ADVICE LETTER (AL) SUSPENSION NOTICE ENERGY DIVISION * Note: reference – Decision D.02-02-049, dated February 21, 2002, and Rule 7.5 in appendix A of D.O7-01-024 Utility Name: Southern California Edison Utility Number/Type: U 338-E Advice Letter Number(s): 4407-E Date AL(s) Filed: February 1, 2021 Utility Contact Person: Darrah Morgan Utility Phone No.: (626) 302-2086 Date Utility Notified: March 4, 2021 [X ] E-Mailed to: [email protected]ED Staff Contact: Josh Litwin ED Staff Email: [email protected]ED Staff Phone No.: (415) 703-1223 [X] INITIAL SUSPENSION (up to 120 DAYS from the expiration of the initial review period) This is to notify that the above-indicated AL is suspended for up to 120 days beginning 3/3/2021 for the following reason(s) below. If the AL requires a Commission resolution and the Commission’s deliberation on the resolution prepared by Energy Division extends beyond the expiration of the initial suspension period, the advice letter will be automatically suspended for up to 180 days beyond the initial suspension period. [ ] A Commission Resolution is Required to Dispose of the Advice Letter [ ] Advice Letter Requests a Commission Order [X] Advice Letter Requires Staff Review The expected duration of initial suspension period is 120 days [ ] FURTHER SUSPENSION (up to 180 DAYS beyond initial suspension period) The AL requires a Commission resolution and the Commission’s deliberation on the resolution prepared by Energy Division has extended beyond the expiration of the initial suspension period. The advice letter is suspended for up to 180 days beyond the initial suspension period. _____________________________________________ If you have any questions regarding this matter, please contact Josh Litwin at [email protected]cc: [email protected][email protected]
Transcript
ADVICE LETTER (AL) SUSPENSION NOTICE ENERGY DIVISION
* Note: reference – Decision D.02-02-049, dated February 21, 2002, and Rule 7.5 in appendix A of D.O7-01-024
[X] INITIAL SUSPENSION (up to 120 DAYS from the expiration of the initial review period)
This is to notify that the above-indicated AL is suspended for up to 120 days beginning 3/3/2021 for the following reason(s) below. If the AL requires a Commission resolution and the Commission’s deliberation on the resolution prepared by Energy Division extends beyond the expiration of the initial suspension period, the advice letter will be automatically suspended for up to 180 days beyond the initial suspension period. [ ] A Commission Resolution is Required to Dispose of the Advice Letter [ ] Advice Letter Requests a Commission Order [X] Advice Letter Requires Staff Review The expected duration of initial suspension period is 120 days
[ ] FURTHER SUSPENSION (up to 180 DAYS beyond initial suspension period) The AL requires a Commission resolution and the Commission’s deliberation on the resolution prepared by Energy Division has extended beyond the expiration of the initial suspension period. The advice letter is suspended for up to 180 days beyond the initial suspension period.
P.O. Box 800 8631 Rush Street Rosemead, California 91770 (626) 302-9645 Fax (626) 302-6396
Gary A. Stern, Ph.D. Managing Director, State Regulatory Operations
February 1, 2021
ADVICE 4407-E (U 338-E)
PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ENERGY DIVISION
SUBJECT: Southern California Edison Company’s Disadvantaged Communities Green Tariff and Community Solar Green Tariff’s 2022 Budget and Marketing, Education, and Outreach Plan
PURPOSE
In compliance with California Public Utilities Commission (CPUC or Commission) Resolution E-4999 (Resolution), Southern California Edison Company (SCE) hereby submits for approval its 2022 budget estimates and marketing, education, and outreach (ME&O) plan for SCE’s Disadvantaged Communities Green Tariff (DAC-GT) and Community Solar Green Tariff (CSGT) programs.
