough
information, I don't believe
00:48:11.280 --> 00:48:14.230
to know whether a
citation program is needed
00:48:14.230 --> 00:48:17.300
on top of our existing
fraud protections.
00:48:17.300 --> 00:48:19.482
So far, the utilities have complied
00:48:19.482 --> 00:48:23.830
with the portal upgrade and
spot audit requirements to date
00:48:23.830 --> 00:48:26.943
and are working to implement
our recent 2020 decisions.
00:48:28.938 --> 00:48:31.480
Just to be clear, the February
decision does not require
00:48:31.480 --> 00:48:33.690
that we put a citation program in place.
00:48:33.690 --> 00:48:38.270
It simply provided the
opportunity for one to be proposed.
00:48:38.270 --> 00:48:41.030
With that said, my
concerns with this resolution
00:48:41.030 --> 00:48:43.010
fall into two main areas.
00:48:43.010 --> 00:48:44.710
First, I'm concerned that this program
00:48:44.710 --> 00:48:47.650
could cause significant
interconnection delays
00:48:47.650 --> 00:48:51.270
which would harm all behind
the meter solar and storage,
00:48:51.270 --> 00:48:53.920
residential customers
00:48:53.920 --> 00:48:56.380
whether it be through
the delayed backup power
00:48:56.380 --> 00:49:01.050
or the millions of annually
lost customer billing savings
00:49:01.050 --> 00:49:02.410
during that period.
00:49:02.410 --> 00:49:04.150
And second again, as I just mentioned,
00:49:04.150 --> 00:49:07.670
I'm concerned that adding an
additional layer of bureaucracy
00:49:07.670 --> 00:49:12.260
is premature and would
not be more effective
00:49:12.260 --> 00:49:16.640
at deterring fraud than our
current enforcement approach.
00:49:16.640 --> 00:49:18.370
With regard to my first concern
00:49:18.370 --> 00:49:20.680
on delays in the interconnection,
00:49:20.680 --> 00:49:24.220
utilities have credibly stated
that the threat of penalties
00:49:24.220 --> 00:49:26.710
means that there is a defacto obligation
00:49:26.710 --> 00:49:30.320
for them to manually
review each application
00:49:30.320 --> 00:49:32.740
to ensure they will not be penalized
00:49:32.740 --> 00:49:36.870
as there would be no
way, no way clear way
00:49:36.870 --> 00:49:39.400
to automate the process.
00:49:39.400 --> 00:49:41.010
So while the resolution may state
00:49:41.010 --> 00:49:44.540
there is not an obligation
to review each document,
00:49:44.540 --> 00:49:47.650
utilities risk aversion
as we know it well
00:49:47.650 --> 00:49:50.380
means they will take the
most conservative approach
00:49:50.380 --> 00:49:54.820
to compliance to avoid the
penalty in terms of delays.
00:49:54.820 --> 00:49:56.810
The average utility reviewed time
00:49:56.810 --> 00:50:00.270
for residential interconnection
of a system right now
00:50:00.270 --> 00:50:02.640
is one to three days,
00:50:02.640 --> 00:50:04.330
with the utilities processing
00:50:04.330 --> 00:50:06.840
thousands of applications monthly.
00:50:06.840 --> 00:50:10.160
This process is the result
of years of progress made
00:50:10.160 --> 00:50:13.920
among many stakeholders in
our interconnection proceedings
00:50:13.920 --> 00:50:17.600
to streamline and
standardize the process.
00:50:17.600 --> 00:50:20.350
The utilities were took
them back to manual review
00:50:20.350 --> 00:50:22.490
of the additional documentation.
00:50:22.490 --> 00:50:24.215
They estimate that the applications
00:50:24.215 --> 00:50:26.980
could take up to 30 days to process.
00:50:26.980 --> 00:50:29.330
Even a shorter delay would still result
00:50:29.330 --> 00:50:33.940
in customers losing out on
millions of dollars annually
00:50:33.940 --> 00:50:37.150
in bill savings or the
chance to back up their home
00:50:37.150 --> 00:50:39.393
with clean energy during an outage.
00:50:40.630 --> 00:50:43.340
In addition the utilities
would also have to hire
00:50:43.340 --> 00:50:45.810
additional staff to
conduct manual reviews,
00:50:45.810 --> 00:50:48.630
passing along millions
of dollars in costs
00:50:48.630 --> 00:50:50.670
to our rate payers each year.
00:50:50.670 --> 00:50:51.990
I also want to note
00:50:51.990 --> 00:50:56.360
that any obligation to review
each document explicit or not
00:50:56.360 --> 00:50:58.810
is contrary to the
Commission's direction.
00:50:58.810 --> 00:51:03.693
In our 2018 decision, directs
the our clients decisions
00:51:07.372 --> 00:51:08.290
directs utilities to track
and store these documents
00:51:08.290 --> 00:51:11.690
as part of the customer's
interconnections information
00:51:11.690 --> 00:51:14.210
so that these documents can be reviewed
00:51:14.210 --> 00:51:17.510
or compliance by the
utilities during spot audits.
00:51:17.510 --> 00:51:20.330
However, that same decision also states
00:51:20.330 --> 00:51:23.907
that "The utilities are not
required to manually view
00:51:23.907 --> 00:51:26.997
"uploaded documents as
part of the interconnection
00:51:26.997 --> 00:51:29.676
"application review process."
00:51:29.676 --> 00:51:32.140
This was included for a reason.
00:51:32.140 --> 00:51:33.800
We understood that manual review
00:51:33.800 --> 00:51:36.913
would lead to unacceptable
interconnection delays.
00:51:37.830 --> 00:51:39.780
To put these delays in the context
00:51:39.780 --> 00:51:41.800
of challenges we are facing today,
00:51:41.800 --> 00:51:44.260
the legislature just last week
00:51:44.260 --> 00:51:46.290
our root cause analysis hearing
00:51:46.290 --> 00:51:49.820
encouraged us to speed up
the interconnection process
00:51:49.820 --> 00:51:52.630
even further to ensure
that our state's residents
00:51:52.630 --> 00:51:56.513
can deploy clean, backup
power as quickly as possible.
00:51:57.370 --> 00:52:01.030
My second concern is
connected to my first.
00:52:01.030 --> 00:52:02.270
I'm also concerned
00:52:02.270 --> 00:52:04.170
that while this program
would cause delays,
00:52:04.170 --> 00:52:06.630
it's not clear would actually enhance
00:52:06.630 --> 00:52:08.835
our ability to serve fraud.
00:52:08.835 --> 00:52:11.950
Specifically, the resolution
only requires utilities
00:52:11.950 --> 00:52:15.160
to verify that the correct
consumer protection documents
00:52:15.160 --> 00:52:17.600
are uploaded, not that the documents
00:52:17.600 --> 00:52:20.760
are filled out accurately or signed.
00:52:20.760 --> 00:52:23.830
As a result, an installer
could theoretically
00:52:23.830 --> 00:52:26.173
forge signatures on documentation.
00:52:26.173 --> 00:52:30.430
And as long as they're uploaded
the correct document type
00:52:30.430 --> 00:52:32.160
the utilities would be in compliance
00:52:32.160 --> 00:52:33.750
with the citation program
00:52:33.750 --> 00:52:36.456
and the bad actor
would not be identified.
00:52:36.456 --> 00:52:41.130
This issue is known and the
resolution doesn't address it.
00:52:41.130 --> 00:52:43.960
Per the original consumer
protection decision,
00:52:43.960 --> 00:52:46.100
utilities are already required
00:52:46.100 --> 00:52:50.090
to collect consumer protection
documents at interconnection,
00:52:50.090 --> 00:52:53.840
perform semi-annual spot
checks on these documents
00:52:53.840 --> 00:52:55.740
and provide their findings
00:52:55.740 --> 00:52:58.210
to the contractor state license board
00:52:59.118 --> 00:53:01.130
to support its enforcement
and disciplinary actions
00:53:01.130 --> 00:53:04.870
against contractors that
operate without a valid license
00:53:04.870 --> 00:53:08.880
or fail to ensure consumer verification.
00:53:08.880 --> 00:53:11.255
It is appropriate to refer such cases
00:53:11.255 --> 00:53:14.510
to the contractor state license board
00:53:14.510 --> 00:53:18.610
as it is the agency that licenses
and regulates contractors
00:53:18.610 --> 00:53:22.810
and has the authority to
revoke a contractor's license.
00:53:22.810 --> 00:53:25.300
Additionally, utilities have updated
00:53:25.300 --> 00:53:26.950
their interconnection portals
00:53:26.950 --> 00:53:30.053
to make it impossible for contractors
00:53:30.053 --> 00:53:34.133
without a valid license
number to submit an application.
00:53:35.160 --> 00:53:38.420
Given that these protections
were just recently implemented,
00:53:38.420 --> 00:53:40.650
we don't yet know
the size of the problem
00:53:40.650 --> 00:53:43.520
with complete
interconnection applications.
00:53:43.520 --> 00:53:45.314
Y'all know lack of good data,
00:53:45.314 --> 00:53:49.480
we simply don't know
whether incomplete applications
00:53:49.480 --> 00:53:51.233
correlate with fraud.
00:53:52.080 --> 00:53:54.690
While we must absolutely
continue to collect
00:53:54.690 --> 00:53:56.250
consumer protection documents,
00:53:56.250 --> 00:53:59.100
and refer those solar providers
00:53:59.100 --> 00:54:01.640
to the contractor state license board,
00:54:01.640 --> 00:54:04.220
I am not convinced that
we have enough information
00:54:04.220 --> 00:54:07.480
to justify a program that
could put a solar company
00:54:07.480 --> 00:54:09.430
and that may forget,
00:54:09.430 --> 00:54:13.530
a solar company who perhaps
could forget to upload a form
00:54:13.530 --> 00:54:16.320
on utility supervise
corrective action plan,
00:54:16.320 --> 00:54:21.320
particularly because most
fraud occur far upstream
00:54:22.040 --> 00:54:24.550
from the interconnection process.
00:54:24.550 --> 00:54:27.110
In closing, my concern
with this resolution
00:54:27.110 --> 00:54:30.580
isn't because I don't think
there is a fraud problem
00:54:30.580 --> 00:54:32.340
that needs to be addressed,
00:54:32.340 --> 00:54:33.930
but because this problem strikes me
00:54:33.930 --> 00:54:36.150
as premature and misplaced.
00:54:36.150 --> 00:54:37.660
We simply don't have the data
00:54:37.660 --> 00:54:39.150
to know the extent of the program.
00:54:39.150 --> 00:54:41.140
Without that, we can't know
00:54:41.140 --> 00:54:43.940
whether targeting
the utility's compliance
00:54:43.940 --> 00:54:46.955
with document collection
will prevent the fraud
00:54:46.955 --> 00:54:49.550
at the point of sale.
00:54:49.550 --> 00:54:51.380
In other words, way upstream
00:54:51.380 --> 00:54:53.820
from the interconnection process.
00:54:53.820 --> 00:54:57.070
There may be other programs
that can achieve the goals.
00:54:57.070 --> 00:54:59.420
The goal without the negative impact
00:54:59.420 --> 00:55:00.540
to all the customers
00:55:00.540 --> 00:55:03.210
that I would be very
open to considering,
00:55:03.210 --> 00:55:05.863
but I don't think this
proposal gets us there.
00:55:06.770 --> 00:55:09.060
And finally, I'd like to remind
my fellow Commissioners
00:55:09.060 --> 00:55:12.340
that even if the citation
program is not adopted,
00:55:12.340 --> 00:55:15.160
the ordering paragraphs
in the relevant decision
00:55:15.160 --> 00:55:17.133
must still be followed by the utilities.
00:55:17.133 --> 00:55:20.960
Consumer protection
documents will still be collected.
00:55:20.960 --> 00:55:23.260
Semi-annual audits will proceed
00:55:23.260 --> 00:55:26.800
and the contractor's state
license board in conjunction
00:55:26.800 --> 00:55:29.900
with the CPUC staff
will still be empowered
00:55:29.900 --> 00:55:32.530
to revoke the licenses
of solar providers
00:55:32.530 --> 00:55:34.520
who don't follow the rules.
00:55:34.520 --> 00:55:36.550
I would like to thank everyone
00:55:36.550 --> 00:55:40.430
for the hard work that
has gone into this difficult
00:55:40.430 --> 00:55:42.200
and complicated issue,
00:55:42.200 --> 00:55:45.070
and for staff and stakeholders
continued commitment
00:55:45.070 --> 00:55:46.333
to consumer protection.
00:55:47.240 --> 00:55:50.591
So with that, I will turn to
my fellow Commissioners.
00:55:50.591 --> 00:55:53.530
Commissioner Shiroma, I
think you had some comments
00:55:53.530 --> 00:55:55.163
that you wanted to give.
00:55:58.220 --> 00:56:00.683
Yes, thank you
President Batjer.
00:56:02.240 --> 00:56:07.190
I support the sentiments
expressed by President Batjer
00:56:07.190 --> 00:56:10.900
and I'd like to share a
few additional thoughts.
00:56:10.900 --> 00:56:13.920
I do want to thank Laura Medina
00:56:13.920 --> 00:56:18.920
who I served with on the
low income oversight board.
00:56:18.970 --> 00:56:22.039
She talked about needing protection
00:56:22.039 --> 00:56:25.260
from the sorts of predatory activities,
00:56:25.260 --> 00:56:27.590
protection from the IOUs.
00:56:28.552 --> 00:56:33.320
I agree with that sentiment.
00:56:33.320 --> 00:56:37.097
What I don't agree with,
in terms of the resolution
00:56:37.097 --> 00:56:42.097
is that this citation program
would accomplish that.
00:56:42.160 --> 00:56:47.160
Now, I think we have CPED
with an almost impossible mission.
00:56:51.017 --> 00:56:56.017
Impossible because of
the jurisdictional issues
00:57:00.400 --> 00:57:04.540
and really because
of jurisdictional issues
00:57:04.540 --> 00:57:06.763
with the contractor
state licensing board,
00:57:08.014 --> 00:57:12.080
they had to practically what I think
00:57:12.080 --> 00:57:15.800
is accomplish a proposed workaround.
00:57:15.800 --> 00:57:20.351
Again, I share the resolution concerns
00:57:20.351 --> 00:57:21.830
about fraudulent solar practices.
00:57:21.830 --> 00:57:23.840
It's just unconscionable.
00:57:23.840 --> 00:57:28.000
But the legislature has
clearly designated in the garner
00:57:28.000 --> 00:57:31.577
that the responsibility
for policing such practices
00:57:31.577 --> 00:57:35.617
rests with the contractor
state license board.
00:57:35.617 --> 00:57:40.060
It has the authority
to sanction contractors
00:57:40.060 --> 00:57:41.810
for misrepresenting their work
00:57:41.810 --> 00:57:44.540
or engaging in unprofessional conduct.
00:57:44.540 --> 00:57:46.720
And they are the ones who can suspend
00:57:46.720 --> 00:57:50.240
or revoke their licenses to do business.
00:57:50.240 --> 00:57:52.960
We don't have that direct authority.
00:57:52.960 --> 00:57:56.400
And so the political situation
00:57:56.400 --> 00:57:58.980
is rather than able to
work within those bounds,
00:57:58.980 --> 00:58:01.310
which is not our authority,
00:58:01.310 --> 00:58:04.151
to me and the resolution
attempts to work around
00:58:04.151 --> 00:58:09.151
by penalizing the utilities
who have not been accused
00:58:09.660 --> 00:58:13.650
of the wrong doing,
but potentially here,
00:58:13.650 --> 00:58:18.440
for the imperfect
performance of clerical duties.
00:58:18.440 --> 00:58:20.040
Now, I'm uncomfortable again
00:58:20.040 --> 00:58:21.800
with this jurisdiction of work around
00:58:21.800 --> 00:58:26.800
and even if the proposal were to have
00:58:27.040 --> 00:58:30.463
the potential to prevent
fraud and I don't see it,
00:58:32.297 --> 00:58:35.570
the citation program
would only require utilities
00:58:35.570 --> 00:58:38.170
to verify as President Batjer said,
00:58:38.170 --> 00:58:41.960
the crux set of documents are uploaded.
00:58:41.960 --> 00:58:45.440
Not that the documents
are filled out accurately
00:58:45.440 --> 00:58:47.633
or signed appropriately.
00:58:49.310 --> 00:58:52.640
I cannot see how
considering unsigned forms
00:58:52.640 --> 00:58:54.830
would be acceptable documents
00:58:54.830 --> 00:58:59.150
would effectively enforce
consumer protection requirements.
00:58:59.150 --> 00:59:03.150
Again, I really want to
continue to emphasize,
00:59:03.150 --> 00:59:04.869
I feel like we gave CPEB
00:59:04.869 --> 00:59:08.310
an almost impossible assignment here.
00:59:08.310 --> 00:59:12.070
I'd also like to underscore
as in President Batjer has,
00:59:12.070 --> 00:59:13.950
that Commission has a distinct
00:59:13.950 --> 00:59:16.940
enforcement approach in place already
00:59:16.940 --> 00:59:21.940
whereby utilities perform
semi annual spot audits,
00:59:21.960 --> 00:59:26.570
report the results to the
contractor's state license board
00:59:26.570 --> 00:59:29.520
for investigation and potential revoking
00:59:29.520 --> 00:59:31.467
of contractor's licenses.
00:59:31.467 --> 00:59:36.467
This approach was first
implemented in late 2019,
00:59:38.210 --> 00:59:40.950
and we have not received results
00:59:40.950 --> 00:59:43.993
from the first complete
semi annual period.
00:59:44.870 --> 00:59:47.520
I agree with President
Batjer that further information
00:59:47.520 --> 00:59:50.610
about the efficacy
of the existing regime
00:59:50.610 --> 00:59:55.610
that we've outlined is
needed before adopting a new,
00:59:57.660 --> 00:59:59.780
really what comes across
00:59:59.780 --> 01:00:02.690
as an administratively
burdensome citation program
01:00:03.540 --> 01:00:07.095
that only indirectly
targets the real wrongdoers
01:00:07.095 --> 01:00:12.030
through implementation
of our existing framework
01:00:12.030 --> 01:00:14.464
our existing person approach,
01:00:14.464 --> 01:00:19.464
and while new, I think that
we will learn much more
01:00:19.860 --> 01:00:22.313
about whether improvements needed.
01:00:23.360 --> 01:00:26.280
I'm hopeful that there will be
consensus among the parties
01:00:27.130 --> 01:00:32.083
in energy division staff about
those areas for improvement.
01:00:33.392 --> 01:00:37.100
Some of this was
alluded to at the workshop,
01:00:37.100 --> 01:00:41.230
ideas about increasing the
number of in-depth audits
01:00:41.230 --> 01:00:45.320
from the current 600
per year to 6,000 per year.
01:00:45.320 --> 01:00:47.910
The use of a more risk-based approach
01:00:47.910 --> 01:00:50.640
to choose which applications to audit.
01:00:50.640 --> 01:00:53.814
For example we could focus the audits
01:00:53.814 --> 01:00:56.640
on developers that a
history of a contractor
01:00:56.640 --> 01:00:58.470
state license board complaints
01:00:58.470 --> 01:01:02.910
or issues identified
in past utility audits.
01:01:02.910 --> 01:01:05.750
When we could require
that every geographical area
01:01:06.720 --> 01:01:09.100
and climate zone be
included in the audit
01:01:09.100 --> 01:01:09.990
to ensure we're getting
01:01:09.990 --> 01:01:14.790
a representative cross
section of the state.
01:01:14.790 --> 01:01:16.360
Improvements like these
01:01:16.360 --> 01:01:18.560
combined with our continued engagement
01:01:18.560 --> 01:01:21.500
with the contract and
state licensing board
01:01:21.500 --> 01:01:24.870
in the solar inter agency task force
01:01:24.870 --> 01:01:29.870
could prove to be an
effective deterrent to fraud.
01:01:29.880 --> 01:01:33.854
I feel that the proposal before us today
01:01:33.854 --> 01:01:38.854
has significant drawbacks
interconnection delays.
01:01:43.010 --> 01:01:47.810
What I feel is really an
ineffective citation program
01:01:48.790 --> 01:01:52.450
the jurisdictional overreach
with our sister agency
01:01:53.290 --> 01:01:57.190
and the prospect of
increasing bureaucracy.
01:01:57.190 --> 01:02:02.190
So again, I know these
are heavy words for our staff.
01:02:04.530 --> 01:02:07.023
I feel like we gave
you an impossible task.
01:02:08.070 --> 01:02:11.320
I support rejecting this proposal,
01:02:11.320 --> 01:02:13.640
going back to the drawing board.
01:02:13.640 --> 01:02:15.720
Once we have the audit results,
01:02:15.720 --> 01:02:19.770
and determine whether
anything else need to be done
01:02:20.709 --> 01:02:24.880
from the CPEC perspective
01:02:25.750 --> 01:02:30.750
or whether there needs to
be even more coordination
01:02:30.880 --> 01:02:33.780
through the inter-agency task force
01:02:33.780 --> 01:02:37.680
and to work hand in hand
with our sister agency,
01:02:37.680 --> 01:02:40.740
the contract of state licensing board.
01:02:40.740 --> 01:02:41.573
Thank you.
01:02:43.780 --> 01:02:46.290
Thank you,
Commissioner Shiroma.
01:02:46.290 --> 01:02:49.133
Would anyone else like to
speak on item number six?
01:02:53.400 --> 01:02:54.233
Oh, I'm sorry.
01:02:54.233 --> 01:02:55.310
Commissioner Randolph.
01:02:58.460 --> 01:03:01.631
Thank you, President Batjer
and Commissioner Shiroma.
01:03:01.631 --> 01:03:06.631
I have some of the same
concerns that you articulated
01:03:06.830 --> 01:03:09.420
particularly because I do feel like this
01:03:09.420 --> 01:03:12.110
is as Commissioner Shiroma described it,
01:03:12.110 --> 01:03:16.730
it's a workaround for an
imperfect regulatory structure
01:03:16.730 --> 01:03:21.720
where we have authority over the IOUs
01:03:21.720 --> 01:03:24.990
and then the contractors
state licensing board
01:03:24.990 --> 01:03:28.070
has authority over
the solar contractors.
01:03:28.070 --> 01:03:33.070
And so we end up with
this odd gap in jurisdiction.
01:03:33.634 --> 01:03:38.634
And I think the requirement
for the spot audits
01:03:41.852 --> 01:03:46.170
is a helpful way to
hopefully get a picture
01:03:46.170 --> 01:03:50.780
of if the IO user
keeping an eye on these,
01:03:50.780 --> 01:03:55.250
whether or not these forms
are filed fully and completely
01:03:56.230 --> 01:03:59.550
that the contractors are
complying with the rules.
01:03:59.550 --> 01:04:02.640
And if not the contractor
state licensing board
01:04:02.640 --> 01:04:03.813
can get involved.
01:04:05.271 --> 01:04:10.090
But I agree with the perspective
01:04:10.090 --> 01:04:14.806
that giving that structured
time to work its way through
01:04:14.806 --> 01:04:16.840
makes logical sense.
01:04:16.840 --> 01:04:20.950
And then we can circle back
and revisit this in the future.
01:04:20.950 --> 01:04:25.140
Although I'm concerned
that it's gonna be challenging
01:04:25.140 --> 01:04:30.140
to really build a robust
enforcement structure
01:04:31.270 --> 01:04:32.710
without some legislative help
01:04:32.710 --> 01:04:37.540
to really kind of clarify
that these solar providers
01:04:38.731 --> 01:04:41.800
could use some more direct oversight
01:04:41.800 --> 01:04:45.700
with regard to protection of consumers
01:04:45.700 --> 01:04:50.700
from fraudulent contracts
and aggressive marketing.
01:04:53.910 --> 01:04:56.600
So in some I share the concern
01:04:56.600 --> 01:04:59.170
that as Comissioner Shiroma said,
01:04:59.170 --> 01:05:04.170
maybe we have given the
staff and the working group folks
01:05:04.780 --> 01:05:06.250
kind of an impossible task.
01:05:06.250 --> 01:05:08.190
And maybe we need
to eat to set this aside
01:05:08.190 --> 01:05:10.963
and take a look at it a
little bit more in the future.
01:05:14.500 --> 01:05:15.720
Thank you,
Commissioner Randolph.
01:05:15.720 --> 01:05:18.594
I believe Comissioner Guzman Aceves
01:05:18.594 --> 01:05:21.480
had her hand up.
01:05:21.480 --> 01:05:22.693
I've lost the screen.