BACKGROUND
Assembly Bill (AB) 327 (Perea), Stats. 2013, ch. 611 directed the Commission to develop a successor to the then-existing Net Energy Metering (NEM) tariff that included “specific alternatives designed for growth [of renewable generation] among residential customers in disadvantaged communities.” The NEM DAC decision defined DACs, for the DAC-GT and CSGT programs, as census tracts that are among the top 25 percent most impacted census tracts statewide, using CalEnviroScreen 3.0 scoring as well as 22 additional census tracts that do not have an overall ranking, but that score among the highest five percent of CalEnviroScreen’s Pollution Burden category.1
On June 22, 2018, the Commission approved Decision (D.)18-06-027, Alternate Decision Adopting Alternatives to Promote Solar Distributed Generation in Disadvantaged Communities, which implemented three new programs to promote solar energy in DACs: the DAC–Single-family Affordable Solar Homes (DAC-SASH) program, the DAC-GT program, and the CSGT program.
1 See D.18-06-027 at Conclusion of Law (COL) 3.
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On June 3, 2019, the Commission issued Resolution E-4999 approving, with modifications, tariffs to implement the DAC-GT and CSGT Programs. OP 2 of the Resolution requires SCE to submit an annual program budget estimate and an annual ME&O plan via Tier 1 advice letter (AL) by February 1 of every year for the next program year. As such, SCE submits this AL and Appendix A in compliance with OP 2 of Resolution E-4999 for Commission approval.
DISCUSSION
2020 Actual Program Spend and 2021 Approved Budget
Overall, SCE’s total 2020 program expenditures for both the DAC-GT and CSGT programs were below the approved budget. Accounting for most of the difference are unspent dollars allocated for independent evaluation work that has not started and minimal procurement solicitation expenditures resulting from lower than anticipated evaluation hours of developer participant proposals in the 2020 solicitations.
Moreover, as shown in Table II, SCE’s updated DAC-GT ME&O costs reflect an overall decrease in expenditures to $101,946 compared to the 2020 approved budget of $119,500. The slight decrease is related to changes in scope for the online enrollment site, development of flyers and fact sheets and finalization of the naming research.
Additionally, SCE’s CSGT ME&O costs also reflect an overall decrease to $77,649 from the 2020 approved budget of $119,500. Like the DAC-GT program, these costs were due to changes in scope for the online enrollment site, the development of flyers and fact sheets and finalization of the naming research. Note that there is approximately $36,000 in costs that are not reflected in Table II. These costs were inadvertently charged to a non-CSGT account and are currently in the process of being corrected. For audit tracking and consistency with internal financial reports, Table II reflects only actual data recorded in the system for this program regarding the submittal of this AL.
Total $273,000 $118,904 $154,096 $273,000 $94,090 $178,910 $333,006
*Note: Approximately $36K in ME&O costs for the CSGT program is not reflected in the 2020 Actuals at this time. Accounting corrections are being made and will be reflected in future reporting.
As explained in Resolution E-4999, every year, the investor-owned utilities (IOUs) must reconcile prior-year budget estimates and expenditures in their annual budget filing for the next program year. Additionally, any unspent balance from the prior year is indicated as available in the IOU’s February 1 budget submission for the following program year. Based on recorded 2020 actuals, approximately $333,000 of unspent budget dollars will be rolled over and made available in the 2021 budget, as noted in
2 AL 4155-E-B, Amended Table 1, p. 4.
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Table II. For example, the approved Independent Evaluator (IE) budget amount of $88,000 for both the DAC-GT and CSGT programs that were unspent in 2020, respectively, will be moved to the 2021 budget resulting in a total budget of $132,000 ($88,000 + $44,000) for this budget category.
Resolution E-4999 also requires that Program Administration and ME&O costs be no more than 10 percent and 4 percent, respectively, except for 2019-2020, since program administration and ME&O costs would be higher during the initial stages of the program implementation.3 On February 11, 2020, SCE submitted AL 4164-E requesting an adjustment to the proposed budget caps since SCE will not have any projects online until 2022 and cannot provide the bill discount to customers until the projects are online. On August 20, 2020, SCE submitted supplemental AL 4164-E-A, updating its 2021 program budgets consistent with AL 4155-E-B since AL 4164-E and supplemental AL 4164-E-A were submitted with a Tier 3 designation and are pending Commission approval.
2022 Program Budget Estimate
Resolution E-4999 requires that the IOUs’ annual budget include:4
1. Above-market generation costs; 2. 20 percent bill discount for all participating customers; 3. Program Administration costs; 4. ME&O funding; and 5. IE costs.
SCE addresses these requirements in Table III below and the following subsections, with additional ME&O budget details provided in Appendix A.
3 Resolution E-4999, OP 2, p.67. 4 Resolution E-4999, p. 27.
SCE expects to incur above-market generating costs in the first quarter of 2022, when its first CSGT project is estimated to begin delivery. As required in Resolution E-4999, each budget submission must include work papers with a detailed methodology on how SCE estimated any above-market generation costs.6 Appendix B includes the workpaper, which explains the methodology for calculating forecasts for above-market generation costs.
Due to protected market-sensitive/competitive and corporate financial information in the workpaper, SCE requests confidential treatment of this information.
It is also important to note that the proposed methodology used to calculate the estimated Above Market Generation Costs is based solely on the only approved CSGT project. Details are provided in more detail in the workpaper. Should additional projects be approved for either the CSGT or DAC-GT program through the 2021 solicitations, the Above Market Generation Cost for 2022 may need to be revised later.
2. 20 Percent Bill Discount
SCE expects to begin applying the 20 percent discount in the first quarter of 2022 for the CSGT program. Like the above-market generation costs, Resolution E-4999 also requires each budget submission to include work papers reflecting the methodology for estimating the 20 percent bill discount for all participating and projected customers.7 Appendix C is a workpaper explaining the methodology for estimating the 20 percent bill discount costs.
5 Values have been rounded to the nearest thousand dollars from the calculated values
shown in Appendix A. 6 Resolution E-4999, p. 27. 7 Id., p. 27.
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Like the Above Market Generation Cost estimate, the 2022 CSGT budget for the 20 percent bill discount is based solely on the only approved CSGT project and may need to be revised based on the outcome of the 2021 solicitations.
3. Program Administration Costs
Resolution E-4999 states, “Administration funding must be further broken into discrete tasks, including but not limited to, program management, IT, billing operations, regulatory compliance, and procurement.”8 These cost categories are discussed further in the following subsections.
For 2022, SCE estimates Program Administration (PA) costs of $2,081,976 for DAC-GT, 80 percent of the total DAC-GT budget of $2,587,976. For CSGT in 2022, SCE estimates total PA costs of $2,382,012, which is 64 percent of the total CSGT budget of $3,731,627. The percentage of PA budget compared to the overall program budgets is currently higher than the ten percent cap for both programs.9
Specifically, for DAC-GT, the primary factor impacting the 2022 PA budget is that the IT system implementation cost shifted from 2021 to 2022, increasing to an additional $973,000.
For CSGT, the PA budget also exceeds the ten percent cap due to the shifting of IT system implementation costs from 2021 to 2022 in the amount of $973,000 and the cost of manual billing for CSGT accounts.
Table IV shows the breakdown of the total Program Administration costs for the two programs, and the estimates are discussed in further detail below.
Table IV Program Administration Costs
2022
Budget Category DAC-GT CSGT
Total 2022 2022Program Management $33,226 $41,242 $74,469 IT $1,991,250 $1,991,250 $3,982,500 Billing Operations $0 $292,019 $292,019 Regulatory Compliance $0 $0 $0 Procurement $57,500 $57,500 $115,000 Total $2,081,976 $2,382,012 $4,463,988
8 Id., p. 28. 9 As ordered in Res E-4999, OP 2, SCE will be submitting a Tier 3 advice letter to request an
an adjustment to the proposed budget caps.