01:05:24.232 --> 01:05:26.730
Yes, thank you
President Batjer.
01:05:26.730 --> 01:05:31.380
Well, needless to say,
I am very disappointed
01:05:31.380 --> 01:05:33.200
in the perspective that you've shared.
01:05:33.200 --> 01:05:36.000
I think I know that
you shared the concern
01:05:36.000 --> 01:05:37.428
for the customers.
01:05:37.428 --> 01:05:42.428
There was a piece of
maybe a clarification
01:05:43.180 --> 01:05:44.610
that I think is really important.
01:05:44.610 --> 01:05:47.623
You've all referenced the
rules that we put in place.
01:05:49.529 --> 01:05:51.030
And there's a saying in Spanish called,
01:05:51.030 --> 01:05:54.460
that they came from
the indigenous people
01:05:54.460 --> 01:05:57.570
that were conquered
by the Spanish that say
01:05:57.570 --> 01:06:00.670
(speaking Spanish)
01:06:00.670 --> 01:06:02.410
Which is I'm gonna follow the rules.
01:06:02.410 --> 01:06:03.743
I'm not gonna comply.
01:06:04.860 --> 01:06:06.780
And it's really what
I'm seeing today here
01:06:06.780 --> 01:06:10.150
is that you're all referencing
these rules that exist
01:06:11.500 --> 01:06:13.903
but you're not willing to enforce them.
01:06:15.860 --> 01:06:20.200
You're not creating new
rules with this resolution.
01:06:20.200 --> 01:06:24.063
We're proposing a citation
mechanism for the rules.
01:06:25.570 --> 01:06:28.520
And please, the contractor
state licensing board
01:06:28.520 --> 01:06:31.090
is very supportive.
01:06:31.090 --> 01:06:34.460
They have been with us every which way,
01:06:34.460 --> 01:06:37.933
asking us to cut these contractors off.
01:06:40.420 --> 01:06:41.663
We have done a lot.
01:06:42.910 --> 01:06:45.100
We've put in these rules,
01:06:45.100 --> 01:06:47.630
but they're not all being enforced.
01:06:47.630 --> 01:06:52.130
Yes, having the contractor
state licensing requirement
01:06:52.130 --> 01:06:53.377
went a long way.
01:06:56.640 --> 01:06:59.523
The board just gave us
recent members to date.
01:07:00.560 --> 01:07:05.560
In 2015, there were
279 complaints annually.
01:07:05.570 --> 01:07:08.020
This year alone, not
even to the end of the year,
01:07:09.111 --> 01:07:10.493
there's 843 complaints.
01:07:11.820 --> 01:07:15.410
That's over 100 a month,
five times what we had
01:07:15.410 --> 01:07:16.363
five years ago.
01:07:19.300 --> 01:07:23.293
The contractor state licensing
board wants this partnership.
01:07:25.610 --> 01:07:30.173
This is an enforcement
program of an existing rule.
01:07:31.180 --> 01:07:33.680
If we're gonna reference our rule,
01:07:33.680 --> 01:07:37.623
if we believe in our rules,
then let's enforce them.
01:07:39.130 --> 01:07:43.023
We have an environmental
and social justice action plan.
01:07:44.290 --> 01:07:48.963
We said in that rule, we're
gonna develop action 6.11.
01:07:49.800 --> 01:07:53.160
We're gonna develop residential rooftop
01:07:53.160 --> 01:07:55.343
solar consumer protection measures.
01:07:56.210 --> 01:07:58.230
We're not gonna develop them in vain.
01:07:58.230 --> 01:07:59.563
We wanna enforce them.
01:08:03.690 --> 01:08:08.010
I'm not sure if there's some
clarification with that point
01:08:08.010 --> 01:08:13.010
but when people say there's these rules,
01:08:13.460 --> 01:08:14.550
that's what we're talking about.
01:08:14.550 --> 01:08:16.550
We're talking about enforcing the rules.
01:08:18.100 --> 01:08:20.810
We're not talking about new things.
01:08:20.810 --> 01:08:24.050
Well, the concern that
there's gonna be a delay
01:08:24.050 --> 01:08:29.050
because we're enforcing our
rules, that's a valid concern.
01:08:30.110 --> 01:08:31.620
When I spoke to the utilities
01:08:31.620 --> 01:08:34.600
and I have had many
conversations with utilities
01:08:34.600 --> 01:08:36.100
about how they implement this.
01:08:37.025 --> 01:08:39.640
And I will say to the
utilities because they,
01:08:39.640 --> 01:08:43.190
more so than the industry
right now are protecting repairs.
01:08:43.190 --> 01:08:46.200
They on their own
are calling out schemes
01:08:46.200 --> 01:08:48.250
that are being used
in their territories.
01:08:50.560 --> 01:08:53.280
Right now, there is manual review.
01:08:53.280 --> 01:08:55.490
Do you know what
they're reviewing manually?
01:08:55.490 --> 01:08:59.370
They're looking at the line
map for the solar projects
01:08:59.370 --> 01:09:01.290
and they're making sure
01:09:01.290 --> 01:09:03.913
the interconnection
equipment is correct.
01:09:05.120 --> 01:09:07.103
They're already reviewing these.
01:09:08.620 --> 01:09:11.810
Is it gonna take another,
maybe another day,
01:09:11.810 --> 01:09:14.570
maybe two days to look to see
01:09:14.570 --> 01:09:16.883
if the other requirements are there?
01:09:17.830 --> 01:09:18.860
Yes, it is.
01:09:18.860 --> 01:09:23.430
And I'm saying because
of the vulnerable customers
01:09:23.430 --> 01:09:28.390
that have been losing all
of like tremendous amount
01:09:28.390 --> 01:09:31.260
of their financial assets,
01:09:31.260 --> 01:09:34.733
not to mention extraordinary
amounts in debt.
01:09:36.200 --> 01:09:39.320
Those two days by do arrive,
01:09:39.320 --> 01:09:43.023
who has the luxury of asking for solar?
01:09:44.110 --> 01:09:45.130
It's worth it.
01:09:45.130 --> 01:09:48.640
It's worth it to protect
those customers, that delay.
01:09:48.640 --> 01:09:50.940
They're already reviewing these.
01:09:50.940 --> 01:09:52.747
They're already catching fraud.
01:09:52.747 --> 01:09:57.040
Edison just in the last
conversation I had with them
01:09:57.040 --> 01:10:00.830
put a stop to a contractor
that happened to be submitting
01:10:00.830 --> 01:10:03.673
all self financing projects
that was impossible.
01:10:05.710 --> 01:10:09.140
So is there gonna be a delay?
01:10:09.140 --> 01:10:09.973
Perhaps.
01:10:11.000 --> 01:10:13.410
You would have my commitment.
01:10:13.410 --> 01:10:14.863
There's a NEM proceeding.
01:10:15.720 --> 01:10:17.480
If there's some crazy the way
01:10:17.480 --> 01:10:19.300
where we're exceeding this timeframe
01:10:19.300 --> 01:10:22.230
and getting people connected,
01:10:22.230 --> 01:10:24.610
we have a NEW
proceeding to correct this.
01:10:24.610 --> 01:10:26.820
It's not like we can't review this.
01:10:26.820 --> 01:10:29.380
But we need to stop the bleeding
01:10:29.380 --> 01:10:32.590
on the type of predatory
practices happening
01:10:32.590 --> 01:10:35.610
on the most vulnerable customer today.
01:10:35.610 --> 01:10:38.546
Why do we have to choose
between clean energy
01:10:38.546 --> 01:10:41.610
and good economic wellbeing?
01:10:41.610 --> 01:10:43.066
We do not.
01:10:43.066 --> 01:10:45.620
It's a false choice.
01:10:45.620 --> 01:10:47.170
It's a false narrative.
01:10:47.170 --> 01:10:51.662
I've spoken to the utilities,
endless amounts of time.
01:10:51.662 --> 01:10:52.877
Marna and Jeanette, more so than me.
01:10:52.877 --> 01:10:55.600
And I do want to thank
them for all their work here
01:10:55.600 --> 01:10:59.673
but this is a principle about
enforcing our own rules.
01:11:01.090 --> 01:11:02.820
What is the point of a rule
01:11:02.820 --> 01:11:04.470
if we're not going to enforce it?
01:11:09.090 --> 01:11:10.863
I'd ask you to reconsider
01:11:10.863 --> 01:11:15.170
and really think about the fact
01:11:15.170 --> 01:11:17.600
that we're just talking
about our own rules.
01:11:17.600 --> 01:11:20.550
The CSLB wants this partnership.
01:11:20.550 --> 01:11:23.470
These tools help them enforce as well.
01:11:23.470 --> 01:11:26.507
Help them help us stop before it gets.
01:11:26.507 --> 01:11:29.800
We may not stop at the 5% turn yet.
01:11:29.800 --> 01:11:30.960
I want it at zero.
01:11:30.960 --> 01:11:32.453
I wanted that to be zero.
01:11:34.300 --> 01:11:36.310
They have to be chronic violators.
01:11:36.310 --> 01:11:40.440
And maybe we catch them at
the 20 households customers
01:11:40.440 --> 01:11:42.200
that they get and not the 200
01:11:42.200 --> 01:11:44.900
which we have some of these
cases that have that many.
01:11:45.800 --> 01:11:48.543
We're going to stop it
before it gets to that point.
01:11:49.640 --> 01:11:50.980
The audits are good.
01:11:50.980 --> 01:11:52.640
They can build on this system.
01:11:52.640 --> 01:11:54.700
Nobody's saying the audits are bad.
01:11:54.700 --> 01:11:57.220
The audits are insufficient on their own
01:11:57.220 --> 01:12:00.473
because there's no
system for them to feel into.
01:12:01.708 --> 01:12:04.043
The CSLB is asking us to do this.
01:12:06.890 --> 01:12:09.070
I ask you to reconsider.
01:12:09.070 --> 01:12:09.903
Thank you.
01:12:12.587 --> 01:12:14.507
Thank you, Commissioner
Guzman Aceves.
01:12:16.220 --> 01:12:18.760
Are there any other
comments on item six?
01:12:18.760 --> 01:12:21.423
Yes, Comissioner Rechtschaffen.
01:12:22.678 --> 01:12:25.030
Thank you.
01:12:25.030 --> 01:12:27.010
I was reaching back to look in a book
01:12:27.010 --> 01:12:28.820
about enforcement for a quote
01:12:29.680 --> 01:12:32.350
to rival what Commissioner
Guzman Aceves said.
01:12:32.350 --> 01:12:35.510
I couldn't find something as eloquent.
01:12:35.510 --> 01:12:38.830
I do want to speak in
support of the resolution
01:12:38.830 --> 01:12:40.850
and highlight a few points
01:12:40.850 --> 01:12:44.340
in addition to what Commissioner
Guzman Aceves said.
01:12:44.340 --> 01:12:47.970
But the quote I sent I found is that
01:12:47.970 --> 01:12:50.880
compliance is essential
to achieving the goals
01:12:50.880 --> 01:12:55.190
of protecting public health
and environmental quality.
01:12:55.190 --> 01:12:57.350
It's the regulatory bottom line.
01:12:57.350 --> 01:12:58.930
So what we're talking about here
01:12:58.930 --> 01:13:02.900
is the regulatory bottom
line to making sure
01:13:02.900 --> 01:13:07.900
that our requirements are adhered to
01:13:08.317 --> 01:13:11.260
and enforcement is the
set of actions that we take
01:13:11.260 --> 01:13:15.000
to achieve compliance within
the regulated community.
01:13:15.000 --> 01:13:20.000
And without those actions,
compliance is never assured.
01:13:20.500 --> 01:13:25.500
I don't think this raises
the issues of jurisdiction
01:13:26.700 --> 01:13:31.700
are not as troubling to me
as my colleagues are outlined.
01:13:32.640 --> 01:13:35.610
I think we have a very
important role here.
01:13:35.610 --> 01:13:38.320
We created the NEM program.
01:13:38.320 --> 01:13:39.857
It's a creation of the PUC
01:13:40.774 --> 01:13:43.680
and I take seriously our obligation
01:13:43.680 --> 01:13:46.710
to respond as effectively as possible,
01:13:46.710 --> 01:13:50.640
and as strongly as possible
when the program is being used
01:13:50.640 --> 01:13:52.950
as a vehicle for fraud
01:13:52.950 --> 01:13:56.200
that is causing serious
harm to some consumers.
01:13:56.200 --> 01:13:58.820
That's sort of the bottom line here.
01:13:58.820 --> 01:14:02.070
As Commissioner Guzman Aceves indicated,
01:14:02.070 --> 01:14:07.010
the number of complaints
filed with the CSLB
01:14:07.010 --> 01:14:12.010
is growing five times as
many this year as in 2015.
01:14:13.830 --> 01:14:16.360
The program doesn't look just further
01:14:16.360 --> 01:14:19.390
our environmental and
social justice action plan
01:14:19.390 --> 01:14:22.560
but it also furthers
one of the key tenants
01:14:22.560 --> 01:14:25.480
of our enforcement
principles which we've adopted
01:14:26.350 --> 01:14:29.530
which dictates to us
that we collectively
01:14:29.530 --> 01:14:32.970
have decided that we need to
tailor enforcement responses
01:14:32.970 --> 01:14:37.043
to vulnerable and
disadvantaged communities.
01:14:38.720 --> 01:14:40.750
I was especially persuaded here
01:14:40.750 --> 01:14:45.750
by the input and conclusions
of CPED and their experience.
01:14:51.090 --> 01:14:52.560
And in particular, their view
01:14:52.560 --> 01:14:57.560
that the existing system
of audits is not sufficient
01:14:58.760 --> 01:15:00.934
and that we need a citation program,
01:15:00.934 --> 01:15:05.390
because without it, the IOUs
will continue their practice
01:15:05.390 --> 01:15:09.580
of just doing
after-the-fact spot checks.
01:15:09.580 --> 01:15:10.413
And that's important.
01:15:10.413 --> 01:15:12.370
These are after-the-fact spot checks.
01:15:12.370 --> 01:15:15.393
Even if we do more of these spot checks,
01:15:17.310 --> 01:15:20.040
their initial semi-annual spot audit
01:15:20.040 --> 01:15:24.568
showed significant and
concerning levels of non-compliance
01:15:24.568 --> 01:15:27.497
for all the IOUs.
01:15:27.497 --> 01:15:30.070
So we're already seeing that in place
01:15:30.070 --> 01:15:35.070
and I think the
alternative of spot checks,
01:15:35.210 --> 01:15:38.380
even enhanced spot
checks does not include
01:15:38.380 --> 01:15:42.700
the threat of suspension,
which is the strongest deterrent.
01:15:42.700 --> 01:15:44.660
I'm not even clear what the remedy is
01:15:44.660 --> 01:15:47.930
under the proposal of
just doing spot checks.
01:15:47.930 --> 01:15:51.460
It's not clear how many
instances out of compliance
01:15:51.460 --> 01:15:55.070
there needs to be or is
the IOU do further review
01:15:55.070 --> 01:15:57.400
and scrutiny after that point.
01:15:57.400 --> 01:15:59.940
That's unclear, but it does not present
01:15:59.940 --> 01:16:04.940
the clear remedy of
suspension for failure to comply.
01:16:07.020 --> 01:16:09.560
It also means that the
vast majority of applicants
01:16:09.560 --> 01:16:12.310
would not be reviewed in advance
01:16:12.310 --> 01:16:17.310
to determine if the application
requirements are met.
01:16:19.430 --> 01:16:23.730
I do want to address the
concern raised by my colleagues
01:16:23.730 --> 01:16:27.243
in particular President
Batjer about the delays.
01:16:29.300 --> 01:16:31.830
I think those are overblown.
01:16:31.830 --> 01:16:35.883
I think it's very, very important
that we do things quickly.
01:16:37.250 --> 01:16:40.013
The current average time right now
01:16:40.013 --> 01:16:43.470
to review an interconnection application
01:16:43.470 --> 01:16:46.490
for NEM customers is three days.
01:16:46.490 --> 01:16:50.870
CPD asked the IOUs,
what's your best estimate
01:16:50.870 --> 01:16:53.713
of how much additional
time this would take?
01:16:55.080 --> 01:16:57.130
Even if you do a manual review,
01:16:57.130 --> 01:17:01.650
which as the resolution
indicates you're not required to do
01:17:01.650 --> 01:17:04.730
but staring up President
Batjer pointed out,
01:17:04.730 --> 01:17:07.890
utility the risk of that, they
may do an annual review.
01:17:07.890 --> 01:17:09.680
Utility said our estimate
01:17:09.680 --> 01:17:14.500
is 10 to 15 minutes
more per application.
01:17:14.500 --> 01:17:17.940
So I don't think it's
fair to characterize this
01:17:17.940 --> 01:17:19.897
as a decision that will result
01:17:19.897 --> 01:17:23.194
in a great deal of enhanced bureaucracy,
01:17:23.194 --> 01:17:27.935
millions of dollars in
loss savings for customers
01:17:27.935 --> 01:17:31.410
and intense delays.
01:17:31.410 --> 01:17:32.610
If we're talking about an average
01:17:32.610 --> 01:17:36.400
of 10 to 15 minutes per application,
01:17:36.400 --> 01:17:38.350
that is well within the rule of reason
01:17:38.350 --> 01:17:41.220
and something that
could be accommodated.
01:17:41.220 --> 01:17:46.220
And I think it is worth the extra care
01:17:46.370 --> 01:17:48.580
needed to ensure that
our rules are followed
01:17:48.580 --> 01:17:53.580
and the fraudulent practices
we've seen are stopped,
01:17:55.300 --> 01:17:57.210
especially when you consider the balance
01:17:57.210 --> 01:17:58.920
of 10 to 15 minutes review
01:17:58.920 --> 01:18:02.237
against the great harm that we see
01:18:02.237 --> 01:18:04.130
for customers who
are victimized by fraud
01:18:04.130 --> 01:18:07.200
and other deceptive behavior.
01:18:07.200 --> 01:18:08.850
I will stop there.
01:18:08.850 --> 01:18:12.914
I understand that there are three votes
01:18:12.914 --> 01:18:16.990
by my colleagues to
reject this application
01:18:16.990 --> 01:18:18.610
as currently formed
01:18:18.610 --> 01:18:21.977
but I do want to emphasize
my strong support
01:18:21.977 --> 01:18:24.693
for the resolution as proposed.
01:18:27.210 --> 01:18:30.195
Can I just President Batjer,
01:18:30.195 --> 01:18:32.790
first I was gonna thank
Commissioner Rechtschaffen
01:18:32.790 --> 01:18:34.620
for his very thoughtful remarks
01:18:34.620 --> 01:18:36.610
and that of Martha's.
01:18:36.610 --> 01:18:37.960
Yes, Commissioner Randolph.
01:18:40.850 --> 01:18:43.010
I guess my fundamental concern,
01:18:43.010 --> 01:18:47.810
and I think Commissioner
Guzman Aceves did an excellent job
01:18:47.810 --> 01:18:50.010
of explaining the
importance of enforcement.
01:18:50.010 --> 01:18:53.060
I guess the hurdle that I'm
having trouble getting over
01:18:53.060 --> 01:18:58.060
is are we enforcing it
against the right people?
01:18:59.400 --> 01:19:02.600
Because we're setting up a structure
01:19:02.600 --> 01:19:06.710
where we are sort of going to be citing
01:19:06.710 --> 01:19:09.940
essentially middleman
is not the right word.
01:19:09.940 --> 01:19:12.590
Cause I obviously play a
much more significant role
01:19:12.590 --> 01:19:17.529
but I feel like we are
not citing the right people.
01:19:17.529 --> 01:19:20.053
And I guess I just don't,
01:19:23.311 --> 01:19:27.500
I hear the frustration of
Commissioner Guzman Aceves.
01:19:27.500 --> 01:19:30.320
She makes excellent
points, but I feel like
01:19:30.320 --> 01:19:32.390
is there a better way to do this?
01:19:32.390 --> 01:19:37.390
Does it make more sense
to give the contractor board
01:19:39.190 --> 01:19:43.830
more authority as a
legislative strategy?
01:19:43.830 --> 01:19:48.830
Is there a way that there can
be more of a direct connection
01:19:50.010 --> 01:19:54.810
between the fraudulent actors
and the enforcement process
01:19:54.810 --> 01:19:59.560
instead of a circuitous road.
01:19:59.560 --> 01:20:02.023
And that's kind of my
fundamental concern.
01:20:02.970 --> 01:20:07.970
Well, I certainly would support
a more specific approach
01:20:09.076 --> 01:20:14.076
that the legislature could
be more expressed about.
01:20:15.040 --> 01:20:18.660
But fundamentally when we
develop these rules initially,
01:20:18.660 --> 01:20:20.540
again 'cause this is just a citation
01:20:20.540 --> 01:20:22.340
of the rules we approved.
01:20:22.340 --> 01:20:24.920
That's the question we answered.
01:20:24.920 --> 01:20:29.570
We have many areas, whether it be
01:20:29.570 --> 01:20:31.950
what kind of specific procurement
01:20:31.950 --> 01:20:36.950
we can push the PCAs on
to meet the right pair needs
01:20:37.150 --> 01:20:39.410
and the state of California needs.
01:20:39.410 --> 01:20:41.680
We have all these areas of jurisdiction
01:20:41.680 --> 01:20:45.960
where we wish we had a
much more explicit statute
01:20:45.960 --> 01:20:48.510
telling us what to do.
01:20:48.510 --> 01:20:53.420
But when we have a
problem, whether it's reliability
01:20:53.420 --> 01:20:58.420
or it's consumer fraud, that's
predatory for monolingual
01:20:58.730 --> 01:21:02.300
and vulnerable low-income customers,
01:21:02.300 --> 01:21:05.950
we have an obligation, a
constitutional one, I would argue
01:21:06.970 --> 01:21:11.340
to fight and extend
jurisdiction to the tip.
01:21:11.340 --> 01:21:13.910
And these utilities want to do something
01:21:13.910 --> 01:21:15.060
for their customers.
01:21:15.060 --> 01:21:16.580
They're doing it already.
01:21:16.580 --> 01:21:20.235
Like I said, maybe what
I'm protecting against
01:21:20.235 --> 01:21:23.920
is something that is gonna
make it more comprehensive.
01:21:23.920 --> 01:21:28.690
They are going to do that
extra 15 minutes a day review
01:21:28.690 --> 01:21:30.923
to make sure it's all there.
01:21:36.500 --> 01:21:39.055
Thank you, Commissioner
Guzman Aceves
01:21:39.055 --> 01:21:40.998
and Comissioner Randolph.
01:21:40.998 --> 01:21:45.998
I feel and so believe in
the passion and concern
01:21:49.590 --> 01:21:51.450
and feel it myself.
01:21:51.450 --> 01:21:52.630
I agree.
01:21:52.630 --> 01:21:54.290
Perhaps my words were not clear
01:21:55.170 --> 01:21:57.530
in what Comissioner Randolph just said.
01:21:57.530 --> 01:22:00.060
I believe where the fraud happens
01:22:00.060 --> 01:22:02.860
is where we have to have enforcement.
01:22:02.860 --> 01:22:07.860
And I pledge to do whatever
we can myself individually
01:22:10.560 --> 01:22:13.973
as well as collectively to
make sure that we get that right.
01:22:14.940 --> 01:22:19.940
Not even as the CPUC,
but literally as regulators
01:22:21.630 --> 01:22:26.630
and executive in state
government in California.
01:22:29.010 --> 01:22:32.113
Are there any other
comments today on item six?
01:22:34.040 --> 01:22:36.063
Yes, Comissioner Rechtschaffen.
01:22:39.030 --> 01:22:41.529
I just wanna ask my colleagues.
01:22:41.529 --> 01:22:43.760
I think I've heard this,
01:22:43.760 --> 01:22:47.660
but is your objection so fundamental
01:22:47.660 --> 01:22:51.770
that you are opposed
to any citation program
01:22:51.770 --> 01:22:56.770
that opposes penalties or
consequences on the IOUs
01:22:57.190 --> 01:22:58.990
or are there different configurations
01:22:58.990 --> 01:23:02.370
that might be more palatable?
01:23:02.370 --> 01:23:04.760
The program, the
penalties have been reduced
01:23:04.760 --> 01:23:07.001
under revised decision.
01:23:07.001 --> 01:23:10.870
The IOUs are no longer
reviewing compliance plans
01:23:10.870 --> 01:23:12.570
by the developers.
01:23:12.570 --> 01:23:15.133
That's the responsibility of CPED.
01:23:16.200 --> 01:23:19.998
Is there any configuration
you could imagine
01:23:19.998 --> 01:23:24.620
whether some consequence
regulatory disclosure
01:23:24.620 --> 01:23:29.610
or other obligation that puts
the IOUs in some position
01:23:29.610 --> 01:23:34.500
of enforcing these
requirements, reviewing them,
01:23:34.500 --> 01:23:37.630
or are you fundamentally
joined the line and saying
01:23:37.630 --> 01:23:41.570
you don't they should
be responsible in any way
01:23:43.277 --> 01:23:46.973
for a consequences if
these rules are not enforced?
01:23:48.470 --> 01:23:49.930
You can think of that, I suppose.
01:23:49.930 --> 01:23:52.560
I don't know what middle ground there is
01:23:52.560 --> 01:23:55.300
but it's not worth exploring
01:23:57.186 --> 01:23:59.910
if your point of view is
that there's no place to go
01:23:59.910 --> 01:24:01.760
other than to remove the IOUs
01:24:01.760 --> 01:24:04.233
from any enforcement role here.
01:24:05.500 --> 01:24:06.979
I never draw the line.
01:24:06.979 --> 01:24:11.979
Absolutely, but so what I
think of is it fundamental?
01:24:13.190 --> 01:24:16.480
Am I absolutely, no,
01:24:16.480 --> 01:24:20.230
but I would like to
get to go at the fraud
01:24:20.230 --> 01:24:22.170
where the fraud occurred.
01:24:22.170 --> 01:24:26.910
And I don't know that the
IOU is the right instrument
01:24:26.910 --> 01:24:27.753
to do that.
01:24:29.037 --> 01:24:29.950
I would like to think through that more
01:24:29.950 --> 01:24:31.383
if there are other ideas.
01:24:32.562 --> 01:24:37.280
I certainly, I think there has
been so much hard work put in
01:24:37.280 --> 01:24:38.450
to thinking through this
01:24:38.450 --> 01:24:42.360
by both the consumer
protection enforcement division
01:24:42.360 --> 01:24:43.663
and the energy division.
01:24:44.900 --> 01:24:47.603
But no, I would never draw the line,
01:24:47.603 --> 01:24:48.436
Comissioner Rechtschaffen.
01:24:48.436 --> 01:24:50.250
I would always be open
for other considerations,
01:24:50.250 --> 01:24:53.580
but my mind goes to a
different type of protection
01:24:53.580 --> 01:24:56.280
of the consumer.
01:24:56.280 --> 01:25:01.030
But as I said, upstream
from when they're dealing
01:25:01.030 --> 01:25:04.133
with interconnection
applications at the utilities.
01:25:06.810 --> 01:25:07.710
That's my feeling.
01:25:13.850 --> 01:25:18.850
President Batjer.
Yes, Commissioner Shiroma.
01:25:20.580 --> 01:25:25.580
So first of all, I'd
like to make a motion
01:25:28.563 --> 01:25:31.253
and then also respond to
Comissioner Rechtschaffen.
01:25:32.250 --> 01:25:37.250
And I'll make the motion to
reject the current proposal
01:25:41.770 --> 01:25:46.770
and instruct the staff to
go back to the drawing.
01:25:47.540 --> 01:25:50.280
I said this before, but to
go back to the drawing board
01:25:50.280 --> 01:25:53.190
once the audit results
have been received
01:25:54.460 --> 01:25:59.400
and continue working with
the inter-agency task force
01:25:59.400 --> 01:26:03.490
and determine whether
anything else needs to be done
01:26:03.490 --> 01:26:08.490
which can include a citation program
01:26:10.070 --> 01:26:15.070
even as I have reservations
about this current one.
01:26:15.730 --> 01:26:20.730
And look, the Commission
has a lot of authority.
01:26:22.600 --> 01:26:25.540
The Commission has opened up orders
01:26:25.540 --> 01:26:27.742
instituting investigations
01:26:27.742 --> 01:26:30.930
in all four corners of what we do.
01:26:30.930 --> 01:26:33.283
We have that ability
and authority to do that.
01:26:36.382 --> 01:26:41.060
This proposal drills down
deep into processing paper.
01:26:45.450 --> 01:26:48.044
What I'm saying is yes,
01:26:48.044 --> 01:26:52.683
collectively, we want
the bad actors stop,
01:26:54.581 --> 01:26:56.650
arrested, what have you.
01:26:56.650 --> 01:27:01.410
I don't know what all
the options there are
01:27:01.410 --> 01:27:03.381
for stopping these folks.
01:27:03.381 --> 01:27:07.530
Constantly puts up,
somebody comes to the door
01:27:07.530 --> 01:27:11.670
and says they represent
some MUD make them show ID
01:27:11.670 --> 01:27:14.530
contact MUD before
you agree to anything.
01:27:14.530 --> 01:27:19.530
So I think that there's
not a bright line here
01:27:24.400 --> 01:27:29.120
and I've expressed my
concerns or reservations
01:27:30.340 --> 01:27:35.310
and meanwhile, there's a
lot more work to be done here.
01:27:35.310 --> 01:27:38.483
And so that work needs to continue.
01:27:41.550 --> 01:27:43.784
You said you may have a motion.
01:27:43.784 --> 01:27:48.784
I'm sorry to
reject this proposal.
01:27:49.280 --> 01:27:54.280
I wanna check
with Anne Simon too.
01:27:54.593 --> 01:27:57.913
I think I wanna make sure
how we do this procedurally.
01:28:00.320 --> 01:28:02.760
Can we maybe finish
the, I'm sorry to interrupt.
01:28:02.760 --> 01:28:04.550
Can we maybe just finish
01:28:04.550 --> 01:28:07.290
kind of the substantive conversation
01:28:07.290 --> 01:28:11.250
and then talk about the
procedural than the procedural step
01:28:11.250 --> 01:28:12.550
if that's okay.
01:28:12.550 --> 01:28:14.120
I'm sorry, I thought
we were done.
01:28:14.120 --> 01:28:15.180
Okay, sure.
01:28:15.180 --> 01:28:18.340
But then I need to be
clear on the procedure.
01:28:18.340 --> 01:28:19.490
Comissioner Randolph.
01:28:21.798 --> 01:28:24.320
Comissioner Rechtschaffen
I know had his hand up
01:28:24.320 --> 01:28:27.100
I don't know if you wanted to
make a substantive comment.
01:28:27.100 --> 01:28:28.110
I wanted to make a substantive comment
01:28:28.110 --> 01:28:29.450
in response to your question.
01:28:29.450 --> 01:28:31.653
You go first.
Okay.
01:28:34.070 --> 01:28:37.900
I think the short answer is yes.
01:28:37.900 --> 01:28:42.900
I think I would be open
to another sort of thinking
01:28:45.560 --> 01:28:47.961
about the options in terms of
01:28:47.961 --> 01:28:49.511
a slightly different framework.
01:28:51.100 --> 01:28:53.900
And I sort of I have not had the benefit
01:28:53.900 --> 01:28:57.210
of kind of sitting through
these working group meetings.
01:28:57.210 --> 01:29:01.130
So I don't wanna presume that
there is some obvious solution
01:29:01.130 --> 01:29:06.130
that I'm not seeing because I just,
01:29:06.820 --> 01:29:09.270
I haven't delve into the details yet.
01:29:09.270 --> 01:29:13.627
And so I am certainly
open to taking a look
01:29:15.210 --> 01:29:19.360
and considering what some
possible other options were
01:29:19.360 --> 01:29:22.050
as I articulated before I
kind of, my main concern
01:29:22.050 --> 01:29:27.050
is I feel like we are
sort of asking the IOUs
01:29:30.320 --> 01:29:34.540
to kind of act in an enforcement way
01:29:34.540 --> 01:29:37.053
that I'm a little nervous about,
01:29:38.170 --> 01:29:43.170
but willing to consider further
conversations and options.
01:29:45.860 --> 01:29:48.700
So that's where my I am.
01:29:48.700 --> 01:29:50.979
I mean, I think my preference would be
01:29:50.979 --> 01:29:53.640
to set aside this resolution for now
01:29:53.640 --> 01:29:55.603
and look at other possibilities.
01:29:58.730 --> 01:30:00.678
Thank you
Commissioner Randolph.
01:30:00.678 --> 01:30:01.620
Commissioner Rechtschaffen.
01:30:02.703 --> 01:30:04.477
I was going to ask
Commissioner Shiroma
01:30:04.477 --> 01:30:09.380
in the approach you outlined,
01:30:09.380 --> 01:30:14.080
how long would you
wait till you direct PPE
01:30:14.080 --> 01:30:16.840
to come back with something new?
01:30:16.840 --> 01:30:20.990
I heard you say you
wanna wait their next audit,
01:30:20.990 --> 01:30:24.053
but what is your specific timeframe?
01:30:30.540 --> 01:30:31.373
Commissioner Shiroma?
01:30:31.373 --> 01:30:36.270
I think the next audit
results are due this fall.
01:30:46.360 --> 01:30:49.800
If something untoward is found,
01:30:49.800 --> 01:30:53.120
I would want the utilities and the staff
01:30:53.120 --> 01:30:54.730
to immediately raise their hands,
01:30:54.730 --> 01:30:57.980
go to the state contracting board
01:30:59.245 --> 01:31:04.245
to don't delay if there is a
bad actor that is observed.
01:31:05.360 --> 01:31:06.443
But in the meantime,
01:31:07.446 --> 01:31:11.110
in terms of framing our next incarnation
01:31:11.110 --> 01:31:16.110
of added requirements
that we would want,
01:31:18.184 --> 01:31:23.184
we should be assured that
we've got a risk-based approach
01:31:23.725 --> 01:31:25.910
we haven't had a chance
01:31:25.910 --> 01:31:28.340
to look at that first
round of audit reports
01:31:29.470 --> 01:31:31.040
and go from there.
01:31:31.040 --> 01:31:33.366
So we don't have a specific timeframe
01:31:33.366 --> 01:31:37.650
and it might be a
status report initially.
01:31:37.650 --> 01:31:40.510
It's hard to say I do want to encourage
01:31:40.510 --> 01:31:45.510
that this effort continues
towards something workable.
01:31:50.470 --> 01:31:53.520
Any more, by the way,
I suppose my motion
01:31:53.520 --> 01:31:56.440
should have simply been, shall we vote?
01:31:56.440 --> 01:31:58.670
I'm sure the Ann or somebody will-
01:31:58.670 --> 01:32:03.670
Yeah, I think we need to
be advised first before we-
01:32:04.027 --> 01:32:06.156
I hope that answers
your question
01:32:06.156 --> 01:32:07.460
Comissioner Rechtschaffen
01:32:07.460 --> 01:32:09.973
because like Commissioner Randolph,
01:32:12.250 --> 01:32:16.020
this comes from the CPED group.
01:32:16.020 --> 01:32:21.020
I have not been heavily involved in,
01:32:21.630 --> 01:32:25.550
I mean I'm not an assigned Commissioner
01:32:25.550 --> 01:32:28.900
to some sort of
proceeding I know on this
01:32:30.316 --> 01:32:34.820
and I would want to see what
other ideas are on the table.
01:32:37.636 --> 01:32:38.960
Thank you Comissioner Shiroma.
01:32:38.960 --> 01:32:40.890
I think Commissioner Guzman Aceves
01:32:40.890 --> 01:32:44.470
her hand up again.
Yes, thank you.
01:32:44.470 --> 01:32:46.743
Just to follow up with
Commissioner Randolph,
01:32:48.280 --> 01:32:51.240
because I feel like the gap
between where you're at
01:32:51.240 --> 01:32:56.240
is more narrow and then
where maybe President Batjer
01:32:56.380 --> 01:32:58.473
and maybe Commissioner Shiroma are at.
01:33:00.638 --> 01:33:04.207
What the structure is from how I see it,
01:33:04.207 --> 01:33:06.713
and we are finding the utilities
01:33:06.713 --> 01:33:11.580
if they're not assisting in their role
01:33:11.580 --> 01:33:13.680
with the information that they received
01:33:14.630 --> 01:33:19.630
in a potential CPD action.
01:33:20.540 --> 01:33:23.360
Ultimately, we're just
to put these contractors
01:33:23.360 --> 01:33:24.723
on a suspension list.
01:33:25.570 --> 01:33:27.893
That's the mechanism
to stop the bleeding.
01:33:29.440 --> 01:33:34.440
And there is opportunity
to the attorneys themselves
01:33:34.950 --> 01:33:39.630
came up with a great solution,
which is the online portal,
01:33:39.630 --> 01:33:42.230
instead of a more complicated approach
01:33:42.230 --> 01:33:44.800
that we had initially which
was to require them to do
01:33:44.800 --> 01:33:48.320
monthly submittals of this information.
01:33:48.320 --> 01:33:50.070
And that monthly submittal
01:33:50.070 --> 01:33:53.840
was tied with a citation component.
01:33:53.840 --> 01:33:57.610
So they came up with this
excellent recommendation.
01:33:57.610 --> 01:33:59.820
It's more transparent,
it's more efficient.
01:33:59.820 --> 01:34:01.463
It's there for you to be.
01:34:03.300 --> 01:34:07.352
There are certainly, we
have seven core citation points
01:34:07.352 --> 01:34:10.293
to make this construct work.
01:34:11.480 --> 01:34:13.380
There could be alleviation.
01:34:13.380 --> 01:34:15.930
Further alleviation
to the utilities concern
01:34:15.930 --> 01:34:20.117
on them facing fines
for actions of others
01:34:20.117 --> 01:34:21.723
in that construct.
01:34:23.210 --> 01:34:25.510
That's really the space I see.
01:34:25.510 --> 01:34:30.510
And we can cut it to less than seven
01:34:30.910 --> 01:34:35.050
to make it less punitive for them
01:34:35.050 --> 01:34:37.550
who I truly believe are
getting the best job here.
01:34:38.600 --> 01:34:40.670
But we need a construct
to be sustain one.
01:34:40.670 --> 01:34:42.040
That's why we need citations
01:34:42.040 --> 01:34:44.480
to make it consistent and enforceable
01:34:44.480 --> 01:34:46.390
just so the citations
01:34:46.390 --> 01:34:49.200
for when people started
getting charged deposits
01:34:49.200 --> 01:34:51.030
when they're no longer supposed to be.
01:34:51.030 --> 01:34:54.000
It's just a matter of
maintaining that law,
01:34:54.000 --> 01:34:56.160
maintaining the rule in place.
01:34:56.160 --> 01:34:58.580
That's what the construct is for.
01:34:58.580 --> 01:35:01.650
But ultimately the
mechanism is a suspension.
01:35:01.650 --> 01:35:06.650
I guess my question is there
a room there in the construct
01:35:06.890 --> 01:35:09.860
from going to less than seven,
01:35:09.860 --> 01:35:12.080
whatever you think is
the right balance there
01:35:12.080 --> 01:35:14.293
or is it just in the,
01:35:15.252 --> 01:35:18.520
there's a different
elements of citations.
01:35:18.520 --> 01:35:21.013
We could lessen it.
01:35:21.969 --> 01:35:26.969
If that's the area for is that a pathway
01:35:28.360 --> 01:35:31.670
because if I think
that's a worthy pathway
01:35:31.670 --> 01:35:35.774
it's one I've already been
focused on and reducing.
01:35:35.774 --> 01:35:38.240
You're nodding your head.
01:35:38.240 --> 01:35:40.670
Yeah, we'd like to hear your thoughts.
01:35:40.670 --> 01:35:43.550
Yeah, I guess I
would say two things
01:35:43.550 --> 01:35:46.230
I think, yes, that would help.
01:35:46.230 --> 01:35:51.230
And I will say when I first
went through this resolution,
01:35:51.330 --> 01:35:53.050
there were things that jumped out at me
01:35:53.050 --> 01:35:58.050
as are these going to
really be implementable?
01:35:59.760 --> 01:36:02.910
Like the online portal,
how is that gonna work?
01:36:02.910 --> 01:36:04.280
Is that gonna work well?
01:36:04.280 --> 01:36:09.140
So one option might be
to make some of those,
01:36:09.140 --> 01:36:13.003
to get that sort of set
up and see how it goes.
01:36:13.994 --> 01:36:18.510
And then sort of consider
how the citation would work.
01:36:18.510 --> 01:36:21.580
I mean, that's one option
or as you pointed out,
01:36:21.580 --> 01:36:24.580
just sort of maybe pairing down
01:36:24.580 --> 01:36:27.648
some of those citationable steps
01:36:27.648 --> 01:36:30.030
and really getting at the heart of,
01:36:30.030 --> 01:36:31.900
are you taking this seriously?
01:36:31.900 --> 01:36:36.900
Are you actually doing what
we are asking you to do?
01:36:39.210 --> 01:36:43.950
So I think you're probably
reading me correctly
01:36:43.950 --> 01:36:47.020
I'm little less concerned
about the delay
01:36:47.020 --> 01:36:49.763
kind of as Commissioner
Rechtschaffen indicated.
01:36:50.740 --> 01:36:55.257
But I am concerned that
I don't wanna trip up IOUs
01:36:57.030 --> 01:37:00.143
because they got behind or because they,
01:37:02.390 --> 01:37:03.980
and I realize some of that is gonna be
01:37:03.980 --> 01:37:05.040
enforcement discretion
01:37:05.040 --> 01:37:07.200
and we wouldn't necessarily
automatically do that.
01:37:07.200 --> 01:37:09.620
But I feel like when we have this regime
01:37:09.620 --> 01:37:14.330
where we are asking them
to take the enforcement steps
01:37:14.330 --> 01:37:17.523
that need to be taken.
01:37:17.523 --> 01:37:19.680
We need to consider
that really carefully
01:37:19.680 --> 01:37:22.503
and not have too many pitfalls.
01:37:23.800 --> 01:37:25.180
Understood.
01:37:25.180 --> 01:37:27.040
Okay, with that President Batjer,
01:37:27.040 --> 01:37:28.583
we request a hold on this item
01:37:28.583 --> 01:37:32.431
so I can work with UED
on revising the resolution
01:37:32.431 --> 01:37:37.223
to attempt to accommodate
Commissioner Randolph's concerns.
01:37:38.610 --> 01:37:40.349
This is Anne Simon.
01:37:40.349 --> 01:37:44.080
The Commissioners need to take a vote
01:37:44.080 --> 01:37:47.940
on whether this whole requested
from the day should occur.
01:37:51.872 --> 01:37:54.455
I'll make a motion
to hold this resolution.
01:37:54.455 --> 01:37:57.540
Second.
Hang on a second.
01:37:57.540 --> 01:37:58.770
You guys, I'm confused.
01:37:58.770 --> 01:38:03.770
Anne, do we need to take a
vote straight up vote on item six
01:38:06.930 --> 01:38:08.953
and then take consideration
01:38:08.953 --> 01:38:12.806
or do we vote on
Commissioner Guzman Aceves'
01:38:12.806 --> 01:38:15.190
request to hold?
01:38:15.190 --> 01:38:17.590
And I would assume
someone needs to second that.
01:38:19.510 --> 01:38:24.470
Since the hold is
related to the item
01:38:24.470 --> 01:38:26.793
that you are currently considering,
01:38:28.140 --> 01:38:31.240
you can take Commissioner
Guzman Aceves' request
01:38:31.240 --> 01:38:36.240
to hold up first, if the Commission
decides to hold the item
01:38:36.390 --> 01:38:39.610
the item will be held
until the next meeting
01:38:39.610 --> 01:38:42.560
and you will not vote
on the merits of the item
01:38:42.560 --> 01:38:43.690
at this meeting.
01:38:43.690 --> 01:38:47.100
If the Commission does
not go to hold the item,
01:38:47.100 --> 01:38:49.950
then you will next vote
on the merits of item six
01:38:49.950 --> 01:38:51.840
at this meeting.
01:38:51.840 --> 01:38:56.370
Does the hold need
a second in any way?
01:38:56.370 --> 01:38:58.413
Request to hold
needs a second, yes.
01:39:00.800 --> 01:39:04.370
I will second the motion
01:39:05.750 --> 01:39:10.750
in so far as I would hope
Commissioner Guzman Aceves
01:39:11.790 --> 01:39:14.310
now this resolution
came forward from CPED
01:39:15.500 --> 01:39:18.923
in response to a decision
that we all voted out last spring.
01:39:19.970 --> 01:39:22.630
But I would hold in
terms of holding this
01:39:22.630 --> 01:39:24.180
and working on this,
01:39:24.180 --> 01:39:28.280
that the concerns expressed
by President Batjer and myself
01:39:28.280 --> 01:39:30.393
are also taken into consideration.
01:39:32.240 --> 01:39:34.863
But I'm happy to second
the motion to hold it.
01:39:35.810 --> 01:39:37.993
So for discussion, before we,
01:39:39.460 --> 01:39:40.913
discussion before we vote.
01:39:42.800 --> 01:39:44.390
I understand this as a hold
01:39:44.390 --> 01:39:47.815
for only one Commission meeting.
01:39:47.815 --> 01:39:51.770
I'm not sure that going
back to the drawing board
01:39:51.770 --> 01:39:53.530
to quote you Commissioner Shiroma
01:39:53.530 --> 01:39:57.163
or some of my concerns can
be taken care of in two weeks.
01:39:58.693 --> 01:40:01.130
So am I understanding that the hold
01:40:01.130 --> 01:40:04.163
is just to one Commission
meeting, correct?
01:40:06.440 --> 01:40:08.990
I think I would
propose to start there
01:40:08.990 --> 01:40:10.770
and see if we need additional time.
01:40:10.770 --> 01:40:14.163
We can request a whole
through our regular process.
01:40:16.440 --> 01:40:19.170
Okay, thank you
for the clarification.
01:40:19.170 --> 01:40:23.869
And also just if I could respond
to Commissioner Shiroma,
01:40:23.869 --> 01:40:27.470
I understood your concern
to be more fundamental,
01:40:27.470 --> 01:40:29.880
that's why I wouldn't
expressing a pathway
01:40:29.880 --> 01:40:31.480
with Commissioner Randolph.
01:40:31.480 --> 01:40:35.183
But it wasn't to say that
your concerns were not valid.
01:40:37.070 --> 01:40:39.350
They just seem a little
more fundamental in that
01:40:39.350 --> 01:40:42.993
I'm not sure we could address
it with the resolution itself.
01:40:46.470 --> 01:40:48.080
Okay, thank you.
01:40:48.080 --> 01:40:49.220
Understood, understood.
01:40:49.220 --> 01:40:50.053
Thank you.
01:40:51.760 --> 01:40:55.640
So there's been a motion
to hold item number six
01:40:55.640 --> 01:40:57.379
and it's been seconded.
01:40:57.379 --> 01:41:01.023
Will the agenda clerk
please call the roll.
01:41:02.190 --> 01:41:04.983
Comissioner Shiroma.
Aye.
01:41:05.850 --> 01:41:07.723
Commissioner Guzman Aceves.
Aye.
01:41:08.790 --> 01:41:11.853
Comissioner Randolph.
Yes.
01:41:13.137 --> 01:41:16.893
Comissioner Rechtschaffen.
Yes.
01:41:16.893 --> 01:41:18.893
President Batjer.
No.
01:41:19.840 --> 01:41:24.760
The vote is four to
one to hold this item
01:41:25.690 --> 01:41:27.733
for future consideration.
01:41:29.210 --> 01:41:30.700
Okay.
01:41:30.700 --> 01:41:32.350
I think that takes care of item six.
01:41:32.350 --> 01:41:34.203
Does it not, Anne?
01:41:36.357 --> 01:41:37.190
Yes, President Batjer.
01:41:37.190 --> 01:41:42.080
Item six has been held to
the next Commission meeting.
01:41:42.080 --> 01:41:45.280
So there is nothing more
for you to do about it now.
01:41:45.280 --> 01:41:46.980
Okay, thank you all.
01:41:46.980 --> 01:41:47.813
Appreciate that.
01:41:52.700 --> 01:41:57.520
Moving on now to the
regular agenda item 18.
01:41:57.520 --> 01:41:59.220
Commissioner Rechtschaffen.
01:42:00.320 --> 01:42:01.910
Thank you, President Batjer.
01:42:01.910 --> 01:42:06.910
This is the second S chip
proceeding that I mentioned.
01:42:07.430 --> 01:42:11.070
It concerns rules in our
equity resilience budget.
01:42:11.070 --> 01:42:13.400
As I mentioned, this is the program
01:42:13.400 --> 01:42:17.090
targeted for certain customers
in high fire threat areas
01:42:17.090 --> 01:42:20.843
or those who face multiple
power safety shutoffs.