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a) Program Management
SCE estimates program management costs of approximately $33,000 for the DAC-GT program. This amount represents costs for program readiness efforts after the launch. For CSGT, a total of approximately $41,000 is budgeted for Green-e certification fees and program readiness efforts.
b) Information Technology (IT)
SCE anticipates having its automated billing and permanent enrollment system launch in the fourth quarter of 2022. With a revision in the implementation timeline, IT startup activities totaling $973,00 for the DAC-GT and CSGT programs will begin in 2022 instead of 2021. As a result, this portion of costs allocated in 2021 for building the long-term solution has been shifted from 2021 to 2022 and have a total cost of approximately $3,982,500. All IT costs in 2022 are shared between the two programs and spread evenly.
c) Billing Operations
SCE assumes the earliest it would need to manually bill is the first quarter of 2022 based on the procurement timeline. Given the change in the IT implementation schedule from the second to the fourth quarter of 2022, manual billing will continue through the third quarter, resulting in estimated manual costs of $292,000.
d) Regulatory Compliance
SCE does not estimate any specific regulatory compliance costs associated with the DAC-GT and CSGT programs. SCE assumes the regulatory support for these two programs can be absorbed in its general Regulatory Affairs budget.
e) Procurement
The Resolution directed IOU to issue its first Request for Offer (RFO) within 60 days of the Commission’s approval of its solicitation documents.10 The Commission approved SCE’s solicitation documents on December 30, 2019.11 Therefore, SCE launched its first solicitation on February 27, 2020. As a result of that solicitation, SCE entered into a ten-year contract with Visalia CSG LLC for a three-megawatt (MW) solar photovoltaic (PV) project with an estimated online date of the first quarter of 2022.
10 Id. 11 SCE Advice 4049-E.
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The Resolution also directs the IOUs to issue two RFOs per year for the DAC-GT and CSGT programs. SCE anticipates launching the two solicitations in the Spring and Fall of 2021.
SCE estimates total procurement administration costs of $57,500 for DAC-GT and CSGT in 2022, respectively. These costs include solicitation website costs and funding for an independent evaluator.12 For purposes of identifying program-specific budgets, SCE splits the costs evenly between the two programs. Procurement administration cost estimates were determined by taking actual costs from prior solicitations for similar projects and adjusting them based on the size, scope, and complexity of these programs’ solicitations. These costs are also shared among the two programs and are spread evenly across the two programs to set program-specific budgets.
4. ME&O Funding
For 2022, SCE estimates total ME&O costs of $462,000 for DAC-GT, 17.9 percent of its total budget of $2,587,976. For CSGT, SCE estimates 2022 ME&O costs of $123,500, which is 3.3 percent of its total budget of $3,731,627.
With no DAC-GT project approved at this time, the DAC-GT program will shift a majority of its 2021 creative development costs to 2022. For CSGT, the focus will be on implementing the ME&O efforts with a combination of third-party creative and digital agencies and other print and media vendors that support other SCE ME&O programs. These vendors are awarded contracts based on SCE procurement policies and procedures, including a competitive Request for Proposals process, subject to SCE’s Women, Minority, Disabled Veteran Business Enterprise requirements. To determine the budget estimates for ME&O for DAC-GT and CSGT, SCE worked with its third-party vendors to develop proxy estimates based on detailed estimated and/or actual spend for similar ME&O activities for similar programs, such as the Residential Rate Reform, Non-Residential TOU and CPP, Charge Ready and Outage Awareness programs. These estimates include visual design and production costs, user experience, user interface design, web accessibility requirements, user experience, user interface design, copywriting, account, and project management.
Broad-based marketing will include creating digital and social media ads and Search Engine Marketing, creating flyers and outreach displays, and paying for the Community Based Organization fees. Specifically, the CSGT program includes Community Sponsor marketing and outreach activities totaling $86,000 in 2022.
Web costs include updates and enhancements to the web pages and the online tool for a total of $33,000 for each program. Targeted marketing will include creating direct mail
12 This IE is different than the one required by Resolution E-4999 to review the programs.
The purpose of this IE “is to ensure a fair, competitive procurement process free of real or perceived conflicts of interest” (D.07-12-052, p. 140).
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and e-mails, for a total of $187,000 DAC-GT and $4,500, to implement CSGT targeted marketing materials that will be developed this year.