01:42:22.370 --> 01:42:27.370
It adopts income limits for
electric well home customers.
01:42:27.850 --> 01:42:32.308
Those who rely on
electricity for their well water
01:42:32.308 --> 01:42:36.960
and also clarify requirements
that we adopted in January
01:42:36.960 --> 01:42:41.520
and our decision specifying
that those customers
01:42:41.520 --> 01:42:45.030
need to be using batteries
that are receiving incentives
01:42:45.030 --> 01:42:49.780
at their primary residence,
not at a vacation home.
01:42:49.780 --> 01:42:52.693
We took this up last meeting.
01:42:53.860 --> 01:42:56.200
The decision has been revised now
01:42:56.200 --> 01:42:59.835
so that it's into restriction
for well customers.
01:42:59.835 --> 01:43:01.610
And this only applies to well customers,
01:43:01.610 --> 01:43:04.960
applies to applicants who do not have
01:43:04.960 --> 01:43:09.593
a confirmed reservation as
of today's date if we adopt it
01:43:09.593 --> 01:43:14.593
if their application was
filed after August 17th.
01:43:16.540 --> 01:43:19.758
If you recall, August 17th was
the date we issued a decision
01:43:19.758 --> 01:43:23.850
indicating that we were considering
01:43:23.850 --> 01:43:27.910
imposing an income restriction
and that it might be applied
01:43:27.910 --> 01:43:32.910
to all applications filed
after the August 17th date.
01:43:36.150 --> 01:43:38.530
The revisions are compromised
01:43:38.530 --> 01:43:41.390
from our original proposed decision
01:43:41.390 --> 01:43:44.920
that applied this income restriction
01:43:44.920 --> 01:43:48.790
to all applications without
a confirmed reservation.
01:43:48.790 --> 01:43:52.310
No matter when the
application was filed.
01:43:52.310 --> 01:43:54.580
There are concerns from several
Commissioners last meeting,
01:43:54.580 --> 01:43:56.980
it's been revised to reflect those
01:43:56.980 --> 01:43:59.090
and the concerns of others.
01:43:59.090 --> 01:44:03.720
And at bottom, we are
balancing two sets of interests
01:44:03.720 --> 01:44:06.180
as I mentioned at our last meeting.
01:44:06.180 --> 01:44:08.190
On the one hand, we have the need
01:44:08.190 --> 01:44:11.943
to provide market certainty
to developers and customers.
01:44:12.850 --> 01:44:15.080
On the other hand, it's very important
01:44:15.080 --> 01:44:18.910
that we direct what are
really scarce public resources
01:44:20.040 --> 01:44:22.650
to customers with the greatest needs
01:44:22.650 --> 01:44:25.120
and to the critical facilities
01:44:25.120 --> 01:44:29.703
that serve the largest
numbers of our customers.
01:44:30.810 --> 01:44:33.160
To remind folks of the context,
01:44:33.160 --> 01:44:34.920
this equity resilience budget
01:44:34.920 --> 01:44:37.670
is something that we designed last year
01:44:38.560 --> 01:44:42.740
in the face of an
unprecedented wildfire risk
01:44:42.740 --> 01:44:45.360
and power outages.
01:44:45.360 --> 01:44:48.040
And we wanted to get
the program up and running
01:44:48.040 --> 01:44:50.757
as quickly as possible
to address the needs
01:44:50.757 --> 01:44:54.980
vulnerable customers
faced in this wildfire season.
01:44:54.980 --> 01:44:56.980
Our clear focus was always
01:44:56.980 --> 01:45:00.350
on protecting disadvantaged communities
01:45:00.350 --> 01:45:03.563
and customers with medical needs.
01:45:04.410 --> 01:45:07.500
We also included customers
who rely on electricity
01:45:07.500 --> 01:45:12.150
to operate their wells because
they also faced hardship
01:45:12.150 --> 01:45:13.913
in the event of power shut off.
01:45:15.000 --> 01:45:19.483
I have to know how much
interest this program has developed.
01:45:20.350 --> 01:45:22.510
Just to give you some context,
01:45:22.510 --> 01:45:27.510
PGNE has received 10,000 applications
01:45:27.590 --> 01:45:29.870
for S ship this year, 10,000.
01:45:29.870 --> 01:45:33.130
That's more than it
received in the first 18 years
01:45:33.130 --> 01:45:36.163
in which S ship has been operational.
01:45:37.070 --> 01:45:41.510
And we've already
allocated close to $400 million
01:45:43.110 --> 01:45:48.110
out of 612 million total in
the equity resilience budget.
01:45:50.120 --> 01:45:51.756
As I mentioned before,
01:45:51.756 --> 01:45:53.233
there's a lot of need,
a lot of interests.
01:45:54.076 --> 01:45:59.076
In hindsight, given this
surge of applications
01:45:59.560 --> 01:46:01.170
from well customers,
01:46:01.170 --> 01:46:03.310
it would have been
better to limit the program
01:46:03.310 --> 01:46:06.260
to low income customers from the outset.
01:46:06.260 --> 01:46:09.217
I think Commissioner
Shiroma said this last meeting
01:46:09.217 --> 01:46:12.110
and we are making that adjustment now.
01:46:12.110 --> 01:46:17.110
I wanna close by addressing
another set of issues
01:46:18.740 --> 01:46:21.240
at work here that I think
is worth thinking about.
01:46:22.414 --> 01:46:23.410
I think it's somewhat unfortunate
01:46:23.410 --> 01:46:26.930
that the developers have
focused so much of their attention
01:46:26.930 --> 01:46:29.310
on signing up well customers.
01:46:29.310 --> 01:46:33.770
Right now half of all the equity
resilience budget customers
01:46:33.770 --> 01:46:36.350
are wealth customers,
residential customers
01:46:36.350 --> 01:46:41.350
half of all residential
customers are well customers.
01:46:41.610 --> 01:46:44.140
As opposed to focusing
on medical baseline
01:46:44.140 --> 01:46:46.680
or low-income residential customers.
01:46:46.680 --> 01:46:49.210
Those customers face the greatest needs.
01:46:49.210 --> 01:46:52.450
They suffer the most
from power shut off.
01:46:52.450 --> 01:46:54.110
I understand and appreciate
01:46:54.110 --> 01:46:56.930
the developers are trying
to grow their businesses.
01:46:56.930 --> 01:46:57.950
I support that.
01:46:57.950 --> 01:47:02.050
We absolutely need and
want to have successful,
01:47:02.050 --> 01:47:04.600
clean energy programs in California.
01:47:04.600 --> 01:47:06.010
They're necessary to realize
01:47:06.010 --> 01:47:08.800
our ambitious clean energy goals
01:47:09.810 --> 01:47:13.670
but at the same time S chip is
a rate payer funded program.
01:47:13.670 --> 01:47:15.490
And in this instance,
01:47:15.490 --> 01:47:19.077
this category provides
extremely generous subsidies
01:47:19.077 --> 01:47:21.560
and we have to be vigilant in ensuring
01:47:21.560 --> 01:47:24.720
that we maximize the achievement
01:47:24.720 --> 01:47:29.720
of the large public purposes
underlying these programs.
01:47:30.670 --> 01:47:33.510
Some of the developers
who criticize this action
01:47:33.510 --> 01:47:35.470
criticize what we're doing here
01:47:35.470 --> 01:47:38.980
have also argued loudly
to the legislature and others
01:47:38.980 --> 01:47:41.890
that they are advancing
the state's policy interests
01:47:41.890 --> 01:47:45.420
with their projects as a
way to shape decisions
01:47:45.420 --> 01:47:47.210
in their favor.
01:47:47.210 --> 01:47:51.160
I think today's
modifications are necessary
01:47:51.160 --> 01:47:53.630
to ensure that the
remaining amount of money
01:47:53.630 --> 01:47:56.330
in our equity resiliency budget
01:47:56.330 --> 01:48:00.450
really does go to advance
what are the highest policy
01:48:00.450 --> 01:48:04.450
the highest priority policy
interests of the state.
01:48:04.450 --> 01:48:06.350
With that, I asked for your support
01:48:06.350 --> 01:48:08.670
for the revised decision.
01:48:08.670 --> 01:48:12.530
I want to thank Judge
Fogel, Nora Hawkins
01:48:12.530 --> 01:48:16.120
Nora Hawkins, and Tori
Francisco from the energy division,
01:48:16.120 --> 01:48:20.188
Brandon Barstow and Theresa
Buckley from legal division.
01:48:20.188 --> 01:48:24.207
My advisors, Sandy
Goldberg and Shawn Simon,
01:48:24.207 --> 01:48:29.207
my Bagley keen partner of
President Batjer and her advisors
01:48:29.540 --> 01:48:32.530
Josh Honeycutt, and Brian
corporates for their help
01:48:32.530 --> 01:48:35.440
in this decision has gone
through a lot of twists and turns.
01:48:35.440 --> 01:48:37.140
And again, I ask for your support.
01:48:39.910 --> 01:48:42.140
Thank you very much,
Commissioner Rechtschaffen.
01:48:42.140 --> 01:48:45.023
Are there any other comments on item 18?
01:48:47.160 --> 01:48:49.023
Yes, Comissioner Guzman Aceves.
01:48:50.640 --> 01:48:51.847
Thank you President Batjer,
01:48:51.847 --> 01:48:54.310
and thank you
Commissioner Rechtschaffen.
01:48:55.670 --> 01:48:57.580
At the risk of delay in this decision
01:48:57.580 --> 01:49:00.403
I'd asked you to consider
a different approach.
01:49:01.810 --> 01:49:04.270
I think back to our hearing,
01:49:04.270 --> 01:49:07.060
when we were still
traveling out in person
01:49:07.060 --> 01:49:12.060
and we had a fresh set of comments
01:49:12.180 --> 01:49:14.531
from people dealing with PSPS,
01:49:14.531 --> 01:49:18.830
and we had one woman with her daughter
01:49:18.830 --> 01:49:23.030
and sharing the really
difficult situation that she faced
01:49:23.030 --> 01:49:25.780
given the medical needs of her daughter.
01:49:25.780 --> 01:49:29.203
And I just can't see
01:49:32.520 --> 01:49:37.520
why we need to not prioritize
the medical baseline needs
01:49:40.130 --> 01:49:43.493
in particularly thinking
of that PGNE territory.
01:49:45.520 --> 01:49:47.220
And if a different approach can be
01:49:49.770 --> 01:49:53.890
to first allow the medical
baseline to be served
01:49:53.890 --> 01:49:57.800
and if there is remaining
funds, to allow those
01:49:58.850 --> 01:50:03.850
with confirmed reservations
from this time period
01:50:03.970 --> 01:50:05.303
to then be eligible.
01:50:06.690 --> 01:50:08.890
But to not continue the perpetuation
01:50:08.890 --> 01:50:12.110
of running out of funds
for the most vulnerable
01:50:13.700 --> 01:50:16.600
do the inverse can go through
01:50:16.600 --> 01:50:19.620
those enormous amount of applications
01:50:19.620 --> 01:50:21.170
that you mentioned earlier,
01:50:21.170 --> 01:50:24.051
ensure that the medically
vulnerable are covered
01:50:24.051 --> 01:50:28.853
and then if there are
sufficient funds thereafter,
01:50:30.292 --> 01:50:31.370
to allow them to be used
01:50:31.370 --> 01:50:35.080
for the remaining these customers
01:50:35.080 --> 01:50:36.680
who have confirmed reservations.
01:50:39.870 --> 01:50:41.170
Thank you for considering.
01:50:45.350 --> 01:50:47.750
Were there any other
comments on item 18?
01:50:50.600 --> 01:50:51.950
Yes, Commissioner Randolph.
01:50:53.860 --> 01:50:55.360
Thank you, President Batjer.
01:50:57.389 --> 01:51:00.900
I am supportive of the modifications
01:51:00.900 --> 01:51:03.193
that Commissioner Rechtschaffen made.
01:51:04.270 --> 01:51:06.420
As we discussed at the last meeting,
01:51:06.420 --> 01:51:11.420
I was very concerned about
sort of modifying the rules
01:51:13.160 --> 01:51:15.724
in the middle of the process.
01:51:15.724 --> 01:51:18.900
And I was concerned
01:51:18.900 --> 01:51:23.900
that we were over-capturing
existing contracts.
01:51:23.930 --> 01:51:25.460
I still have that concern
01:51:25.460 --> 01:51:28.750
but I recognize that there
are countervailing issues
01:51:28.750 --> 01:51:31.850
with regard to the large amount of funds
01:51:32.690 --> 01:51:34.605
that would otherwise not be available
01:51:34.605 --> 01:51:38.230
for other aspects of the program.
01:51:38.230 --> 01:51:43.010
So I am comfortable
with the August 17th date
01:51:43.010 --> 01:51:45.633
as proposed by
Commissioner Rechtschaffen.
01:51:49.010 --> 01:51:50.450
Yes, Commissioner Shiroma.
01:51:52.120 --> 01:51:55.950
Yes, I want to thank you
Commissioner Rechtschaffen
01:51:55.950 --> 01:52:00.950
Judge Fogel and energy
division for these revisions.
01:52:01.270 --> 01:52:06.070
I support the revisions and overall
01:52:06.070 --> 01:52:09.340
with any of these programs,
any of our programs
01:52:09.340 --> 01:52:13.470
that involve these kinds of attributes
01:52:13.470 --> 01:52:16.500
to the amount of monies, the subsidies
01:52:16.500 --> 01:52:20.912
the full payment for
items, and what have you.
01:52:20.912 --> 01:52:25.912
There are lots of lessons learned
01:52:26.660 --> 01:52:28.230
from any of these experiences
01:52:28.230 --> 01:52:32.510
towards crafting the
criteria going forward
01:52:32.510 --> 01:52:37.448
for those with space
kinds of like decisions
01:52:37.448 --> 01:52:41.560
and priorities as opposed to a simple
01:52:41.560 --> 01:52:42.740
first come, first serve.
01:52:42.740 --> 01:52:45.170
But anyway, thank you
very much for the revision
01:52:45.170 --> 01:52:46.808
and I support them.
01:52:46.808 --> 01:52:47.641
Thank you.
01:52:48.900 --> 01:52:51.020
Thank you Commissioner Shiroma.
01:52:51.020 --> 01:52:54.730
As your Bagley keen partner on this,
01:52:54.730 --> 01:52:59.187
Commissioner
Rechtschaffen on this proposal,
01:52:59.187 --> 01:53:02.510
I am supportive as well
01:53:02.510 --> 01:53:05.440
and I wanna thank you
very much for your hard work.
01:53:05.440 --> 01:53:08.360
You've really you
and the energy division
01:53:08.360 --> 01:53:10.507
and Judge Fogel worked very hard
01:53:10.507 --> 01:53:14.500
on making this sort
of difficult situation
01:53:14.500 --> 01:53:17.049
as right as it could be.
01:53:17.049 --> 01:53:18.680
And I certainly support moving the date
01:53:18.680 --> 01:53:20.990
to the 17th of August as well.
01:53:20.990 --> 01:53:25.123
And I know how hard
you all worked to get there.
01:53:26.130 --> 01:53:31.130
I do have considerations
that are similar
01:53:31.170 --> 01:53:33.550
to Commissioner Guzman Aceves in that
01:53:34.680 --> 01:53:38.260
it seems like we don't have the data.
01:53:38.260 --> 01:53:40.030
I asked for it, but it doesn't seem
01:53:40.030 --> 01:53:41.330
that we have all of the data
01:53:41.330 --> 01:53:46.330
that this was an abused
situation by people who,
01:53:47.520 --> 01:53:49.250
for example, this is anecdotal
01:53:49.250 --> 01:53:54.240
but are using the
program for a second home
01:53:54.240 --> 01:53:59.240
a well for example, in the
Sierra Nevada Hill country
01:54:01.210 --> 01:54:05.110
At any rate, I'm very supportive
01:54:05.110 --> 01:54:06.740
and I want to thank you and Judge Fogel
01:54:06.740 --> 01:54:10.210
for the hard work that you
put into to make these changes.
01:54:10.210 --> 01:54:12.260
And I appreciate it very much.
01:54:12.260 --> 01:54:15.423
Any other comments on item 18?
01:54:18.446 --> 01:54:22.287
Yes Commissioner Rechtschaffen.
01:54:22.287 --> 01:54:25.627
I want to respond to the
Commissioner Guzman Aceves.
01:54:27.390 --> 01:54:29.080
I don't think I have the votes
01:54:29.080 --> 01:54:31.593
to do any to change the decision.
01:54:32.700 --> 01:54:37.060
Your formulation is not very different
01:54:37.060 --> 01:54:39.073
than what was originally proposed,
01:54:40.523 --> 01:54:45.523
which did change the
expectations of well customers
01:54:48.330 --> 01:54:51.033
if we were to go with your approach,
01:54:52.300 --> 01:54:53.660
we would essentially say
01:54:53.660 --> 01:54:57.623
if you applied under the
rules that were in effect
01:54:57.623 --> 01:55:02.623
at the time you applied,
you would be a lower priority
01:55:02.780 --> 01:55:05.370
than a medical baseline customer
01:55:06.440 --> 01:55:08.664
and that's very similar to what we said
01:55:08.664 --> 01:55:10.080
in the original decision
which is you not,
01:55:10.080 --> 01:55:11.850
you're not eligible
01:55:11.850 --> 01:55:15.100
unless you're a
low-income well customer.
01:55:15.100 --> 01:55:17.623
So if you applied under the old rules,
01:55:19.900 --> 01:55:22.687
and you haven't
gotten a reservation yet,
01:55:22.687 --> 01:55:25.310
you can't qualify for the program.
01:55:25.310 --> 01:55:29.650
So while I'm sympathetic to
the thrust of what you suggest
01:55:29.650 --> 01:55:31.680
and would like to keep as much money
01:55:31.680 --> 01:55:33.850
for the most vulnerable customers,
01:55:33.850 --> 01:55:38.640
I don't think we have
the votes to do that
01:55:39.570 --> 01:55:41.593
and change this proposed decision.
01:56:02.007 --> 01:56:02.993
I'm sorry.
01:56:02.993 --> 01:56:04.009
I was on mute again.
01:56:04.009 --> 01:56:07.320
Seeing no more comments
on item number 18
01:56:07.320 --> 01:56:08.829
with the agenda.
01:56:08.829 --> 01:56:09.913
Clerk, please call the roll.
01:56:11.625 --> 01:56:15.671
Comissioner Shiroma.
Aye.
01:56:15.671 --> 01:56:17.813
Commissioner Guzman Aceves.
No.
01:56:19.210 --> 01:56:21.993
Comissioner Randolph.
Yes.
01:56:23.427 --> 01:56:25.963
Comissioner Rechtschaffen.
Yes.
01:56:27.310 --> 01:56:29.323
President Batjer.
Yes.
01:56:31.130 --> 01:56:36.103
The vote count is four to
one, item number 18 passes.
01:56:37.080 --> 01:56:38.277
Okay, thank you.
01:56:38.277 --> 01:56:41.920
Moving on, I will now introduce item 19.
01:56:41.920 --> 01:56:44.960
This proposed decision authorizes PGNE
01:56:44.960 --> 01:56:49.020
to recover in rates on an interim basis,
01:56:49.020 --> 01:56:53.220
447 million in costs it has incurred
01:56:53.220 --> 01:56:56.280
for completing wildfire mitigation work
01:56:56.280 --> 01:57:00.773
pursuant to AB 1054 and SB 901.
01:57:01.830 --> 01:57:05.990
This amount is about
half of the 891 million
01:57:05.990 --> 01:57:10.093
and cost PGNE sought
three cover in its application.
01:57:10.990 --> 01:57:14.550
The proposed decision
authorizes interim cost recovery
01:57:14.550 --> 01:57:17.530
for welfare mitigation
memorandum accounts.
01:57:17.530 --> 01:57:22.170
It does not authorize PGNE
to recover costs that it recorded
01:57:22.170 --> 01:57:25.410
in its catastrophic events
memorandum account,
01:57:25.410 --> 01:57:28.386
and the SEMA as it requested
01:57:28.386 --> 01:57:32.530
because state law allows
PGNE to recover those costs
01:57:32.530 --> 01:57:34.220
in an expedited manner
01:57:34.220 --> 01:57:36.513
without needing interim cost recovery.
01:57:37.390 --> 01:57:38.750
To provide more detail
01:57:38.750 --> 01:57:41.690
on the types of costs that were incurred
01:57:41.690 --> 01:57:46.380
PGNE incurred these costs
from 2017 through 2019
01:57:46.380 --> 01:57:50.550
and according to it's
wildfire mitigation plan.
01:57:50.550 --> 01:57:54.170
Some examples of the work
PGNE did with these funds
01:57:54.170 --> 01:57:57.350
are advanced system
hardening and resiliency,
01:57:57.350 --> 01:58:00.140
improved wildfire detection,
01:58:00.140 --> 01:58:03.140
enhanced events response capacity,
01:58:03.140 --> 01:58:05.313
and enhanced vegetation management.
01:58:06.360 --> 01:58:08.720
These are exactly the
types of investments
01:58:08.720 --> 01:58:12.010
that are needed for PGNE
to harden its infrastructure
01:58:12.010 --> 01:58:15.240
as utility works to
comply with statutory
01:58:15.240 --> 01:58:18.390
and Commission
requirements to mitigate wildfires
01:58:18.390 --> 01:58:20.710
and enhance public safety.
01:58:20.710 --> 01:58:23.630
The costs are not related
to paying for expenses
01:58:23.630 --> 01:58:27.020
or liabilities for past wildfires.
01:58:27.020 --> 01:58:29.020
Approval of these costs would translate
01:58:29.020 --> 01:58:32.070
into an approximate
monthly bill increase
01:58:32.070 --> 01:58:36.980
for residential customers
of $2.74 cents per month,
01:58:36.980 --> 01:58:41.570
or 1.9% increase for 17 months
01:58:41.570 --> 01:58:46.450
from December, 2020 to May 2022.
01:58:46.450 --> 01:58:50.360
So this will be on
customer's bills for 17 months,
01:58:50.360 --> 01:58:52.290
and then it will go away.
01:58:52.290 --> 01:58:55.810
Although this decision
temporarily increases rates,
01:58:55.810 --> 01:58:58.600
it will ultimately lead to lower rates
01:58:58.600 --> 01:59:01.130
because it will lower financing costs
01:59:01.130 --> 01:59:03.780
which rate pairs would
eventually be responsible for.
01:59:04.690 --> 01:59:07.407
Allowing for interim rate recovery now
01:59:07.407 --> 01:59:12.407
will also provide a rate
smoothing benefit to customers
01:59:13.400 --> 01:59:15.210
because it spreads cost recovery
01:59:15.210 --> 01:59:17.370
over a longer period of time
01:59:17.370 --> 01:59:19.143
than otherwise would be provided.
01:59:20.290 --> 01:59:22.180
One thing I want to underline
01:59:22.180 --> 01:59:25.260
is that these are not new costs.
01:59:25.260 --> 01:59:27.320
Additionally, the proposed decision
01:59:27.320 --> 01:59:31.700
requires PGNE to publicly
report the revenues collected
01:59:31.700 --> 01:59:35.010
in order to track and monitor
reconciliation of the costs
01:59:35.010 --> 01:59:37.070
over the coming years.
01:59:37.070 --> 01:59:39.047
PGNE filed another application
01:59:39.047 --> 01:59:42.820
where we will be reviewing the
reasonableness of these costs
01:59:42.820 --> 01:59:44.860
and the Commission
subsequently determines
01:59:44.860 --> 01:59:47.433
that any of the costs
are not reasonable.
01:59:48.580 --> 01:59:53.080
PGNE will refund that amount
to the customers with interest.
01:59:53.080 --> 01:59:56.200
Finally, the proposed decision
denies PGNE's requests
01:59:56.200 --> 01:59:58.440
for future interim cost recovery
01:59:58.440 --> 02:00:01.928
when a memorandum
mechanic seats $100 million
02:00:01.928 --> 02:00:06.450
because PGNE did not show
that such a broad policy shift
02:00:06.450 --> 02:00:10.480
would always result in
just and reasonable rates.
02:00:10.480 --> 02:00:12.620
And I think that something like this
02:00:12.620 --> 02:00:14.840
would be more appropriately considered
02:00:14.840 --> 02:00:19.390
in a proceeding that looks
at a policy across all utilities
02:00:19.390 --> 02:00:21.260
and with sufficient time and record
02:00:21.260 --> 02:00:24.040
to consider the pros and the cons.
02:00:24.040 --> 02:00:29.040
I'd like to extend a
tremendous thanks to you,
02:00:29.280 --> 02:00:32.100
ALJ Haiga who worked very hard
02:00:32.100 --> 02:00:35.068
and very quickly on this decision.
02:00:35.068 --> 02:00:37.300
I'd also like to thank Julia Endie,
02:00:37.300 --> 02:00:41.100
Michael Conklin, Bridget
Sear Smith, Dorothy Duda,
02:00:41.100 --> 02:00:43.540
Paul Phillips in the energy division.
02:00:43.540 --> 02:00:47.280
Candice Moray, Chris
chow, and Ed Aldavoski
02:00:48.445 --> 02:00:50.880
in the legal division and of course,
02:00:50.880 --> 02:00:55.792
and most importantly, my BK
partner you Mr. Retchschaffen
02:00:55.792 --> 02:00:57.860
and his chief of staff, Shawn Simon,
02:00:57.860 --> 02:01:00.580
and my chief of staff, Shannon Rourke,
02:01:00.580 --> 02:01:04.200
and my legal advisor, Brian Corbik.
02:01:04.200 --> 02:01:06.337
This has been quite a journey.
02:01:06.337 --> 02:01:11.337
So with that, I ask your
aye vote on this item.
02:01:12.810 --> 02:01:14.880
Turning back to my fellow Commissioners.
02:01:14.880 --> 02:01:17.007
Yes, Commissioner Rectschaffen.
02:01:18.620 --> 02:01:19.453
Thank you President Batjer.
02:01:19.453 --> 02:01:22.193
Thanks for that strong notice support,
02:01:23.051 --> 02:01:25.160
and thank you for your
very very hard work
02:01:25.160 --> 02:01:28.870
and care and attention to this decision.
02:01:28.870 --> 02:01:32.600
I think it strikes the right balance.
02:01:32.600 --> 02:01:35.930
As you note, it does
increase customer bills
02:01:35.930 --> 02:01:38.810
very very modestly in the short term
02:01:38.810 --> 02:01:43.583
but in the end, it's a lower
cost impact to customers.
02:01:44.450 --> 02:01:47.140
Otherwise, PGNE would
have to continue carrying
02:01:47.140 --> 02:01:51.220
over a billion dollars in
wildfire-related expenditures
02:01:51.220 --> 02:01:53.483
that shortens that length of time.
02:01:54.913 --> 02:01:57.276
It's not to say that any
bill increase right now
02:01:57.276 --> 02:02:02.276
given the economic impacts
of COVID is not difficult.
02:02:02.340 --> 02:02:03.300
It is.
02:02:03.300 --> 02:02:06.340
But I think the decision overall
02:02:06.340 --> 02:02:09.763
is in the best interest
of PGNE customers.
02:02:10.700 --> 02:02:12.676
As President Batjer indicated,
02:02:12.676 --> 02:02:15.860
these expenditures are very important
02:02:15.860 --> 02:02:20.519
to the critical wildfire
mitigation efforts
02:02:20.519 --> 02:02:23.843
and it was essential investment.
02:02:26.835 --> 02:02:29.180
As President Batjer also noted,
02:02:29.180 --> 02:02:32.500
the costs are subject to
the reasonable its review
02:02:32.500 --> 02:02:34.200
and other proceedings.
02:02:34.200 --> 02:02:36.770
And if we determine any
were not prudently spent,
02:02:36.770 --> 02:02:38.340
PGNE is required to refund
02:02:38.340 --> 02:02:42.050
the amount of customers with interest.
02:02:42.050 --> 02:02:46.143
So with that, I echo my
strong support for the decision,
02:02:47.560 --> 02:02:49.420
and I think it's the right result
02:02:49.420 --> 02:02:51.663
in a very difficult and tricky matter.
02:02:53.680 --> 02:02:55.880
Thank you Commissioner
Rechtschaffen.
02:02:55.880 --> 02:02:59.403
Any other comments on item 19?
02:03:00.610 --> 02:03:03.440
Okay, seeing none, we'll the I'm sorry.
02:03:03.440 --> 02:03:05.190
Mr. Shiroma did you have a comment?
02:03:06.320 --> 02:03:08.860
Just to say thank you formally.
02:03:08.860 --> 02:03:11.740
Once again, a Herculean
complicated effort
02:03:12.880 --> 02:03:17.880
and there will be the
view of the expenditures
02:03:21.940 --> 02:03:26.940
and the application to the customers.
02:03:27.470 --> 02:03:30.083
And if there's a refund
that needs to be done,
02:03:30.083 --> 02:03:32.210
that that will be done.
02:03:32.210 --> 02:03:36.332
And meanwhile, the
wildfire mitigation plans,
02:03:36.332 --> 02:03:38.990
all the efforts to prevent wildfires
02:03:38.990 --> 02:03:42.500
to hardness system are essential.
02:03:42.500 --> 02:03:44.960
And meanwhile, the
efforts made to look out
02:03:44.960 --> 02:03:48.680
for minimizing the
impact on the customers
02:03:48.680 --> 02:03:53.680
I think it's a very holistic
effort all the way around.
02:03:54.000 --> 02:03:56.350
So I support the proposal.
02:03:56.350 --> 02:03:57.183
Thank you.
02:03:58.355 --> 02:03:59.990
Thank you,
Commissioner Shiroma.
02:03:59.990 --> 02:04:03.363
Any other comments on item number 19?
02:04:05.140 --> 02:04:06.760
Okay, seeing none will the agenda clerk
02:04:06.760 --> 02:04:07.870
please call the roll.
02:04:09.031 --> 02:04:11.434
Commissioner Shiroama.
Aye.
02:04:11.434 --> 02:04:13.873
Commissioner Guzman Aceves.
Aye.
02:04:15.490 --> 02:04:17.973
Commissioner Randolph.
Yes.
02:04:19.260 --> 02:04:21.153
Comissioner Rechtschaffen.
Yes.
02:04:22.040 --> 02:04:24.160
President Batjer.
Yes.
02:04:24.160 --> 02:04:27.870
Thank you, the vote is
unanimous on item number 19.
02:04:27.870 --> 02:04:29.320
Thank you very much.
02:04:29.320 --> 02:04:31.797
Moving now to item number 20.
02:04:31.797 --> 02:04:33.410
Comissioner Rechtschaffen.
02:04:33.410 --> 02:04:35.030
This is an extension order
02:04:35.030 --> 02:04:38.190
in the Crimson pipeline
general rate case.
02:04:38.190 --> 02:04:40.198
It's a rate case for all pipelines.
02:04:40.198 --> 02:04:43.510
It involves several
applications for rate increases
02:04:43.510 --> 02:04:45.420
that were consolidated.
02:04:45.420 --> 02:04:50.160
A proposed decision was
issued on the 16th, just last week
02:04:50.160 --> 02:04:51.970
to expected that it
will be on the agenda
02:04:51.970 --> 02:04:54.840
for the November 19th
Commission meeting.
02:04:54.840 --> 02:04:57.790
This extension will allow us time
02:04:57.790 --> 02:05:02.030
to adopt the final decision
and would grant an extension
02:05:02.030 --> 02:05:04.280
until December 31st of this year.
02:05:04.280 --> 02:05:05.633
I ask for your support.
02:05:08.480 --> 02:05:09.447
Tank you Commissioner
Rechtschaffen.
02:05:09.447 --> 02:05:12.403
Are there any comments
or questions on item 20?
02:05:14.480 --> 02:05:15.962
Okay, seeing none,
02:05:15.962 --> 02:05:18.150
will the agenda clerk
please call the roll.
02:05:18.150 --> 02:05:20.593
Comissioner Shiroma.
Aye.
02:05:21.945 --> 02:05:24.250
Commissioner Guzman Aceves.
Aye.
02:05:24.250 --> 02:05:27.363
Comissioner Randolph.
Yes.
02:05:28.324 --> 02:05:31.366
Comissioner Rechtschaffen.
Yes.
02:05:31.366 --> 02:05:34.130
President Batjer.
Yes.
02:05:34.130 --> 02:05:37.010
Thank you, the vote is
unanimous on item 20.
02:05:37.010 --> 02:05:38.910
Moving now to item 21.
02:05:38.910 --> 02:05:42.750
This is an informational
only item, a non-voting item
02:05:42.750 --> 02:05:46.370
and that is the legislative
outcomes presentation
02:05:46.370 --> 02:05:49.110
of the 2020 legislative session.
02:05:49.110 --> 02:05:51.730
I'm waiting on the edge of my seat.
02:05:51.730 --> 02:05:54.184
Director Hazel Miranda.
02:05:54.184 --> 02:05:55.880
(laughing)
02:05:55.880 --> 02:05:57.650
Good morning,
or good afternoon.
02:05:57.650 --> 02:06:01.253
Thank you so much for
the opportunity to present.
02:06:04.010 --> 02:06:06.930
We have I'll be providing a summary
02:06:06.930 --> 02:06:09.293
of the 2020 legislative outcome.
02:06:10.300 --> 02:06:11.343
Next slide please.
02:06:13.730 --> 02:06:15.250
So the office of government affairs
02:06:15.250 --> 02:06:20.250
actively engages in
the legislative process
02:06:20.340 --> 02:06:24.980
providing essential insight,
perspective and information
02:06:24.980 --> 02:06:28.185
about the PUC's regulatory activity.
02:06:28.185 --> 02:06:32.220
This engagement helps
shape proposed legislation
02:06:32.220 --> 02:06:35.920
so that they are designed
as the most effective solutions
02:06:35.920 --> 02:06:39.490
towards addressing
important social challenges.
02:06:39.490 --> 02:06:42.971
This legislative year proved
to be one of the most unusual
02:06:42.971 --> 02:06:46.370
and challenging due to
the frightening impacts
02:06:46.370 --> 02:06:48.380
of the COVID pandemic,
02:06:48.380 --> 02:06:51.890
following guidance of
the stay-at-home order
02:06:51.890 --> 02:06:56.044
the legislature recessed
in mid-March until May
02:06:56.044 --> 02:06:59.290
this gap in the legislative process
02:06:59.290 --> 02:07:01.848
significantly shortened
the amount of time
02:07:01.848 --> 02:07:05.372
in which introduced
bills could be analyzed
02:07:05.372 --> 02:07:08.070
and deliberated upon.
02:07:08.070 --> 02:07:11.740
Legislators were encouraged
to reduce their bill load
02:07:11.740 --> 02:07:15.490
and refocus their legislative efforts
02:07:15.490 --> 02:07:18.350
on immediate issues related to health,
02:07:18.350 --> 02:07:22.319
safety, and economic
impact of the virus.
02:07:22.319 --> 02:07:25.900
In addition, the new social distancing,
02:07:25.900 --> 02:07:29.890
remote voting and personal
protective equipment rules
02:07:29.890 --> 02:07:33.360
and requirements for
legislators and their staff
02:07:33.360 --> 02:07:35.530
slowed the pace of
the legislative process
02:07:35.530 --> 02:07:37.770
until the end of the year.
02:07:37.770 --> 02:07:40.950
In the last month of
the legislative year,
02:07:40.950 --> 02:07:45.130
members were forced to
further prioritize their efforts
02:07:45.130 --> 02:07:49.160
in that mitigating the
negative economic impact
02:07:49.160 --> 02:07:51.330
of the recent natural disasters
02:07:51.330 --> 02:07:55.150
and table non-urgent
matters to next year.
02:07:55.150 --> 02:07:56.293
Next slide, please.
02:08:00.010 --> 02:08:02.950
Despite the new challenges
this year presented,
02:08:02.950 --> 02:08:07.380
OGA continued efforts to
engage in the legislative process
02:08:07.380 --> 02:08:12.119
and ensure the perspectives
of the PUC were shared,
02:08:12.119 --> 02:08:16.318
recognized and used
to inform legislation.
02:08:16.318 --> 02:08:18.760
Over the course of this year,
02:08:18.760 --> 02:08:23.323
OGA formally tracked 124
bills of interest to the PUC.
02:08:24.800 --> 02:08:29.620
Each of the CPC divisions
provided invaluable insight
02:08:29.620 --> 02:08:31.790
on potential impacts of each bill
02:08:31.790 --> 02:08:36.790
on the agency's existing
policies, practices, procedures
02:08:37.020 --> 02:08:38.274
and the objective.
02:08:38.274 --> 02:08:43.220
Of the 124 bills
formerly tracked by OGA,
02:08:43.220 --> 02:08:45.580
nine passed the legislature
02:08:45.580 --> 02:08:48.630
and nine were signed by the Governor.
02:08:48.630 --> 02:08:51.071
In addition, the CPC participated
02:08:51.071 --> 02:08:55.610
in four legislative
committee oversight hearings
02:08:55.610 --> 02:09:00.380
and provided three formal
legislative staff briefings
02:09:00.380 --> 02:09:02.850
on a variety of topics.
02:09:02.850 --> 02:09:05.350
The formal briefings were aimed
02:09:05.350 --> 02:09:07.590
at informing legislative staff
02:09:07.590 --> 02:09:12.590
about the PEC's regulatory
activities and policy actions.
02:09:13.450 --> 02:09:14.283
Next slide.
02:09:17.840 --> 02:09:20.389
OGA actively collaborated
and coordinated
02:09:20.389 --> 02:09:24.500
with its sister agencies
and organizations
02:09:24.500 --> 02:09:27.930
including energy Commission, Tyso, CARB,
02:09:27.930 --> 02:09:31.080
OES, Cal fire, Cal jam
02:09:31.080 --> 02:09:34.250
on its engagement with
the legislature this year.
02:09:34.250 --> 02:09:36.250
This collaboration was critical
02:09:36.250 --> 02:09:39.510
for the agency to
communicate shared interests
02:09:39.510 --> 02:09:41.658
and concerns about legislation.
02:09:41.658 --> 02:09:44.180
And in many circumstances,
02:09:44.180 --> 02:09:48.090
leveraging each organization's
subject matter expertise
02:09:48.090 --> 02:09:51.410
was essential and help lead to positive
02:09:51.410 --> 02:09:53.570
and important outcome.
02:09:53.570 --> 02:09:54.423
Next slide.
02:09:58.230 --> 02:10:02.810
This year, the CPS team
took a public oppose position
02:10:02.810 --> 02:10:05.940
on AB 1720 Kareo.
02:10:05.940 --> 02:10:09.910
The long duration energy storage bill,
02:10:09.910 --> 02:10:12.580
a bill aimed at forcing the procurement
02:10:12.580 --> 02:10:16.350
of pump hydro electric
energy storage projects
02:10:16.350 --> 02:10:19.610
that would have undermined the CPC's
02:10:19.610 --> 02:10:22.200
integrated resource planning process
02:10:22.200 --> 02:10:25.118
and compromised the state's ability
02:10:25.118 --> 02:10:27.663
to achieve its greenhouse
gas emission goals.
02:10:28.930 --> 02:10:32.100
The energy resource
procurement mandate in this bill
02:10:32.100 --> 02:10:34.910
could have resulted
an energy resource mix
02:10:35.877 --> 02:10:37.119
that falls significantly short
02:10:37.119 --> 02:10:41.850
of meeting the goals
established in SB 350.
02:10:41.850 --> 02:10:45.230
OGA issued an opposed
position on the memo,
02:10:45.230 --> 02:10:48.620
actively engaged
stakeholders and the legislature
02:10:48.620 --> 02:10:52.580
to ensure the PEC's
concerns were with this new
02:10:52.580 --> 02:10:55.820
energy procurement mandate
were widely understood.
02:10:55.820 --> 02:10:59.630
The bill was ultimately pulled
from policy committee hearing
02:10:59.630 --> 02:11:01.223
and failed to advance.
02:11:02.210 --> 02:11:03.043
Next slide.
02:11:06.580 --> 02:11:09.590
In light of COVID, the
legislature expressed
02:11:09.590 --> 02:11:12.100
a heightened interest
in broadband service
02:11:12.100 --> 02:11:14.530
and closing the digital divide.
02:11:14.530 --> 02:11:17.090
There were many policy priorities
02:11:17.090 --> 02:11:21.080
but they primarily centered
around modification
02:11:21.080 --> 02:11:25.840
to the CPC's California
advanced services fund.
02:11:25.840 --> 02:11:29.490
Legislatively, there were
two major broadband bills
02:11:29.490 --> 02:11:34.490
AB 570, AGI or Curry and
SB 1130, Senator Gonzalez.
02:11:37.110 --> 02:11:42.050
While the bills ultimately
did not end up passing,
02:11:42.050 --> 02:11:45.440
OGA provided significant
technical feedback
02:11:45.440 --> 02:11:47.530
in guidance to both authors
02:11:47.530 --> 02:11:51.460
they coders and other
legislative opposites.
02:11:51.460 --> 02:11:55.010
The pandemic has
highlighted the necessity
02:11:55.010 --> 02:11:58.460
of broadband service
for essential activities
02:11:58.460 --> 02:12:03.460
such as teleworking,
tele-health and distance learning.
02:12:03.620 --> 02:12:07.730
As a result, the legislature
will continue to be engaged
02:12:07.730 --> 02:12:09.350
on broadband next year,
02:12:09.350 --> 02:12:12.220
and the broadband policy proposals
02:12:12.220 --> 02:12:16.293
noted above will likely be reintroduced.
02:12:17.680 --> 02:12:19.440
Aside from these efforts,
02:12:19.440 --> 02:12:20.994
several legislators introduced bills
02:12:20.994 --> 02:12:24.830
on other telecommunications issues,
02:12:24.830 --> 02:12:29.550
such as universal service,
consumer protection
02:12:29.550 --> 02:12:32.150
and resiliency to name a few.
02:12:32.150 --> 02:12:35.840
There were bills focused
on disaster preparedness
02:12:35.840 --> 02:12:39.010
for telecommunication
providers that were held
02:12:39.010 --> 02:12:42.630
in their house of origin
and the most significant bill
02:12:42.630 --> 02:12:45.380
which would have codified the PEC's
02:12:45.380 --> 02:12:49.830
backup power supply rules
for communication service
02:12:49.830 --> 02:12:52.120
was ultimately held in the second house
02:12:52.120 --> 02:12:54.580
and appropriations committee.
02:12:54.580 --> 02:12:57.870
Ultimately, almost no highly significant
02:12:57.870 --> 02:13:01.675
telecommunication legislation
was passed this year.
02:13:01.675 --> 02:13:03.960
However, looking at next year,
02:13:03.960 --> 02:13:06.640
there is a high
likelihood that we will see
02:13:06.640 --> 02:13:09.120
significant legislative efforts
02:13:09.120 --> 02:13:11.880
to address telecommunication issues
02:13:11.880 --> 02:13:16.050
such as broadband
quality access, affordability
02:13:16.050 --> 02:13:19.490
resiliency, and reliability.
02:13:19.490 --> 02:13:20.323
Next slide.
02:13:24.230 --> 02:13:27.670
OGA also provided technical
feedback on two assembly bills
02:13:27.670 --> 02:13:31.800
pertaining to the CPCs
regulatory authority
02:13:31.800 --> 02:13:34.410
over several transportation services
02:13:34.410 --> 02:13:39.410
AB 2995-2 and AB 3116
from assembly member Erwin.
02:13:43.210 --> 02:13:46.810
We also participated
in an oversight hearing
02:13:46.810 --> 02:13:49.020
on TNC data privacy
02:13:49.020 --> 02:13:51.893
held by the Senate
transportation committee.
02:13:53.050 --> 02:13:54.740
OGA provided regular updates
02:13:54.740 --> 02:13:56.700
with key legislative staff
02:13:56.700 --> 02:13:59.620
regarding the implementation of AB-5,
02:13:59.620 --> 02:14:02.530
the Gonzalez bill that passed last year.
02:14:02.530 --> 02:14:06.000
There was minimum legislation activity
02:14:07.150 --> 02:14:12.150
pertaining to CPC jurisdictional
water companies this year.
02:14:12.860 --> 02:14:16.050
There were two bills
pertaining to the topic
02:14:16.050 --> 02:14:18.410
in their respective policy committee.
02:14:18.410 --> 02:14:19.717
This was large.
02:14:19.717 --> 02:14:22.870
Neither of the two bills were ever heard
02:14:22.870 --> 02:14:25.510
in their respective policy committee.
02:14:25.510 --> 02:14:28.000
This was largely due
to the reduced capacity
02:14:28.000 --> 02:14:30.610
of the legislature to consider bills
02:14:30.610 --> 02:14:33.863
not focused on the impact of COVID.
02:14:34.730 --> 02:14:35.807
Next slide please.
02:14:40.100 --> 02:14:42.250
At the beginning of
the legislative year,
02:14:42.250 --> 02:14:46.460
OGA was tracking
roughly 80 energy bills.
02:14:46.460 --> 02:14:49.690
These bills proposed a
multitude of new policies,
02:14:49.690 --> 02:14:54.290
largely focused on preventing
electric utility equipment
02:14:54.290 --> 02:14:57.840
from igniting wildfires,
including but not limited
02:14:57.840 --> 02:15:02.790
to requiring additional
electric system hardening,
02:15:02.790 --> 02:15:07.140
limiting the scope and
magnitude of public safety
02:15:07.140 --> 02:15:11.800
power shutoff, and increasing
vegetation management.
02:15:11.800 --> 02:15:13.990
Some bills were introduced to expand
02:15:13.990 --> 02:15:17.390
and modify rate and
bill assistance programs
02:15:17.390 --> 02:15:21.710
for customers experienced
income losses or reductions
02:15:21.710 --> 02:15:24.410
due to the COVID pandemic.
02:15:24.410 --> 02:15:26.990
Finally, there were a number of bills,
02:15:26.990 --> 02:15:30.080
aimed at expanding consumer protection,
02:15:30.080 --> 02:15:33.800
mitigating immediate
electric rate impacts,
02:15:33.800 --> 02:15:36.400
encouraging the expeditious development,
02:15:36.400 --> 02:15:41.040
deployment of transportation,
electrification infrastructure
02:15:43.775 --> 02:15:44.608
and providing incentive programs
02:15:44.608 --> 02:15:49.540
to capture non-energy
benefits in K through 12 schools.
02:15:49.540 --> 02:15:51.675
The latter bills were largely passed
02:15:51.675 --> 02:15:56.675
and are summarized in our
legislative outcomes report.
02:15:58.800 --> 02:15:59.653
Next slide.
02:16:02.300 --> 02:16:05.830
As you can see, the Commission
was extensively involved
02:16:05.830 --> 02:16:07.120
in many oversight
02:16:07.120 --> 02:16:10.410
and informational policy
committee hearings this year.
02:16:10.410 --> 02:16:13.960
Please note that the
hearings listed on the slide
02:16:13.960 --> 02:16:15.730
are only those that were held
02:16:15.730 --> 02:16:18.617
throughout the 2020 legislative year
02:16:18.617 --> 02:16:20.190
and do not include a recent hearings
02:16:20.190 --> 02:16:24.161
that the PNC has
participated in slide in.
02:16:24.161 --> 02:16:25.078
Next slide.
02:16:28.180 --> 02:16:30.010
In addition to participation
02:16:30.010 --> 02:16:33.735
in several informational
policy committee this year,
02:16:33.735 --> 02:16:36.497
we provided on her own accord
02:16:36.497 --> 02:16:41.497
the three informational
briefings to legislative staff.
02:16:41.730 --> 02:16:43.380
The purpose of these briefings
02:16:43.380 --> 02:16:47.030
are to one, inform legislative staff
02:16:47.030 --> 02:16:50.690
about various CPC
programs and initiatives
02:16:50.690 --> 02:16:54.562
that may spill over
into the legislative arena
02:16:54.562 --> 02:16:59.410
to provide legislative staff
with a basic understanding
02:16:59.410 --> 02:17:02.350
of the PhD regulatory activities
02:17:02.350 --> 02:17:06.497
to inform active and
potential legislation,
02:17:06.497 --> 02:17:09.120
to build our political capital
02:17:09.120 --> 02:17:13.330
and strengthen relationships
with key legislative staff,
02:17:13.330 --> 02:17:17.130
and to continue to
demonstrate to the legislature
02:17:17.130 --> 02:17:20.070
that we are a reliable and trustworthy
02:17:20.070 --> 02:17:23.130
subject matter oriented organization
02:17:23.130 --> 02:17:26.300
aimed at protecting the public interest.