Further, the IOUs are directed to identify funding in the CSGT ME&O allocated to local Community-Based Organizations (CBOs) and community sponsors.13
5. Program Review by Independent Evaluator
Resolution E-4999 requires SCE to include $88,000 for its share of the funding for an independent evaluator to review the DAC-GT program every three years and review the CSGT program every year.14 In AL 4050-E, SCE budgeted $176,000 for its share of funding for an independent evaluator to review both programs in 2019. However, because that money was not spent, SCE moved the funds in 2020 via AL 4155-E-B.
As noted in the 2020 Actual Program Spend and the 2021 Approved Budget section above, the IE 2020 budget for $88,000 for each program will be moved to 2021.
In 2022, SCE budgeted $44,000 for each program to share the IE costs in the next evaluation cycle.
6. Program Capacity and Customer Details
The Resolution states, “[f]or each program, the budget submission must include details on the program’s existing capacity, the capacity targeted for procurement in that program year, the number of customers currently served, and the number of additional customers estimated to be served.”15 Table V provides this information for the 2022 budget.
Table V Program Capacity and Customer Details
Program Detail DAC-GT CSGT
Existing Capacity* 0 MW 3 MW
Capacity targeted for procurement in 2022 56.5 MW 11.63 MW
Number of customers currently served 0 0
Number of additional customers estimated to be served in 202216 0 1,492 * Existing Capacity number for the CSGT program reflects approved project(s) but not yet online.
13 Resolution E-4999, p. 28 and D.18-06-024, p. 84. 14 Resolution E-4999, OP 7, p. 69. 15 Id., p. 27. 16 As described in section I of this advice letter, SCE will not be using interim resources to
serve DAC-GT customers. Additionally, SCE does not expect dedicated resources to come online until Q3 of 2021.
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7. GHG Revenue Set-Asides
The Resolution requires that “the revised budgets must reflect any greenhouse gas (GHG) revenue approved to be set aside by each utility for DAC-GT and CSGT in its 2019 Energy Resource Recovery Account (ERRA) Forecast Decision.”17 SCE’s 2019 ERRA Forecast Application authorized SCE to set aside $2 million of GHG allowance revenue to fund the DAC programs through 2019.18 In its 2020 ERRA Forecast Application,19 updated on November 8, 2019, SCE received approval to set aside another $2.431 million20 to fund the DAC programs through 2020,21 which results in a total set aside of $4.431 million for 2019-2020.
Within this AL, SCE estimates forecasted costs of $7,668,071 through 2022 for its DAC programs. Given that a total of $4,431,000 has been set aside, SCE will need to set aside an additional $3,237,071 in GHG revenue in its 2022 ERRA Forecast Application. Note that the requested funding does not reflect funds for CCA DAC programs as each CCA requests those funds, and once approved, SCE will include the approved budget into the SCE ERRA Forecast Application.
Accordingly, SCE does not expect to allocate any costs to Public Purpose Programs funds as D.18-06-027 allows if GHG allowance revenue funding is inadequate to meet the DAC programs’ costs. 22
CONFIDENTIALITY
SCE requests confidential treatment of workpapers included in Appendix B of this AL. The Confidentiality Declaration attached as Attachment D identifies the information for which SCE seeks confidential treatment. Appropriate parties can obtain the confidential version of this AL (in accordance with SCE’s Proposed Protective Order, as discussed below) upon execution of the required non-disclosure agreement. Parties wishing to obtain access to the confidential version of this AL may contact Eric Sezgen in SCE’s Law Department at [email protected] to obtain a non-disclosure agreement.
Attachment D provides the information in this AL for which SCE requests confidential treatment, the location of the information, and the length of time for which the information should remain confidential. This information is entitled to confidentiality protections pursuant to D.06-06-066 (as provided in the investor-owned utility (IOU)
17 Resolution E-4999, OP 5, pp. 68-69. 18 D.19-02-024, p. 39. 19 A.19-06-002, SCE’s 2020 ERRA Application. 20 $2.431 million was requested in Advice 4050-E for 2020. 21 D.20-01-022, Findings of Fact (FOF) 54. 22 D.18-06-027 states that the IOUs should first fund the DAC-GT and CSGT programs from
available GHG allowance proceeds and that if such funds are exhausted to utilize public purpose programs funds. See pp. 54, 85.