02:17:26.300 --> 02:17:28.770
During the current fall interim,
02:17:28.770 --> 02:17:31.480
we continue to hold
these legislative briefings
02:17:31.480 --> 02:17:34.100
and have set six formal briefings
02:17:34.100 --> 02:17:36.970
between now and the end of the year
02:17:36.970 --> 02:17:39.180
on issues ranging from energy,
02:17:39.180 --> 02:17:42.430
to broadband to transportation.
02:17:42.430 --> 02:17:43.413
Next slide please.
02:17:46.410 --> 02:17:49.120
OGA worked closely with divisions
02:17:49.120 --> 02:17:51.250
to provide the department of finance
02:17:51.250 --> 02:17:54.720
and the appropriations
committees with critical information
02:17:54.720 --> 02:17:58.410
about the cost impact of
various proposed policies
02:17:58.410 --> 02:18:02.400
within legislation, the
economic outlook for the state
02:18:02.400 --> 02:18:04.260
in the wake of the COVID pandemic
02:18:04.260 --> 02:18:09.260
became the main criteria
employed to judge the necessity
02:18:09.270 --> 02:18:12.840
of each piece of legislation
and any related costs
02:18:12.840 --> 02:18:15.183
resulting from its implementation.
02:18:16.200 --> 02:18:19.970
During the 2020 legislative year,
02:18:19.970 --> 02:18:24.970
the PEC 67 fiscal impact
estimate requests for 35 belts.
02:18:28.130 --> 02:18:30.740
And despite the reduced number of bills
02:18:30.740 --> 02:18:34.770
affecting the PUC, dozens
of conversations were held
02:18:36.016 --> 02:18:36.849
with the department of finance
02:18:36.849 --> 02:18:38.970
and the appropriations committee
02:18:38.970 --> 02:18:41.841
of both the Assembly and the Senate
02:18:41.841 --> 02:18:45.550
to further explain, discuss and justify
02:18:45.550 --> 02:18:47.500
our fiscal impact analysis
02:18:47.500 --> 02:18:51.440
as well as express our policy concerns.
02:18:51.440 --> 02:18:52.893
Next slide.
02:18:55.620 --> 02:18:57.860
And lastly, and most importantly,
02:18:57.860 --> 02:19:01.930
as always I want to
acknowledge that our work in OGA
02:19:01.930 --> 02:19:04.990
can only be successful
because we have the commitment
02:19:04.990 --> 02:19:07.840
and dedication of a
larger group of people
02:19:07.840 --> 02:19:12.840
that includes besides
OGA staff, the OGA liaison,
02:19:12.980 --> 02:19:16.290
the division staff, the
support and engagement
02:19:16.290 --> 02:19:19.280
division directors,
Commissioners, advisors,
02:19:19.280 --> 02:19:22.460
our legislative
partners, sister agencies,
02:19:22.460 --> 02:19:24.270
and the Governor's office.
02:19:24.270 --> 02:19:25.840
I appreciate the contributions
02:19:25.840 --> 02:19:29.090
of all of who offer
their time and expertise
02:19:29.090 --> 02:19:32.970
to help us carry out
our responsibilities.
02:19:32.970 --> 02:19:34.203
Next slide please.
02:19:37.427 --> 02:19:39.060
And OGA has put together a larger,
02:19:39.060 --> 02:19:42.020
more extensive set of outcomes report
02:19:42.020 --> 02:19:43.590
which you can find on the website.
02:19:43.590 --> 02:19:46.160
I've included a link
on this final slide,
02:19:46.160 --> 02:19:48.580
and that concludes my presentation
02:19:48.580 --> 02:19:51.803
and thank you so much for
your time and for your attention.
02:19:53.170 --> 02:19:54.900
Hazel, thank you very much.
02:19:54.900 --> 02:19:59.493
This was an incredibly
difficult and odd year
02:19:59.493 --> 02:20:04.493
with the COVID-19 and
the various close downs
02:20:05.400 --> 02:20:07.800
that the capital experienced.
02:20:07.800 --> 02:20:12.620
I personally wanna thank you
and your team Grant and Marinas
02:20:12.620 --> 02:20:17.620
Emilio, Laurie and you
are five mighty hard work
02:20:18.630 --> 02:20:20.950
and terrific people.
02:20:20.950 --> 02:20:23.220
I want to also personally thank you
02:20:23.220 --> 02:20:27.963
for the various hearings that I had.
02:20:29.547 --> 02:20:33.860
Most importantly, I selfishly
say my confirmation hearings
02:20:35.154 --> 02:20:39.494
that you all were tremendous
in helping prepare me
02:20:39.494 --> 02:20:44.020
and setting up all of
the various meetings.
02:20:44.020 --> 02:20:47.760
I've tried hard to create
some relationships
02:20:47.760 --> 02:20:48.960
since I came on board
02:20:48.960 --> 02:20:53.530
and much to my thanks
to you and your staff
02:20:53.530 --> 02:20:57.810
for helping and guiding
me in establishing
02:20:57.810 --> 02:21:01.779
some of those relationships
on behalf of the CPUC.
02:21:01.779 --> 02:21:03.410
So you are a mighty team.
02:21:03.410 --> 02:21:06.556
I watched you all worked so hard
02:21:06.556 --> 02:21:09.080
And in some disheartening times,
02:21:09.080 --> 02:21:11.253
particularly with the telco bills,
02:21:13.000 --> 02:21:14.449
the knife were crushed and thinking
02:21:14.449 --> 02:21:17.510
that one of the really important bills
02:21:17.510 --> 02:21:18.450
was gonna get through
02:21:18.450 --> 02:21:22.660
and for some reasonable
last, probably five minutes
02:21:22.660 --> 02:21:27.660
before assignee die before the
session closed, we were done.
02:21:27.870 --> 02:21:31.150
So, and you and your team hung in there
02:21:31.150 --> 02:21:34.960
on so many occasions, working tirelessly
02:21:34.960 --> 02:21:39.680
for the bills that were so important
02:21:40.950 --> 02:21:42.240
to the CPUC and the Governor.
02:21:42.240 --> 02:21:43.990
We really thank you.
02:21:43.990 --> 02:21:45.297
And this was an excellent report.
02:21:45.297 --> 02:21:48.400
This is a really odd and difficult year.
02:21:48.400 --> 02:21:50.200
So thanks Hazel.
02:21:50.200 --> 02:21:51.183
Would anybody else?
02:21:55.210 --> 02:21:57.893
Yes, I think Commissioner
Shiroma first, yes.
02:22:01.180 --> 02:22:02.810
You're muted.
02:22:02.810 --> 02:22:04.123
Genevieve, you're muted.
02:22:09.220 --> 02:22:10.570
I'm talking and I'm on mute.
02:22:10.570 --> 02:22:11.403
Okay.
02:22:12.876 --> 02:22:16.100
I wanted to add my admiration, respect
02:22:17.530 --> 02:22:22.233
and extreme gratitude,
Hazel to you and your team.
02:22:23.203 --> 02:22:24.416
I remember when I first came on board,
02:22:24.416 --> 02:22:28.970
with making the rounds as well
02:22:28.970 --> 02:22:33.810
and I remember saying, do you have
02:22:33.810 --> 02:22:36.900
with are one pages, your plaque sheet
02:22:36.900 --> 02:22:40.530
because there is so
much I need to learn.
02:22:40.530 --> 02:22:44.930
Of course know what it is
was that your team is nimble.
02:22:44.930 --> 02:22:46.740
You're listening, you're learning,
02:22:46.740 --> 02:22:48.720
you're guarding the information
02:22:48.720 --> 02:22:50.570
and quickly turn that around
02:22:50.570 --> 02:22:53.620
to communicate with
legislators, the Governor's office
02:22:53.620 --> 02:22:55.000
stakeholders, and so forth
02:22:56.320 --> 02:22:58.170
and it was just happening so quickly.
02:22:59.180 --> 02:23:02.080
So thank you for all of the hard work.
02:23:02.080 --> 02:23:05.030
You make a huge difference for us.
02:23:05.030 --> 02:23:06.880
Again, my extreme admiration.
02:23:06.880 --> 02:23:07.713
Thank you.
02:23:10.055 --> 02:23:10.888
Thank you.
02:23:10.888 --> 02:23:13.640
And I believe Martha,
Comissioner Guzman Aceves,
02:23:13.640 --> 02:23:14.690
you had your hand up.
02:23:15.760 --> 02:23:16.670
Thank you.
02:23:16.670 --> 02:23:21.230
Just to reiterate everything
that President Batjer
02:23:21.230 --> 02:23:23.053
and Commissioner Shiroma has said,
02:23:24.510 --> 02:23:28.480
it's just we are so
fortunate to have all of you
02:23:28.480 --> 02:23:32.470
from Lori's kind of ability
02:23:32.470 --> 02:23:35.210
to really speak the finance language
02:23:35.210 --> 02:23:37.160
and translate that for everybody
02:23:37.160 --> 02:23:39.693
and all of the different
programs that we do.
02:23:40.860 --> 02:23:44.690
Grant's ability to really do everything
02:23:44.690 --> 02:23:48.060
from representing us that CAFDA
02:23:48.060 --> 02:23:51.150
that to explaining probably
a thousand times over
02:23:51.150 --> 02:23:53.018
with the IRP processes
02:23:53.018 --> 02:23:56.400
and Marina and Emilio and their work
02:23:56.400 --> 02:23:59.083
around telecommunications and water.
02:24:00.750 --> 02:24:03.550
Such different dynamics
from each one of those sectors
02:24:03.550 --> 02:24:05.760
and certainly Hazel,
02:24:05.760 --> 02:24:08.190
your ability to really
keep us all informed
02:24:08.190 --> 02:24:11.380
and as Commissioner Shiroma said,
02:24:11.380 --> 02:24:15.913
just be so nimble right now
with the different adjustments
02:24:15.913 --> 02:24:18.060
that are required on a weekly basis
02:24:18.060 --> 02:24:23.060
new rules, new processes,
and new communication styles.
02:24:25.130 --> 02:24:27.490
And then I also do want
to recognize the teams
02:24:27.490 --> 02:24:32.490
within the divisions that
make our work possible as well.
02:24:33.100 --> 02:24:35.513
And I know that they
did just as many drills
02:24:35.513 --> 02:24:40.040
for you guys to really able to
communicate our work better
02:24:40.040 --> 02:24:41.070
to the legislature.
02:24:41.070 --> 02:24:44.453
So much thanks to
that side of the puzzle.
02:24:45.550 --> 02:24:49.583
And here's to a better year next year.
02:24:50.540 --> 02:24:51.373
Thank you.
02:24:52.315 --> 02:24:54.551
Thank you.
02:24:54.551 --> 02:24:55.570
Thank you.
02:24:55.570 --> 02:24:57.710
Yes, Commissioner Rechtschaffen.
02:24:59.810 --> 02:25:01.538
I'd like to echo my thanks.
02:25:01.538 --> 02:25:05.560
I think the work that Hazel
and her colleagues have done
02:25:05.560 --> 02:25:08.170
has been extraordinary
02:25:08.170 --> 02:25:10.890
and I think it's reflected and viewed
02:25:10.890 --> 02:25:13.590
that the legislature has of the PUC
02:25:13.590 --> 02:25:16.283
and specifically of the
office of government affairs.
02:25:17.220 --> 02:25:19.830
They're asked to weigh
in on many, many things,
02:25:19.830 --> 02:25:21.410
more so than I think ever.
02:25:21.410 --> 02:25:26.410
And I think they are more
highly and respected then in year.
02:25:27.370 --> 02:25:28.203
And I think that's a real tribute
02:25:28.203 --> 02:25:29.593
to the work that you're doing.
02:25:30.980 --> 02:25:33.013
I'm a little bit worried though
02:25:33.013 --> 02:25:36.410
because I got a call from the
cooking channel this morning
02:25:37.260 --> 02:25:39.570
and they are apparently recruiting Hazel
02:25:39.570 --> 02:25:43.607
to chef a new show
that they're unveiling.
02:25:45.760 --> 02:25:49.860
They barely got a leak
copy of Hazel's demonstration
02:25:49.860 --> 02:25:51.790
of how to cook proportions last week
02:25:51.790 --> 02:25:56.790
at the, our Hispanic
Heritage Month event.
02:25:58.820 --> 02:26:00.430
I don't know how those of you
02:26:00.430 --> 02:26:01.650
who are outside the PUC may not know
02:26:01.650 --> 02:26:03.274
we had a series of events
02:26:03.274 --> 02:26:06.210
to celebrate Hispanic heritage month
02:26:06.210 --> 02:26:08.150
and Hazel did a cooking demonstration
02:26:08.150 --> 02:26:10.660
of how to make the quizzes,
which was extraordinary.
02:26:10.660 --> 02:26:13.960
Those of you who were at
the PUC who didn't see it,
02:26:13.960 --> 02:26:15.760
please check it out.
02:26:15.760 --> 02:26:17.510
It's recorded online.
02:26:17.510 --> 02:26:20.650
But the cooking
channel is very interested
02:26:20.650 --> 02:26:23.110
in seeing if Hazel can
come work for them.
02:26:23.110 --> 02:26:24.750
So I think it was fine.
02:26:24.750 --> 02:26:26.803
President Batjer with a counter offers.
02:26:28.060 --> 02:26:30.423
Oh, no political
leaked that story.
02:26:31.370 --> 02:26:32.840
Oh, I love it.
02:26:32.840 --> 02:26:33.673
I love it.
02:26:35.670 --> 02:26:36.970
Comissioner Randolph, yes.
02:26:38.630 --> 02:26:40.860
I'll just say
thank you as well.
02:26:40.860 --> 02:26:42.780
I've always incredibly impressed
02:26:42.780 --> 02:26:47.780
whenever I talk to
any of Hazel and Grant
02:26:50.264 --> 02:26:52.180
and everyone about a bill.
02:26:52.180 --> 02:26:55.310
I'm always amazed at the
depth of their knowledge
02:26:55.310 --> 02:26:59.070
and the fact that they
always ask the right questions
02:26:59.070 --> 02:27:02.050
and are always ready to
provide the right answers.
02:27:02.050 --> 02:27:06.570
And we just, there is no way
we could do it without you all.
02:27:06.570 --> 02:27:10.310
So thank you very much
for your continued hard work
02:27:10.310 --> 02:27:13.880
and this was an
extremely challenging year.
02:27:13.880 --> 02:27:15.050
But I don't know.
02:27:15.050 --> 02:27:16.710
It seems like every year is challenging
02:27:16.710 --> 02:27:19.610
for different reasons
and you always manage
02:27:19.610 --> 02:27:21.430
to rise to the occasion.
02:27:21.430 --> 02:27:22.467
So thank you.
02:27:23.327 --> 02:27:24.327
Thank you.
02:27:25.241 --> 02:27:28.373
Always in good spirits as well.
02:27:29.250 --> 02:27:30.910
So thank you again, Hazel.
02:27:30.910 --> 02:27:31.743
Great job.
02:27:31.743 --> 02:27:34.000
Yay.
02:27:34.000 --> 02:27:35.303
Congratulations everyone.
02:27:36.810 --> 02:27:38.053
Thank you very much.
02:27:45.287 --> 02:27:48.800
That concludes our regular agenda items.
02:27:48.800 --> 02:27:52.580
We'll move now onto
the management reports.
02:27:52.580 --> 02:27:55.930
There is no report on item 22.
02:27:55.930 --> 02:27:57.730
That would be the report and discussion
02:27:57.730 --> 02:27:59.290
on recent consumer protection
02:27:59.290 --> 02:28:02.270
and safety activities management report.
02:28:02.270 --> 02:28:07.270
And item 23, manage report
on administrative activities
02:28:07.844 --> 02:28:12.844
general counsel Eric
Aguilar will present on item 23.
02:28:13.550 --> 02:28:14.930
Eric, please.
02:28:14.930 --> 02:28:18.044
Yes, thank you,
President Batjer
02:28:18.044 --> 02:28:19.694
and good afternoon Commissioners.
02:28:21.290 --> 02:28:24.180
Before I introduce the class of 2020
02:28:24.180 --> 02:28:28.500
which are the new hires
to legal division this year,
02:28:28.500 --> 02:28:32.307
I really want to celebrate the
success the division has had
02:28:32.307 --> 02:28:36.740
in augmenting legal
resources for the Commission.
02:28:36.740 --> 02:28:40.690
When I became general
counsel in March of 2015,
02:28:40.690 --> 02:28:43.253
legal had about 63 attorneys.
02:28:44.310 --> 02:28:47.300
After years of unfunded mandates,
02:28:47.300 --> 02:28:49.640
legal division had basically not grown
02:28:49.640 --> 02:28:52.130
to keep up with the increasing
demands being made
02:28:52.130 --> 02:28:55.190
on the division and on the Commission.
02:28:55.190 --> 02:28:58.360
So one of my goals was
to remedy that situation
02:28:58.360 --> 02:29:00.350
and grow legal division
02:29:00.350 --> 02:29:02.980
in order to have sufficient resources
02:29:02.980 --> 02:29:04.643
to meet all these demands.
02:29:05.770 --> 02:29:08.350
Long story short, with great help
02:29:08.350 --> 02:29:10.133
from my assistant general counsel,
02:29:11.230 --> 02:29:13.807
and with the support
from both President Picker
02:29:13.807 --> 02:29:18.199
and president Batjer as
well we were successful
02:29:18.199 --> 02:29:20.173
in getting many new positions.
02:29:22.000 --> 02:29:24.930
So after we fill all of
our current vacancies
02:29:24.930 --> 02:29:27.850
which we're in the process of,
02:29:27.850 --> 02:29:32.160
legal division will have
over 100 attorneys.
02:29:32.160 --> 02:29:37.160
So it's been a real significant
augmentation of resources,
02:29:38.790 --> 02:29:43.053
which well for the benefit
of the whole Commission.
02:29:44.280 --> 02:29:46.457
And I want to give a shout out
02:29:46.457 --> 02:29:47.821
to my assistant general counsel
02:29:47.821 --> 02:29:52.490
we've had considerable manager resources
02:29:52.490 --> 02:29:57.370
the past 12 months to fill
vacancies and to make promotions.
02:29:57.370 --> 02:30:00.083
And again, promotions
are a very important part
02:30:00.083 --> 02:30:03.623
of our mentoring
responsibilities as well.
02:30:04.970 --> 02:30:08.483
And since March with COVID,
02:30:08.483 --> 02:30:12.240
we've had to do all of our
hiring interviews virtually
02:30:12.240 --> 02:30:14.493
which has been challenging,
02:30:15.443 --> 02:30:16.343
but we've made do.
02:30:17.230 --> 02:30:19.890
So during the past 12 months
02:30:19.890 --> 02:30:23.363
we've hired three new
assistant general counsels.
02:30:24.900 --> 02:30:28.970
We've filled 17 attorney vacancies,
02:30:28.970 --> 02:30:32.470
including 13 internal candidates.
02:30:32.470 --> 02:30:35.670
We've filled five
attorney five vacancies
02:30:35.670 --> 02:30:37.833
and these are all internal candidates.
02:30:40.340 --> 02:30:45.070
So I'm not gonna go into
detail about the promotions
02:30:45.070 --> 02:30:46.580
other than just to quickly name
02:30:46.580 --> 02:30:48.363
the people who've been promoted.
02:30:51.340 --> 02:30:56.040
So for the fourth, we
promoted Stacy Castro,
02:30:56.040 --> 02:30:58.733
Kathleen Chavon, Darlene Clark,
02:30:59.639 --> 02:31:00.780
(indistinct)
02:31:00.780 --> 02:31:03.630
Enrique Galardo, Darryl Drew,
02:31:03.630 --> 02:31:07.790
Lot Hill, Stephanie
Hollan, Jonathan Knapp
02:31:07.790 --> 02:31:12.790
Tony Manzo, Chris Nolan,
Krista Sala, and Karen Shepherd.
02:31:13.160 --> 02:31:16.710
We also hired four new
attorneys at the four-level.
02:31:16.710 --> 02:31:19.173
Won't be discussing
as far the new hires.
02:31:20.080 --> 02:31:22.926
Galen LeMay, Crystal, Hue,
02:31:22.926 --> 02:31:26.697
Michael Einhorn, Matthew Yuovich.
02:31:26.697 --> 02:31:31.697
We also made five attorney promotions.
02:31:34.010 --> 02:31:37.420
Peter Allen, who came to
us from the elder division
02:31:37.420 --> 02:31:41.540
although he originally
was in legal division.
02:31:41.540 --> 02:31:46.540
Dale Holzschuh, Diana Lee,
who subsequently was promoted
02:31:46.920 --> 02:31:51.920
to assistant general counsel
of public advocate's office.
02:31:52.260 --> 02:31:56.713
Kim Woopy, Noel Obiora, Jason Rieger.
02:31:58.840 --> 02:32:01.213
So kind of a quick snapshot.
02:32:02.300 --> 02:32:05.420
We've hired 13
attorneys from the outside
02:32:05.420 --> 02:32:08.810
and they're all very
experienced attorneys.
02:32:08.810 --> 02:32:11.578
Nine of them came
from the public sector,
02:32:11.578 --> 02:32:14.223
state local and federal government.
02:32:15.360 --> 02:32:17.410
We are very fortunate to have brought
02:32:18.764 --> 02:32:20.650
this public sector experience
02:32:20.650 --> 02:32:25.310
and they came from the
department of general services, DWR,
02:32:26.380 --> 02:32:30.023
city and county of San Francisco,
02:32:31.060 --> 02:32:36.060
treasury and tax
collector, the AG's office,
02:32:36.230 --> 02:32:38.660
their office of corporate fraud,
02:32:38.660 --> 02:32:42.780
California department of
tax and fee administration
02:32:42.780 --> 02:32:47.780
the CDC CalTrans and
social security administration.
02:32:48.310 --> 02:32:51.700
The other four came to
us from the private sector.
02:32:51.700 --> 02:32:53.270
So with no further ado,
02:32:53.270 --> 02:32:57.743
I would like to introduce our
new hires from the outside.
02:32:59.530 --> 02:33:03.860
Kevin Dollison is a 1996 graduate
02:33:03.860 --> 02:33:05.680
from the University of the Pacific
02:33:05.680 --> 02:33:09.710
with George School of
Law and a 1990 graduate
02:33:09.710 --> 02:33:13.910
from Nebraska Wesleyan University.
02:33:13.910 --> 02:33:15.230
He's worked for law firms
02:33:15.230 --> 02:33:17.250
and commercial real estate developers
02:33:17.250 --> 02:33:19.450
in the Sacramento region
02:33:19.450 --> 02:33:21.800
as well as operating his own practice
02:33:21.800 --> 02:33:24.600
where he represented both
public and private entities
02:33:24.600 --> 02:33:26.023
in real estate matters.
02:33:29.301 --> 02:33:31.141
In 2016, Kevin joined
the office of legal services
02:33:31.141 --> 02:33:34.500
at the department of general services,
02:33:34.500 --> 02:33:37.393
and then the Governor's
office of emergency services.
02:33:39.099 --> 02:33:40.430
His contract related work with the state
02:33:40.430 --> 02:33:43.563
has included reviewing
goods and service contracts,
02:33:44.603 --> 02:33:49.603
defending bid protests
during administrative hearings.
02:33:50.450 --> 02:33:52.760
Kevin loves all things outdoors.
02:33:52.760 --> 02:33:55.100
So when he's not working in the office,
02:33:55.100 --> 02:33:59.740
he can be found outside caring
for his menagerie of animals
02:33:59.740 --> 02:34:02.993
or riding his mules in the
back country of the sheriff.
02:34:05.840 --> 02:34:09.820
Jimmy Lee Jones has
practiced employment law
02:34:09.820 --> 02:34:14.480
at California Department of
Water Resources since 2003
02:34:16.060 --> 02:34:19.860
where she advised management
on personnel related issues
02:34:21.702 --> 02:34:24.620
and represented DWR before
the state personnel board
02:34:24.620 --> 02:34:26.822
California department
of human resources,
02:34:26.822 --> 02:34:30.220
California unemployment
insurance appeal board
02:34:30.220 --> 02:34:32.573
and Cal OSHA appeals.
02:34:33.550 --> 02:34:37.040
She's a 2001 graduate of
the University of the Pacific,
02:34:37.040 --> 02:34:38.563
at George School of Law.
02:34:39.734 --> 02:34:41.990
Has a BS in environmental resources,
02:34:41.990 --> 02:34:44.030
science degree from UC Davis
02:34:44.030 --> 02:34:48.183
with a minor in environmental
policy analysis and planning.
02:34:49.560 --> 02:34:51.560
Prior to law school Jeannie performed
02:34:51.560 --> 02:34:54.380
water quality monitoring and testing
02:34:54.380 --> 02:34:57.840
in the Bay Delta estuary for DWR.