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Matrix) and D.08-04-023. Attachment C also provides the IOU Matrix’s specific provisions applicable to the confidential information in this AL.
In accordance with GO 96-B, a copy of SCE’s Proposed Protective Order is attached hereto as Attachment E. It is appropriate to accord confidential treatment to the information for which SCE requests confidential treatment because D.06-06-066 and D.08-04-023 entitle this information to confidentiality protection, and it is required to be submitted by AL as part of the process for obtaining Commission approval. SCE would object if the information were disclosed in an aggregated format.
APPENDICES
The following appendices are included in this AL:
• Appendix A: 2022 DAC-GT and CSGT Budget Details • Appendix B: Confidential Workpapers for Above-Market Generation Costs • Appendix C: Workpapers for 20 Percent Bill Discount • Appendix D: Confidentiality Declaration • Appendix E: Proposed Protective Order
TIER DESIGNATION
Pursuant to OP 2 of Resolution E-4999, this AL is submitted with a Tier 1 designation.
EFFECTIVE DATE
This AL will become effective on February 1, 2021, which is the same day as submitted.
NOTICE
Anyone wishing to protest this AL may do so by letter via U.S. Mail, facsimile, or electronically, any of which must be received no later than 20 days after the date of this AL. Protests should be submitted to:
CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Avenue San Francisco, California 94102 E-mail: [email protected]
Copies should also be mailed to the attention of the Director, Energy Division, Room 4004 (same address above).
In addition, protests and all other correspondence regarding this advice letter should also be sent by letter and transmitted via facsimile or electronically to the attention of:
ADVICE 4407-E (U 338-E) - 12 - February 1, 2021
Gary A. Stern, Ph.D. Managing Director, State Regulatory Operations Southern California Edison Company 8631 Rush Street Rosemead, California 91770
Telephone (626) 302-9645 Facsimile: (626) 302-6396 E-mail: [email protected] Tara S. Kaushik Managing Director, Regulatory Relations c/o Karyn Gansecki Southern California Edison Company 601 Van Ness Avenue, Suite 2030 San Francisco, California 94102 Facsimile: (415) 929-5544 E-mail: [email protected]
There are no restrictions on who may submit a protest, but the protest shall set forth specifically the grounds upon which it is based and must be received by the deadline shown above.
In accordance with General Rule 4 of General Order (GO) 96-B, SCE is serving copies of this advice letter to the interested parties shown on the attached GO 96-B and R.14-07-002 service lists. Address change requests to the GO 96-B service list should be directed by electronic mail to [email protected] or at (626) 302-4039. For changes to all other service lists, please contact the Commission’s Process Office at (415) 703-2021 or by electronic mail at [email protected].
Further, in accordance with Public Utilities Code Section 491, notice to the public is hereby given by submitting and keeping the AL at SCE’s corporate headquarters. To view other SCE advice letters submitted with the Commission, log on to SCE’s web site at https://www.sce.com/wps/portal/home/regulatory/advice-letters.
For questions, please contact Nicole Holliman at (626) 302-4617 or by electronic mail at [email protected].
Southern California Edison Company
/s/ Gary A. Stern, Ph.D. Gary A. Stern, Ph.D.
GAS:nh:jm Enclosures
ADVICE LETTER S U M M A R YENERGY UTILITY
Company name/CPUC Utility No.:
Utility type:Phone #:
EXPLANATION OF UTILITY TYPE
ELC GAS
PLC HEAT
MUST BE COMPLETED BY UTILITY (Attach additional pages as needed)
Advice Letter (AL) #:
WATERE-mail: E-mail Disposition Notice to:
Contact Person:
ELC = ElectricPLC = Pipeline
GAS = GasHEAT = Heat WATER = Water
(Date Submitted / Received Stamp by CPUC)
Subject of AL:
Tier Designation:
Keywords (choose from CPUC listing):AL Type: Monthly Quarterly Annual One-Time Other:If AL submitted in compliance with a Commission order, indicate relevant Decision/Resolution #:
Does AL replace a withdrawn or rejected AL? If so, identify the prior AL:
Summarize differences between the AL and the prior withdrawn or rejected AL:
Confidential treatment requested? Yes NoIf yes, specification of confidential information:Confidential information will be made available to appropriate parties who execute a nondisclosure agreement. Name and contact information to request nondisclosure agreement/access to confidential information:
Resolution required? Yes No
Requested effective date: No. of tariff sheets:
Estimated system annual revenue effect (%):
Estimated system average rate effect (%):
When rates are affected by AL, include attachment in AL showing average rate effects on customer classes (residential, small commercial, large C/I, agricultural, lighting).
Tariff schedules affected:
Service affected and changes proposed1:
Pending advice letters that revise the same tariff sheets:
1Discuss in AL if more space is needed.
CPUC, Energy DivisionAttention: Tariff Unit505 Van Ness AvenueSan Francisco, CA 94102 Email: [email protected]
Protests and all other correspondence regarding this AL are due no later than 20 days after the date of this submittal, unless otherwise authorized by the Commission, and shall be sent to:
Affiliate Direct Access Preliminary StatementAgreements Disconnect Service ProcurementAgriculture ECAC / Energy Cost Adjustment Qualifying FacilityAvoided Cost EOR / Enhanced Oil Recovery RebatesBalancing Account Energy Charge RefundsBaseline Energy Efficiency ReliabilityBilingual Establish Service Re-MAT/Bio-MATBillings Expand Service Area Revenue AllocationBioenergy Forms Rule 21Brokerage Fees Franchise Fee / User Tax RulesCARE G.O. 131-D Section 851CPUC Reimbursement Fee GRC / General Rate Case Self GenerationCapacity Hazardous Waste Service Area MapCogeneration Increase Rates Service OutageCompliance Interruptible Service SolarConditions of Service Interutility Transportation Standby ServiceConnection LIEE / Low-Income Energy Efficiency StorageConservation LIRA / Low-Income Ratepayer Assistance Street LightsConsolidate Tariffs Late Payment Charge SurchargesContracts Line Extensions TariffsCore Memorandum Account TaxesCredit Metered Energy Efficiency Text ChangesCurtailable Service Metering TransformerCustomer Charge Mobile Home Parks Transition CostCustomer Owned Generation Name Change Transmission LinesDecrease Rates Non-Core Transportation ElectrificationDemand Charge Non-firm Service Contracts Transportation RatesDemand Side Fund Nuclear UndergroundingDemand Side Management Oil Pipelines Voltage DiscountDemand Side Response PBR / Performance Based Ratemaking Wind PowerDeposits Portfolio Withdrawal of ServiceDepreciation Power Lines
PUBLIC Appendix A 2022 DAC-GT AND CSGT Budget Details
APPENDIX A
2022 Marketing and Outreach
2022
Green Saver (DAC-GT) launch estimated Q2/Q3 2023Creative