02:34:57.840 --> 02:35:02.130
During her spare time, she
enjoys traveling around the world
02:35:02.130 --> 02:35:04.160
and baking at home.
02:35:04.160 --> 02:35:06.420
We hear that certain DWR colleagues
02:35:06.420 --> 02:35:09.273
greatly missed her lemon
bars and banana bread.
02:35:11.940 --> 02:35:16.590
Theresa Buckley is a 2008 graduate
02:35:16.590 --> 02:35:19.010
of UC Berkeley School of Law.
02:35:19.010 --> 02:35:22.070
Prior to law school,
Theresa studied public policy
02:35:22.070 --> 02:35:24.610
at Princeton University.
02:35:24.610 --> 02:35:26.420
She has worked for
the federal government
02:35:26.420 --> 02:35:29.820
in Washington DC and in San Francisco.
02:35:29.820 --> 02:35:31.810
They began her career in litigation,
02:35:31.810 --> 02:35:34.403
working for several large
and mid-size law firms.
02:35:35.580 --> 02:35:39.940
In 2015, she joined the
legal team at Sun Edison
02:35:39.940 --> 02:35:42.310
and witnessed the
renewable energy companies
02:35:42.310 --> 02:35:44.523
rise and fall up close.
02:35:45.690 --> 02:35:47.490
After that she returned
to public service
02:35:47.490 --> 02:35:49.510
working with the city and County
02:35:49.510 --> 02:35:52.773
of San Francisco's
treasurer and tax collector.
02:35:54.180 --> 02:35:56.060
Although she grew up in San Francisco,
02:35:56.060 --> 02:35:57.610
for college he was drawn North
02:35:57.610 --> 02:35:59.620
to the University of Washington
02:35:59.620 --> 02:36:03.440
where she was a coxswain
on the women's crew team.
02:36:03.440 --> 02:36:06.550
She is also the mother of
a very bright and energetic
02:36:06.550 --> 02:36:07.863
seven-year-old son.
02:36:10.780 --> 02:36:13.090
Donald Hila spent 20 years
02:36:13.090 --> 02:36:15.990
at the California
department of insurance
02:36:15.990 --> 02:36:19.310
and is well-versed in
administrative litigation
02:36:19.310 --> 02:36:22.476
including insurance
rate cases investigations
02:36:22.476 --> 02:36:24.960
and enforcement matters.
02:36:24.960 --> 02:36:27.390
His victories at the
department of insurance
02:36:27.390 --> 02:36:30.004
include the hearing record fines
02:36:30.004 --> 02:36:33.100
and returning premiums to rate payers
02:36:33.100 --> 02:36:34.720
in cases against insurance company.
02:36:34.720 --> 02:36:39.720
He comes to us most recently
from private practice work,
02:36:40.840 --> 02:36:43.800
including stints at the AG's office
02:36:43.800 --> 02:36:45.380
of corporate fraud section
02:36:45.380 --> 02:36:47.670
where he worked on the Morgan Stanley
02:36:47.670 --> 02:36:50.300
securities fraud allocation,
02:36:50.300 --> 02:36:53.930
and practicing before the
Commission, this Commission,
02:36:53.930 --> 02:36:57.730
while working for the Consumer
Federation of California
02:36:57.730 --> 02:36:58.563
for two years.
02:36:59.660 --> 02:37:03.820
He has argued cases in
the state trial court of appeal
02:37:03.820 --> 02:37:05.190
on federal court of appeal.
02:37:05.190 --> 02:37:07.827
He's a graduate of USF School of Law
02:37:07.827 --> 02:37:12.480
and has a BA in English from
Kean University in New Jersey.
02:37:12.480 --> 02:37:16.530
He's an avid reader of
non-fiction, including economics
02:37:16.530 --> 02:37:20.260
American history and
biographies of historical figures
02:37:20.260 --> 02:37:24.053
and the actors from
Hollywood to golden age.
02:37:24.942 --> 02:37:27.873
And she gave an example of Karl Malden.
02:37:29.160 --> 02:37:31.990
He's also a collector of film.
02:37:31.990 --> 02:37:36.610
Has more than 1500
films in digital format.
02:37:36.610 --> 02:37:39.128
He lives with his wife in Noey Valley.
02:37:39.128 --> 02:37:44.128
His past pets include lizards,
snakes, a rat, and many mice.
02:37:46.910 --> 02:37:48.080
He has no pets right now
02:37:48.080 --> 02:37:50.530
but has been using his
mother-in-law's rescue dog
02:37:50.530 --> 02:37:53.547
as a cert pet until the pandemic hit.
02:37:55.630 --> 02:37:58.370
He is like kitchen windows gardener.
02:37:58.370 --> 02:38:01.410
He also has a garden
plot in San Francisco
02:38:01.410 --> 02:38:04.883
parks and recs
departments, quipper street.
02:38:08.110 --> 02:38:09.773
Next, John van Griffin.
02:38:10.670 --> 02:38:14.540
John spent the last 14
years in private practice
02:38:14.540 --> 02:38:16.423
in an aviation law firm.
02:38:17.260 --> 02:38:19.210
His prior experience provided him
02:38:19.210 --> 02:38:20.910
with much related experience
02:38:20.910 --> 02:38:23.460
in regulatory compliance matters
02:38:23.460 --> 02:38:27.030
representing federally certified
air carriers and operators
02:38:27.030 --> 02:38:31.233
in enforcement and others
before the NTSB, ALJs,
02:38:32.575 --> 02:38:35.130
the FAA administrator
02:38:35.130 --> 02:38:37.403
and appeals to the US district court.
02:38:38.620 --> 02:38:40.980
John has experienced
representing parties
02:38:40.980 --> 02:38:44.160
and NTSB investigations
and at implementing
02:38:44.160 --> 02:38:47.090
corporate emergency response plans.
02:38:47.090 --> 02:38:49.620
He additionally has
general corporate tax
02:38:49.620 --> 02:38:51.830
and civil litigation experience
02:38:51.830 --> 02:38:55.210
and has practiced before
the federal court of claims,
02:38:55.210 --> 02:38:58.210
US bankruptcy court,
ninth circuit court of appeals,
02:38:58.210 --> 02:38:59.430
federal district courts
02:38:59.430 --> 02:39:02.960
and California superior
and appellate court.
02:39:02.960 --> 02:39:06.633
He graduated from Santa
Clara University, School of Law.
02:39:07.970 --> 02:39:11.170
He also BA from
Pennsylvania State University
02:39:11.170 --> 02:39:16.170
in advertising and public
relations, a minor in business.
02:39:17.310 --> 02:39:20.893
He is a trustee on the
Emory Unified School district,
02:39:22.159 --> 02:39:26.280
claims he used to
play guitar and Kickbox,
02:39:26.280 --> 02:39:29.940
but now loves board
sports and science fiction.
02:39:29.940 --> 02:39:32.877
He lives in Emeryville with his wife
02:39:32.877 --> 02:39:36.480
and four year old
daughter who he describes
02:39:36.480 --> 02:39:40.010
as being pure gasoline and vinegar
02:39:40.010 --> 02:39:44.030
and a 300-pound cat that
sets off his motion detector
02:39:44.030 --> 02:39:45.883
when jumping off the kitchen table.
02:39:48.816 --> 02:39:51.570
Next, Crystal Yu.
02:39:51.570 --> 02:39:55.530
She graduated from UC Davis in 2009.
02:39:55.530 --> 02:39:57.510
Prior to joining the Commission,
02:39:57.510 --> 02:39:59.980
she worked at the litigation bureau
02:39:59.980 --> 02:40:04.000
of the California department
of tax and fee administration
02:40:04.000 --> 02:40:07.510
and the state board of
equalization for 10 years,
02:40:07.510 --> 02:40:09.500
where she handles a variety of state
02:40:09.500 --> 02:40:12.770
and local tax law related matters,
02:40:12.770 --> 02:40:15.240
including tax refund court actions
02:40:15.240 --> 02:40:17.480
and administrative appeals
02:40:17.480 --> 02:40:22.170
at CVTFA Crystal also
made substantial contributions
02:40:22.170 --> 02:40:25.170
to California state tax legislation.
02:40:25.170 --> 02:40:28.170
And the administrative
rule-making process.
02:40:28.170 --> 02:40:29.760
Crystal lives in the East Bay
02:40:29.760 --> 02:40:33.063
with her two wonderful
children, ages five and four.
02:40:35.750 --> 02:40:40.210
Dalene Ramae joins the CPC from the CEC
02:40:40.210 --> 02:40:42.109
where he served for 12 years,
02:40:42.109 --> 02:40:44.670
both as an attorney and as advisor
02:40:44.670 --> 02:40:47.510
to Commissioner Aaron Douglas.
02:40:47.510 --> 02:40:49.140
Prior to joining the CEC,
02:40:49.140 --> 02:40:51.630
Galen served as legal consultant
02:40:51.630 --> 02:40:54.150
for the Center for Resource Solutions
02:40:54.150 --> 02:40:57.307
and as an associate with
Gibson Dunn and Crutcher,
02:40:57.307 --> 02:41:01.620
practicing commercialization
and business law.
02:41:01.620 --> 02:41:05.200
He is a graduate of the
University of Minnesota Law School
02:41:05.200 --> 02:41:06.483
and UC Berkeley.
02:41:07.460 --> 02:41:09.600
He grew up in Cornado California,
02:41:09.600 --> 02:41:13.610
where his parents first met
in high school and still reside.
02:41:13.610 --> 02:41:16.330
Galen lives in Sacramento
with his wife, Emily
02:41:16.330 --> 02:41:19.210
and a two-year-old son, Casper.
02:41:19.210 --> 02:41:23.100
When he isn't chasing
Casper, Galen and joys cards
02:41:23.100 --> 02:41:25.523
and board games,
soccer and watch movies.
02:41:28.690 --> 02:41:32.570
Christopher Cho joins
us from Curved Flow,
02:41:32.570 --> 02:41:35.790
a startup where he works with
developers and tech companies
02:41:35.790 --> 02:41:38.750
on land and infrastructure development.
02:41:38.750 --> 02:41:41.540
Prior to his in-house role,
02:41:41.540 --> 02:41:42.930
Chris spent several years
02:41:42.930 --> 02:41:47.280
as an associate at Perkins
Coy, Paula White covalence patch
02:41:47.280 --> 02:41:50.620
Duffy and Baths, where he
worked on an array of issues
02:41:50.620 --> 02:41:53.801
and environmental land use,
02:41:53.801 --> 02:41:58.190
local government
transportation and property law.
02:41:58.190 --> 02:42:00.450
He is a graduate of Stanford Law School
02:42:00.450 --> 02:42:05.304
and also holds a PhD in
economics from Stanford.
02:42:05.304 --> 02:42:10.304
He has a deep interest in
history, both natural and urban.
02:42:11.570 --> 02:42:13.370
And he's always happy to nerd out
02:42:13.370 --> 02:42:17.120
on the early development
of San Francisco Chinatown
02:42:17.120 --> 02:42:21.423
in fact, which is the
topic of his dissertation.
02:42:22.930 --> 02:42:25.780
He lives in Daly city
with his partner, Adam,
02:42:25.780 --> 02:42:27.610
their daughter Annalise
02:42:27.610 --> 02:42:32.610
and their 13-year-old
pound puppy, Layla.
02:42:36.690 --> 02:42:41.280
Michael Einhorn is coming
to the CPUC from CalTrans
02:42:41.280 --> 02:42:43.180
where he was a member
of the environmental
02:42:43.180 --> 02:42:45.540
and real property practice group.
02:42:45.540 --> 02:42:50.360
His work at CalTrans included
contaminated site mediation,
02:42:50.360 --> 02:42:52.680
regulatory enforcement proceedings
02:42:52.680 --> 02:42:55.870
and cost recovery
contribution litigation,
02:42:55.870 --> 02:42:57.851
state, and federal courts
02:42:57.851 --> 02:42:59.910
federal and state land transfers,
02:42:59.910 --> 02:43:03.230
sequel, NEPA, advising
and rip proceedings.
02:43:03.230 --> 02:43:07.010
Permitting issues, asserting
claims against Edison
02:43:07.010 --> 02:43:10.424
arising from the Montecito debris flows
02:43:10.424 --> 02:43:11.650
following the Thomas fire,
02:43:11.650 --> 02:43:15.550
state and federal appeals,
eminent domain and enforcement
02:43:15.550 --> 02:43:18.233
in defense of the
outdoor advertising act.
02:43:20.770 --> 02:43:22.210
Prior to state service,
02:43:22.210 --> 02:43:24.550
Michael worked for a
small environmental law firm
02:43:24.550 --> 02:43:28.180
involved in many of the
same areas just listed.
02:43:28.180 --> 02:43:30.567
He attended the University of Michigan
02:43:30.567 --> 02:43:35.280
for undergrad and USF School of Law.
02:43:35.280 --> 02:43:37.970
He and his wife, Lilly
spend their free time
02:43:37.970 --> 02:43:41.640
with their two children,
Maddie nearly six
02:43:41.640 --> 02:43:43.293
and Arnica, three.
02:43:44.285 --> 02:43:47.093
Aaron Jacob Smith.
02:43:48.030 --> 02:43:50.870
Aaron is a native stance Santa cruising,
02:43:50.870 --> 02:43:54.870
having grown up in the
redwoods above UCFU.
02:43:54.870 --> 02:43:58.280
Miraculously and thankfully,
02:43:58.280 --> 02:44:00.860
his family home
survived the recent fires
02:44:00.860 --> 02:44:02.593
but it was a very close call.
02:44:03.550 --> 02:44:05.920
That early connection to natural spaces
02:44:05.920 --> 02:44:09.740
as central a lifelong
passion for environmentalism.
02:44:09.740 --> 02:44:14.280
Aaron joined the Wego Division
from Inspire Energy Holdings
02:44:14.280 --> 02:44:16.689
where he managed regulatory strategy
02:44:16.689 --> 02:44:19.630
and previously worked
for the Clean Air Council
02:44:19.630 --> 02:44:21.743
in Philadelphia Pennsylvania.
02:44:22.780 --> 02:44:25.690
He received his bachelor
of arts in philosophy
02:44:25.690 --> 02:44:30.570
from Reed College and his
JD from NYU Law School.
02:44:30.570 --> 02:44:34.120
He and his wife, Kara,
currently live in Hawaii
02:44:34.120 --> 02:44:38.330
with Masha and Tolstoy,
two cats to demand attention
02:44:38.330 --> 02:44:40.120
on their own terms.
02:44:40.120 --> 02:44:42.863
Aaron surfs and climbs
whenever possible.
02:44:45.600 --> 02:44:46.713
Matthew Jurkovich.
02:44:48.400 --> 02:44:50.750
Matt Jurkovich joined the CPUC
02:44:50.750 --> 02:44:53.590
after working in the
telecommunications industry
02:44:53.590 --> 02:44:55.313
for nearly 15 years.
02:44:56.290 --> 02:44:58.810
Most recently, he worked
as in-house counsel
02:44:58.810 --> 02:45:02.770
for a telecommunication
services company called Qualtec.
02:45:04.285 --> 02:45:06.350
And before that, for Extenet System
02:45:07.338 --> 02:45:09.610
supporting the deployment of fiber
02:45:09.610 --> 02:45:11.500
and small cell wireless facilities
02:45:11.500 --> 02:45:12.923
throughout the Western US.
02:45:14.284 --> 02:45:17.899
As as a board member of the
California Wireless Association
02:45:17.899 --> 02:45:20.430
Matt rarely address municipal state
02:45:20.430 --> 02:45:23.680
and federal
telecommunications regulations.
02:45:23.680 --> 02:45:28.295
He's a proud California
native raised in Benicia,
02:45:28.295 --> 02:45:30.260
35 children.
02:45:30.260 --> 02:45:34.390
He received his bachelor of
arts in psychology from UCLA
02:45:34.390 --> 02:45:36.193
and his JV from Hastings.
02:45:37.310 --> 02:45:39.180
Matt enjoys running, swimming,
02:45:39.180 --> 02:45:41.200
rooting for Bay Area sports teams
02:45:41.200 --> 02:45:43.950
and spending time with
his wife and daughter
02:45:43.950 --> 02:45:45.500
with whom he lives in Berkeley.
02:45:46.600 --> 02:45:49.140
He has also only recently
discovered the bakeries
02:45:49.140 --> 02:45:51.410
around civic center and is responsible
02:45:51.410 --> 02:45:54.313
for putting some of
us into dessert Komen.
02:45:58.550 --> 02:46:02.080
Angela Worth joined the CPC
02:46:02.080 --> 02:46:03.790
after working as an attorney
02:46:03.790 --> 02:46:06.890
for other federal and state agencies.
02:46:06.890 --> 02:46:10.260
Angela most recently worked at CalTrans
02:46:10.260 --> 02:46:13.470
where she defended
the state in environmental
02:46:13.470 --> 02:46:16.533
and real property matters in
the state and federal courts.
02:46:17.630 --> 02:46:19.670
She also reviewed
environmental documents
02:46:19.670 --> 02:46:22.340
for transportation
projects and advisor clients
02:46:22.340 --> 02:46:25.483
on landlord-tenant matters
and other legal issues.
02:46:26.330 --> 02:46:28.550
Before that, she worked at the CEC
02:46:28.550 --> 02:46:32.590
where she drafted
regulations and advise staff
02:46:32.590 --> 02:46:36.043
on the implementation
energy efficiency programs.
02:46:36.043 --> 02:46:40.640
Prior to that, she worked
as a special advisor attorney
02:46:40.640 --> 02:46:44.650
and presidential
management fellow at HUD.
02:46:44.650 --> 02:46:46.970
Angela received her BA in psychology
02:46:46.970 --> 02:46:49.950
with minors in business
and political science
02:46:49.950 --> 02:46:53.310
from Indiana University in 2009.
02:46:53.310 --> 02:46:57.483
Entered JV from Florida
State University in 2013.
02:46:58.670 --> 02:46:59.821
In her free time,
02:46:59.821 --> 02:47:04.821
she likes to hike with her
dog, Kiko and volunteer.
02:47:07.124 --> 02:47:10.690
Last but not least, Carolyn Chen,
02:47:10.690 --> 02:47:14.300
who comes to us from the
social security administration
02:47:14.300 --> 02:47:16.390
office of the general council
02:47:16.390 --> 02:47:18.010
with 10 years of experience
02:47:18.010 --> 02:47:21.620
in social security
administrative law and litigation
02:47:21.620 --> 02:47:23.180
before federal district courts
02:47:23.180 --> 02:47:25.153
of the ninth circuit court of appeals.
02:47:26.379 --> 02:47:30.600
He also brings with her
administrative hearing experience
02:47:30.600 --> 02:47:35.013
before the EOC and state
unemployment insurance boards.
02:47:35.880 --> 02:47:39.817
He's also had experience
with bankruptcy litigation,
02:47:39.817 --> 02:47:44.430
evaluation of beneficiary
trust for compliance,
02:47:44.430 --> 02:47:46.459
civil rights complaints
02:47:46.459 --> 02:47:48.800
and privacy act
requests for information.
02:47:48.800 --> 02:47:52.640
He's a graduate of Northeastern
University School of Law
02:47:52.640 --> 02:47:56.250
and holds a BS from
MIT in art and design
02:47:56.250 --> 02:47:58.763
with an architectural design discipline.
02:47:59.781 --> 02:48:03.820
Before law school, she worked
as a site planner and designer
02:48:03.820 --> 02:48:05.050
where she first discovered
02:48:05.050 --> 02:48:07.970
her proclivity to administrative codes
02:48:07.970 --> 02:48:10.590
specifically for planning and zoning
02:48:10.590 --> 02:48:13.773
and advocating for Commission
approval of her site project.
02:48:14.820 --> 02:48:19.110
He was born in the Midwest,
but also says she's from LA.
02:48:19.110 --> 02:48:22.683
And she mostly grew up there
before heading East for school.
02:48:23.520 --> 02:48:26.530
She now resides in her
Oakland Emeryville condo
02:48:26.530 --> 02:48:29.270
where she frequently
finds something amiss,
02:48:29.270 --> 02:48:32.182
giving her an excuse
to go to Home Depot.
02:48:32.182 --> 02:48:37.182
In her free time, she
composes and performs music
02:48:37.340 --> 02:48:40.180
and this is playing
live shows right now.
02:48:40.180 --> 02:48:41.370
She loves theater.
02:48:41.370 --> 02:48:44.260
She's actually written
and had a play produced
02:48:44.260 --> 02:48:46.580
and independent film.
02:48:46.580 --> 02:48:49.893
She was selected to script
read at Sundance before.
02:48:50.850 --> 02:48:52.930
Her activities now are conceptualizing
02:48:52.930 --> 02:48:54.470
a revamp of her bathroom,
02:48:54.470 --> 02:48:56.520
looking for a dog to adopt,
02:48:56.520 --> 02:48:58.840
exploring Emeryville history,
02:48:58.840 --> 02:49:01.290
watching PBS and talking to her parents
02:49:01.290 --> 02:49:06.290
and two sisters and families,
six nephews and nieces
02:49:06.450 --> 02:49:09.343
spread across the West
coast from Portland to LA.
02:49:10.970 --> 02:49:13.560
And I thank you very
much for your patience
02:49:13.560 --> 02:49:14.530
in getting through all that.
02:49:14.530 --> 02:49:17.650
I know that was a very long presentation
02:49:17.650 --> 02:49:20.842
but I also did want to really highlight
02:49:20.842 --> 02:49:25.842
the success that legal
division has had in hiring people
02:49:28.337 --> 02:49:32.383
of just great experience
and quality and promoting.
02:49:33.700 --> 02:49:34.840
We still have more to do.
02:49:34.840 --> 02:49:36.850
We still have quite a few vacancies
02:49:36.850 --> 02:49:41.850
but we are just actively interviewing.
02:49:42.070 --> 02:49:44.623
In fact, we're having
interviews this afternoon.
02:49:45.620 --> 02:49:48.196
I think the Commissioners
don't always realize
02:49:48.196 --> 02:49:52.640
how much work it takes
for management teams
02:49:52.640 --> 02:49:54.680
to engage in the hiring process.
02:49:54.680 --> 02:49:59.240
It's not insignificant and
with the challenges of COVID,
02:49:59.240 --> 02:50:02.882
it's been even more stressful,
02:50:02.882 --> 02:50:07.410
but I did want to highlight
the progress legal has made
02:50:07.410 --> 02:50:10.363
in this area.
02:50:11.223 --> 02:50:12.703
So thank you very
much for your patience.
02:50:13.640 --> 02:50:15.990
Eric, it's our
pleasure to be patient.
02:50:15.990 --> 02:50:20.990
That was an incredible
lineup of wonderful recruits,
02:50:23.290 --> 02:50:26.084
wonderful attorneys that
you and the legal division
02:50:26.084 --> 02:50:28.780
have recruited and hired.
02:50:28.780 --> 02:50:32.330
Very, very impressive
academic backgrounds,
02:50:32.330 --> 02:50:37.330
very impressive personal
interests, very diverse.
02:50:37.920 --> 02:50:41.970
So we are the fortunate
ones that they applied
02:50:41.970 --> 02:50:46.270
and we are on the receiving end
02:50:46.270 --> 02:50:47.930
of their public service interests.
02:50:47.930 --> 02:50:51.230
So that is just terrific.
02:50:51.230 --> 02:50:56.230
And also thank you for the
update on the legal division.
02:50:56.790 --> 02:51:00.430
You are such a
hardworking group of people
02:51:00.430 --> 02:51:03.460
and the Commissioners
appreciate every day
02:51:03.460 --> 02:51:06.330
how hard you and your team work.
02:51:06.330 --> 02:51:09.140
And I'm thrilled that you were able
02:51:09.140 --> 02:51:14.140
to finally receive
attorney five positions
02:51:14.860 --> 02:51:18.760
because as you said,
promotion is extremely important
02:51:18.760 --> 02:51:23.760
and we now have a good
legal career ladder at the PUC.
02:51:25.310 --> 02:51:26.660
So thank you for that.
02:51:26.660 --> 02:51:29.290
And as I said, we were
thrilled to sit through
02:51:29.290 --> 02:51:33.170
the wonderful description
of each of your new hires.
02:51:33.170 --> 02:51:34.890
With that I'll ask any comments
02:51:34.890 --> 02:51:36.340
from my fellow Commissioners.
02:51:39.065 --> 02:51:41.886
Okay, they're all saying,
thank you very much.
02:51:41.886 --> 02:51:45.142
Of course, I can't resist.
02:51:45.142 --> 02:51:50.142
I don't do anything without
consulting the legal division.
02:51:51.290 --> 02:51:53.300
They appreciate that,
Commissioner Shiroma.
02:51:53.300 --> 02:51:55.540
They appreciate that very much.
02:51:55.540 --> 02:51:56.537
(laughing)
Thank you.
02:51:56.537 --> 02:51:59.100
They at times have accused me
02:51:59.100 --> 02:52:00.810
of practicing law without a degree,
02:52:00.810 --> 02:52:02.440
which I always apologize for.
02:52:02.440 --> 02:52:07.020
But however, I'd like
to make one last remark
02:52:07.020 --> 02:52:09.580
for Commissioner Rechtschaffen benefit.
02:52:09.580 --> 02:52:12.550
We've hired a lot of previous students
02:52:15.774 --> 02:52:18.050
of Professor Rechtschaffen.
02:52:18.050 --> 02:52:20.550
We didn't have any of
those in this particular batch
02:52:20.550 --> 02:52:23.020
but I'm sure there's more out there.
02:52:23.020 --> 02:52:24.493
So send them our way.
02:52:25.330 --> 02:52:26.177
I will.
02:52:26.177 --> 02:52:31.177
And I was noticing that but I
always speak extremely highly
02:52:31.540 --> 02:52:34.170
of the legal division and
recommend former students,
02:52:34.170 --> 02:52:38.592
even ones I've had or
otherwise to come work here
02:52:38.592 --> 02:52:40.210
because it's an excellent
career path for people.
02:52:40.210 --> 02:52:44.010
And I think many lawyers you
have come from Golden Gate
02:52:44.010 --> 02:52:47.420
or other schools really have
found that to be the case.
02:52:47.420 --> 02:52:48.770
But even though you didn't,
02:52:50.160 --> 02:52:52.600
I noticed that there's
some that are very strong
02:52:52.600 --> 02:52:54.210
barrier sports adherence.
02:52:54.210 --> 02:52:58.510
So that's like my second
most important criteria.
02:52:58.510 --> 02:53:01.593
So I'm glad you hired
some with that profile.
02:53:04.620 --> 02:53:06.420
Hopefully, some of
them are Dodger fans
02:53:06.420 --> 02:53:09.419
and are watching the series right now.
02:53:09.419 --> 02:53:11.290
(laughing)
02:53:11.290 --> 02:53:12.123
Oh, oh.
02:53:13.039 --> 02:53:14.160
Did I get into it?
02:53:14.160 --> 02:53:15.530
All right, any other thoughts
02:53:15.530 --> 02:53:17.280
or comments from the Commissioners?
02:53:18.350 --> 02:53:19.890
All right, thank you again Eric Lee.
02:53:19.890 --> 02:53:22.210
Very, very impressive
and we all look forward
02:53:22.210 --> 02:53:24.660
to our continued work
with the legal division.
02:53:24.660 --> 02:53:25.640
Thank you so much.
02:53:25.640 --> 02:53:29.883
Congratulations to you and
all of the wonderful new hires.
02:53:30.980 --> 02:53:31.813
Thank you.
02:53:32.930 --> 02:53:36.910
Okay, with that, we will move
from the management reports
02:53:36.910 --> 02:53:39.280
to Commissioner's report.
02:53:39.280 --> 02:53:41.873
Does anyone wish to go first today?
02:53:45.560 --> 02:53:48.890
Yes, Commissioner Rechtschaffen.
02:53:48.890 --> 02:53:52.710
I wanted to thank my
advisor, Alex Grenada
02:53:52.710 --> 02:53:56.490
who is returning to the
Safety Enforcement Division.
02:53:56.490 --> 02:53:58.997
After six months into my office,
02:53:58.997 --> 02:54:02.970
Alex was extremely helpful
on a number of safety,
02:54:02.970 --> 02:54:05.210
risk assessment and water proceedings.
02:54:05.210 --> 02:54:08.120
She brought a lot of
his expertise from SED.
02:54:08.120 --> 02:54:11.650
We will miss Alex and
we wish him the best.
02:54:11.650 --> 02:54:12.483
Thanks.
02:54:13.938 --> 02:54:15.474
Thank you.
02:54:15.474 --> 02:54:18.095
Yes, Commissioner Shiroma.
02:54:18.095 --> 02:54:19.095
Thank you.
02:54:20.318 --> 02:54:22.520
I have a handful of things to report on.
02:54:22.520 --> 02:54:27.520
First of all, on our PGNE
general rate case phase two
02:54:28.110 --> 02:54:31.130
we've got pumped
participation hearings coming up.
02:54:31.130 --> 02:54:33.090
On November 6th, we will host
02:54:33.090 --> 02:54:35.417
virtual public participation hearings.
02:54:35.417 --> 02:54:40.417
At 2:00 PM and 6:00 PM, the
information is on our website.
02:54:41.730 --> 02:54:46.110
And for those who aren't
familiar with our rate cases
02:54:46.110 --> 02:54:49.570
the phase two proceedings
is not approve you cost
02:54:49.570 --> 02:54:53.262
that is done in the phase
one of the rate case.
02:54:53.262 --> 02:54:57.600
But in the general rate case two,
02:54:57.600 --> 02:55:02.120
that's where we figure out
how those monies are allocated
02:55:02.120 --> 02:55:06.330
between residential, agricultural,
other customer classes.
02:55:06.330 --> 02:55:10.440
We may approve new rate
designs and modify existing ones.
02:55:10.440 --> 02:55:14.350
So that's on November
6th at 2:00 PM and 6:00 PM.
02:55:14.350 --> 02:55:16.276
And then on Monday, I
was pleased to participate
02:55:16.276 --> 02:55:21.276
in the Energy Commissions
epic conference
02:55:21.300 --> 02:55:25.120
on moderated a plenary
panel on the opening day
02:55:25.120 --> 02:55:29.590
where I spoke with the
leads of four epic projects
02:55:29.590 --> 02:55:31.780
about the important work they're doing
02:55:31.780 --> 02:55:35.030
to bring the benefits of
clean energy technologies,
02:55:35.030 --> 02:55:38.310
energy efficiency to
underserved customers
02:55:38.310 --> 02:55:39.520
in their communities.
02:55:39.520 --> 02:55:42.830
And these projects
are located in Lancaster,
02:55:42.830 --> 02:55:46.559
avocado in San Gabriel
Valley Richmond and Oakland,
02:55:46.559 --> 02:55:51.290
and they are taking diverse
and innovative approaches
02:55:51.290 --> 02:55:53.135
to transforming those communities
02:55:53.135 --> 02:55:56.210
to some of the most
technologically advanced
02:55:56.210 --> 02:55:59.860
clean energy communities in the world.
02:55:59.860 --> 02:56:03.120
They are a model to
be replicated elsewhere.
02:56:03.120 --> 02:56:07.790
Very happy to play a part in
that in the Epic conference.
02:56:07.790 --> 02:56:12.790
And then finally,
speaking of being involved
02:56:13.310 --> 02:56:18.310
in job announcements and
going through applications
02:56:19.810 --> 02:56:21.870
and interviews and so forth.
02:56:21.870 --> 02:56:23.860
I'm very pleased to announce
02:56:23.860 --> 02:56:27.080
that my new career
executive assignment or CA
02:56:27.080 --> 02:56:29.483
advisor in my office is Terrence Sheer.
02:56:30.420 --> 02:56:35.420
I had a lot of applications,
very qualified folks.
02:56:35.660 --> 02:56:37.720
I think everyone who was interested
02:56:37.720 --> 02:56:41.300
in that particular position,
Terrence has been serving
02:56:41.300 --> 02:56:44.420
as you all know, as a
rotational advisor in my office
02:56:44.420 --> 02:56:49.420
since July of 2019, advising
me on water, telecommunications
02:56:49.430 --> 02:56:53.510
and transportation matters,
even providing some expertise
02:56:53.510 --> 02:56:55.890
on the energy cost of capital.
02:56:55.890 --> 02:56:57.359
His work has been essential
02:56:57.359 --> 02:57:02.090
to the Commission's COVID-19 response
02:57:02.090 --> 02:57:03.413
and our inter agency work
02:57:03.413 --> 02:57:05.830
with the state Water
Resources Control Board
02:57:05.830 --> 02:57:09.240
and also the California
State Transportation Agency.
02:57:09.240 --> 02:57:10.640
Prior to joining the Commission,
02:57:10.640 --> 02:57:13.090
Terrence worked on the engineering team
02:57:13.090 --> 02:57:16.540
at the San Francisco
Public Utilities Commission
02:57:16.540 --> 02:57:19.070
in their water and waste water division.
02:57:19.070 --> 02:57:23.470
And he joined us in
2008 in the water division,
02:57:23.470 --> 02:57:25.550
first as a utilities engineer.
02:57:25.550 --> 02:57:30.550
Then he served as a
senior utility engineer
02:57:31.560 --> 02:57:32.607
in the telecommunications
02:57:32.607 --> 02:57:36.180
and water branch as a
public advocate's office.
02:57:36.180 --> 02:57:39.700
And then more recently
served as a supervisor
02:57:39.700 --> 02:57:41.810
in the water division for five years
02:57:41.810 --> 02:57:43.950
prior to joining my team.
02:57:43.950 --> 02:57:47.130
And now in his new role at my CA.
02:57:47.130 --> 02:57:49.810
He's a professional
engineer earning his degree
02:57:49.810 --> 02:57:52.600
in mechanical engineering
from my Alma mater,
02:57:52.600 --> 02:57:56.030
University of California at
Davis and last but not least,
02:57:56.030 --> 02:57:58.630
and more importantly, during
the stay-at-home environment
02:57:58.630 --> 02:58:03.630
Terrence has brought extra
fun to our team WebEx meetings
02:58:04.000 --> 02:58:08.030
with his nine month old son, Daquiri.
02:58:08.030 --> 02:58:10.080
So congratulations to Terrence.
02:58:10.080 --> 02:58:10.913
Thank you.
02:58:16.016 --> 02:58:19.350
Okay, Comissioner
Guzman Aceves.
02:58:19.350 --> 02:58:20.858
Thank you.
02:58:20.858 --> 02:58:22.550
I just want to do an additional plug
02:58:22.550 --> 02:58:27.190
for two of the COVID focus
workshops that we will be having.
02:58:27.190 --> 02:58:30.400
As at the end of the
month on October 30th,
02:58:30.400 --> 02:58:32.120
we will be having a joint workshop
02:58:32.120 --> 02:58:34.778
with the state water
resources control board.
02:58:34.778 --> 02:58:38.290
We will be focusing on two topics.
02:58:38.290 --> 02:58:40.537
One is addressing, continuing to address
02:58:40.537 --> 02:58:43.610
some of the customer arrears
02:58:43.610 --> 02:58:48.610
and preparing for the moratorium
coming to an end next year
02:58:49.670 --> 02:58:53.650
and also the financial
impacts of small water systems
02:58:53.650 --> 02:58:56.620
and how we can work collaboratively
02:58:56.620 --> 02:58:59.200
to help them stay afloat.
02:58:59.200 --> 02:59:01.380
We will be joined by Senator Dodd
02:59:01.380 --> 02:59:02.670
and assembly member (indistinct)
02:59:02.670 --> 02:59:06.451
for that workshop in the
morning at that minimum.
02:59:06.451 --> 02:59:09.310
So hopefully, you can
join a part of that day.
02:59:09.310 --> 02:59:11.410
And then also on November 12th,
02:59:11.410 --> 02:59:15.070
we will be having a energy
focus Kohler workshop
02:59:15.070 --> 02:59:17.160
that will only be for half a day,
02:59:17.160 --> 02:59:20.870
but it will be looking
similarly at customer impacts
02:59:20.870 --> 02:59:22.620
and continuing to ask the question
02:59:22.620 --> 02:59:26.610
of what else we should
be continuing to look at
02:59:26.610 --> 02:59:31.610
as we see some of
those arrears increasing.
02:59:31.710 --> 02:59:32.543
Thank you.
02:59:35.840 --> 02:59:36.673
Thank you.
02:59:37.960 --> 02:59:39.010
Comissioner Randolph.
02:59:40.490 --> 02:59:42.210
Thank you, President Batjer.
02:59:42.210 --> 02:59:44.680
I just wanted to note that this week
02:59:44.680 --> 02:59:47.590
is the fifth anniversary of the leak
02:59:47.590 --> 02:59:50.050
at the Elisa Canyon storage facility.
02:59:50.050 --> 02:59:51.860
So I wanted to take this opportunity
02:59:51.860 --> 02:59:55.110
to provide an update on that proceeding.
02:59:55.110 --> 02:59:56.640
As I mentioned that our last meeting,
02:59:56.640 --> 03:00:00.650
we had a workshop on October 15th,
03:00:01.500 --> 03:00:06.500
and that workshop was to
present the final modeling results.
03:00:06.580 --> 03:00:10.192
So the modeling has now been completed
03:00:10.192 --> 03:00:14.980
which is a huge accomplishment
by our modeling staff
03:00:14.980 --> 03:00:19.980
headed by Donald Brooks and
our gas team in energy division,
03:00:21.940 --> 03:00:23.958
headed by Jean Spencer.
03:00:23.958 --> 03:00:26.800
The legislature required us to,
03:00:26.800 --> 03:00:30.117
and it's a very important
step that we need to take
03:00:30.117 --> 03:00:33.080
to understand fully what the economic
03:00:33.080 --> 03:00:37.340
and reliability impacts of
closing the facility would be.
03:00:37.340 --> 03:00:39.696
And so that modeling
really helps us understand
03:00:39.696 --> 03:00:43.791
the situations under
which the facility is needed
03:00:43.791 --> 03:00:48.270
and situations under
which the system can rely
03:00:48.270 --> 03:00:52.720
on other storage fields
or pipeline capacity.
03:00:52.720 --> 03:00:56.110
So I'm very pleased that
that modeling is finished
03:00:57.220 --> 03:01:01.920
and the next step will be
to provide that modeling
03:01:01.920 --> 03:01:04.950
to our consultants FTI.
03:01:04.950 --> 03:01:08.310
They are the consultants on
phase three of the proceeding
03:01:08.310 --> 03:01:12.080
which will look at
potential alternatives
03:01:12.080 --> 03:01:16.500
to the Aliso facility and
will provide us with analysis
03:01:16.500 --> 03:01:21.340
of what steps could be taken to reduce
03:01:21.340 --> 03:01:25.230
or eliminate the use
of the Aliso facility.
03:01:25.230 --> 03:01:27.860
So that work is continuing.
03:01:27.860 --> 03:01:31.337
And again, I wanna thank all the staff
03:01:31.337 --> 03:01:35.430
who worked on this
incredibly comprehensive
03:01:35.430 --> 03:01:38.350
and detailed modeling analysis.
03:01:38.350 --> 03:01:39.183
Thank you.
03:01:40.380 --> 03:01:42.007
Thank you,
Commissioner Randolph
03:01:42.007 --> 03:01:45.283
and thank you for holding
that very important workshop.
03:01:46.575 --> 03:01:50.250
As I think everyone knows,
03:01:50.250 --> 03:01:51.860
I certainly hope everyone knows
03:01:51.860 --> 03:01:53.500
that we're about two weeks away
03:01:53.500 --> 03:01:58.270
from the election on November
3rd and it's an important one.
03:01:58.270 --> 03:01:59.300
They're all important
03:01:59.300 --> 03:02:03.600
but this one feels like
a lifetime important one.
03:02:03.600 --> 03:02:08.100
And as everyone knows,
voting is a fundamental right.
03:02:08.100 --> 03:02:12.400
It is the glue that keeps
our democracy together.
03:02:12.400 --> 03:02:17.400
So I encourage everyone
who is eligible to vote to do so.
03:02:18.150 --> 03:02:20.080
And I also want to remind that even
03:02:21.178 --> 03:02:22.674
though the deadline to
register to vote has passed,
03:02:22.674 --> 03:02:26.410
California state law
allows eligible citizens
03:02:26.410 --> 03:02:29.190
who need to register
or re-register to vote
03:02:29.190 --> 03:02:31.040
after the deadline to do so
03:02:31.040 --> 03:02:34.100
at their County election
office polling place
03:02:34.100 --> 03:02:35.750
or vote center.
03:02:35.750 --> 03:02:39.450
Their ballots will be
processed and counted
03:02:39.450 --> 03:02:41.510
once the County election
office has completed
03:02:41.510 --> 03:02:44.930
voter registration verification process.
03:02:44.930 --> 03:02:47.733
For more information
on same day registration,
03:02:49.790 --> 03:02:53.650
polling places, and ballot
measures for general elections,
03:02:53.650 --> 03:02:57.030
please visit the secretary
of state's website
03:02:57.030 --> 03:03:01.743
at sos.ca.gov please vote.
03:03:03.070 --> 03:03:05.930
I would like to note that I
represented the Commission
03:03:05.930 --> 03:03:08.330
at last Monday's assembly utilities
03:03:08.330 --> 03:03:10.278
and farmers committee oversight hearing
03:03:10.278 --> 03:03:14.300
regarding the August, 2020 heat wave
03:03:14.300 --> 03:03:17.180
and associated power outages.
03:03:17.180 --> 03:03:19.220
The new Cal ISO CEO
03:03:19.220 --> 03:03:24.130
Elliot Mainzer and the
outgoing CEO, Steve Burbridge
03:03:25.430 --> 03:03:26.970
also were at the hearing
03:03:26.970 --> 03:03:31.090
along with the California
energy Commission chair,
03:03:31.090 --> 03:03:35.240
David Hashield presented the
findings and recommendations
03:03:35.240 --> 03:03:39.115
from the recently published preliminary
03:03:39.115 --> 03:03:44.115
root cause analysis, which
we presented to the Governor
03:03:44.350 --> 03:03:45.800
two weeks before the hearing.
03:03:46.821 --> 03:03:51.821
And I do want to thank the tireless work
03:03:54.240 --> 03:03:56.553
of our energy division staff.
03:03:57.560 --> 03:04:01.176
Truly, they missed holidays, weekends,
03:04:01.176 --> 03:04:04.330
and a lot of sleep between August
03:04:04.330 --> 03:04:07.376
and when we finally gave
the report to the Governor
03:04:07.376 --> 03:04:09.703
and also prepared for this hearing.
03:04:10.770 --> 03:04:13.290
There's a collective of
understanding, I believe
03:04:13.290 --> 03:04:18.290
among the legislature's sister
agencies and us at the CPUC,
03:04:18.320 --> 03:04:21.170
that critical work is before
us in the months ahead
03:04:21.170 --> 03:04:24.610
to ensure such outages
do not occur again.
03:04:24.610 --> 03:04:27.480
We are already at work
and we will continue to report
03:04:27.480 --> 03:04:30.800
to the legislature and the
public in the coming months,
03:04:30.800 --> 03:04:32.690
as we make progress on this effort.
03:04:32.690 --> 03:04:36.630
I wanna think in particular,
my begley keen partner,
03:04:36.630 --> 03:04:40.690
Lena Randolph in all of
her support and hard work
03:04:40.690 --> 03:04:45.690
and wonderful patience with
me during this period of time
03:04:47.470 --> 03:04:51.103
of this crisis that we confronted.
03:04:52.130 --> 03:04:55.520
And lastly, I would like
to take this opportunity
03:04:55.520 --> 03:04:57.513
to thank Rahima Molly.
03:04:59.160 --> 03:05:00.570
This is hard.
03:05:00.570 --> 03:05:03.930
Who is leaving the Commission
at the end of the week.
03:05:03.930 --> 03:05:06.453
Molly joined the Commission in 2017.
03:05:07.430 --> 03:05:11.170
She has served in the
office of the president
03:05:11.170 --> 03:05:13.440
and the office of the Commission.
03:05:13.440 --> 03:05:16.000
Molly's mandates and
contributions of the Commission
03:05:16.000 --> 03:05:18.638
has been ensuring the
successful management
03:05:18.638 --> 03:05:22.470
and execution of key
administrative projects
03:05:22.470 --> 03:05:24.688
and processes that have
required collaboration
03:05:24.688 --> 03:05:29.688
with all of the Commissioners
in our divisions offices.
03:05:30.870 --> 03:05:33.730
For example, as many of you know,
03:05:33.730 --> 03:05:36.526
Molly managed the process
to update the Commission's
03:05:36.526 --> 03:05:38.163
strategic directors.
03:05:39.140 --> 03:05:41.490
She has been instrumental in creating
03:05:41.490 --> 03:05:43.840
and jump-starting the
office of the Commission.
03:05:45.150 --> 03:05:47.341
And she has been behind
the scenes conductor
03:05:47.341 --> 03:05:50.170
orchestrating the various meetings
03:05:50.170 --> 03:05:52.570
which facilitate the
Commissioners administrative
03:05:52.570 --> 03:05:56.923
and deliberative processes,
including our voting meetings.
03:05:58.830 --> 03:06:03.830
She absolutely kept me
going, taught me a day to day,
03:06:05.050 --> 03:06:10.050
helped me through a
pretty tough initiation
03:06:10.180 --> 03:06:13.710
to the president's office
of the Commission.
03:06:13.710 --> 03:06:18.710
I literally could not have
probably shown back up to work
03:06:19.280 --> 03:06:22.573
by the second week if
it hadn't been for Molly.
03:06:23.900 --> 03:06:27.640
And it's not that what
Molly has accomplished
03:06:27.640 --> 03:06:30.320
that makes her extraordinary.
03:06:30.320 --> 03:06:31.370
It's how she does it.
03:06:33.210 --> 03:06:35.150
She instantly earned one's respect
03:06:35.150 --> 03:06:38.620
because she is ready
to give it all to everyone
03:06:38.620 --> 03:06:40.290
with whom she works.
03:06:40.290 --> 03:06:43.343
She offers kindness and patience,
03:06:44.230 --> 03:06:46.453
a helping hand to get the job done.
03:06:47.940 --> 03:06:52.230
She brings a fearlessness
and focus to her work,
03:06:52.230 --> 03:06:56.980
but does so in a joyful
and optimistic manner.
03:06:56.980 --> 03:07:00.570
Despite how bad things
may appear at times,
03:07:00.570 --> 03:07:05.570
Molly is always quick to
assure me with her go-to line.
03:07:05.820 --> 03:07:08.700
It's gonna be fine, Marybele.
03:07:08.700 --> 03:07:10.423
It's gonna be fine.
03:07:12.530 --> 03:07:14.720
So I know it's gonna be fine.
03:07:14.720 --> 03:07:17.693
I am still gonna miss
working with her every day.
03:07:19.250 --> 03:07:22.530
I'm going to continue to
miss our conversations
03:07:22.530 --> 03:07:26.690
as I do now and our late night drive
03:07:26.690 --> 03:07:28.380
to and from San Francisco
03:07:29.660 --> 03:07:33.500
and our late night
musings here in the office
03:07:33.500 --> 03:07:35.713
and our many texts throughout the day.
03:07:37.110 --> 03:07:40.010
The wonderful thing about
you leaving the Commission,
03:07:40.010 --> 03:07:44.573
my dear is that I do not
have to say goodbye.
03:07:46.170 --> 03:07:51.170
Friends fortunately plan,
and get to look forward
03:07:52.250 --> 03:07:54.290
to the next conversation.
03:07:54.290 --> 03:07:58.900
So back to the park, we
will go many, many times.
03:07:58.900 --> 03:08:00.990
Thank you Rahima Molly.
03:08:00.990 --> 03:08:02.680
Thank you Molly.
03:08:02.680 --> 03:08:05.883
I wish you only the very, very best.
03:08:07.490 --> 03:08:08.463
Thank you.
03:08:11.665 --> 03:08:12.812
President Batjer.
03:08:12.812 --> 03:08:14.350
Rohima has something to say.
03:08:14.350 --> 03:08:19.350
So with that, that ends
our public meeting for today
03:08:20.610 --> 03:08:22.420
and we will now adjourn.
03:08:22.420 --> 03:08:24.240
And for my fellow Commissioners,
03:08:24.240 --> 03:08:29.140
we will be taking an
hour and 15 minute break.
03:08:29.140 --> 03:08:31.570
So we'll be back at 2:15.
03:08:31.570 --> 03:08:32.623
Thank you all.
03:08:38.551 --> 03:08:40.968
(indistinct)
03:08:43.932 --> 03:08:45.710
I got through it.
03:08:45.710 --> 03:08:48.310
You are on
hold for a conference call.