DevelopmentGeneral/Broad-Based Marketing Mass media strategy planning and development $ 35,000 Mass media buy (social and banner ads) $ - Digital Creative Development & Production (Programmatic Banners) $ 125,000 Flyers/Fact Sheets 100K pcs $ 30,000 Customer engagement/CBO Event Displays $ 40,000 Community Based Org fees (16 Tier Ones in DACs at $5K ea.) (equals 1/2; split with Green Tariff) $ - Translation Services $ 12,000 TOTAL: $ 242,000 Targeted Marketing Welcome Communication via Email $ 50,000 Direct Mail $ 75,000 Email Marketing $ 50,000 Translation $ 12,000 TOTAL: $ 187,000 Website Green Tariff Web Page $ 25,000 Green Tariff Web page Translation $ 1,500 Green Tariff Intro with Online Eligibility/ Enrollment Web Page (equals 1/2; split with Community Solar) $ 5,000 Green Tariff Intro with Online Eligibility/Enrollment Intro Translation $ 1,500 TOTAL: $ 33,000 Research Naming Research & Trademark (equals 1/2; split with Community solar) $ - Naming & Customer Research Agency Involvement and Production fees (equals 1/2; split with Green Tariff) $ - Customer Messaging Research (equals 1/2; split with Community solar) $ - TOTAL: $ - Green Saver (DAC-GT) TOTAL $ 462,000
2022
Local Green Saver (CSGT) Market to Customer Q1 2022 Implementation
General/Broad-Based Marketing Flyers/Fact Sheets including CBO Sponsor Templates (5K pcs for RFI and 100K pcs for launch) - 5 total $ - Customer engagement/CBO Event Displays $ - Community Based Org fees (14 Tier Ones in DACs at $5K ea.) (equals 1/2; split with Green Tariff) $ - Translation Services $ - Sponsor Marketing & Outreach Activities for Community Events $ 30,500 Digital Media $ 55,500 TOTAL: $ 86,000 Targeted Marketing Welcome Communication via Email $ 1,000 Direct Mail $ 2,500 Email Marketing $ 1,000 Translation $ -TOTAL: $ 4,500 Website Green Tariff Web Page $ 25,000 Green Tariff Web page Translation $ 1,500 Green Tariff Intro with Online Eligibility/ Enrollment Web Page (equals 1/2; split with Community Solar) $ 5,000 Green Tariff Intro with Online Eligibility/Enrollment Intro Translation $ 1,500 TOTAL: $ 33,000 Research Naming Research & Trademark (equals 1/2; split with Green Tariff) $ -Naming & Customer Research Agency Involvement and Production fees (equals 1/2; split with Green Tariff) $ -Customer Messaging Research (equals 1/2; split with Green Tariff) $ -TOTAL: $ -Local Green Saver (CSGT) TOTAL $ 123,500
CONFIDENTIAL Appendix B Confidential Workpapers for Above-Market Generation Costs
Confidential Protected Materials – Public Disclosure Prohibited
PUBLIC Appendix C Workpapers for 20 Percent Bill Discount
APPENDIX C
20% BILL DISCOUNT WORK PAPER Assumptions 2020 Average CARE Bill $73.49 $/month/customer2021 Average CARE Bill (Est) $75.25 $/month/customer2022 Average CARE Bill (Est) $77.06 $/month/customer AAverage 20% Discount $15.41 $/month/customer B = A*20 Annual Bill Escalation % (Est) 2.4% Billing Start Date February 2022
DECLARATION OF AHMET ERGENC REGARDING THE CONFIDENTIALITY OF
CERTAIN DATA
I, Ahmet Ergenc, declare and state:
I am an Advisor in Southern California Edison Company’s (SCE) Portfolio Planning & Analysis
Group. As such, I had the responsibility for preparing Appendix B, the “Above Market
Generation Cost” workpaper. I make this declaration in accordance with Commission Decision
(D.) 06-06-066 and D.08-04-023, issued in Rulemaking (R.) 05-06-040. I have personal
knowledge of the facts and representations herein and, if called upon to testify, could and would
do so, except for those facts expressly stated to be based upon information and belief, and as to
those matters, I believe them to be true.
1. SCE seeks confidential treatment under Public Utilities Code section 454.5(g) of certain
data that is market-sensitive but does not clearly fall into a category of the Matrix. That
confidential data and the asserted justification for confidential treatment of that data is
listed below:
Data Location Justification for Confidential Treatment Market Sensitive RFO Offer Valuation Results
Appendix B This data contains market-sensitive information regarding SCE’s power procurement activities. Revealing this data to other market participants could provide a competitive disadvantage and enable counterparties to increase the prices paid and/or decrease the prices received by SCE in this activity, potentially harming the future RFO outcome.
2. I am informed and believe and thereon allege that the data in the table in paragraph 1
cannot be aggregated, redacted, summarized, masked or otherwise protected in a manner
that would allow partial disclosure of the data while still protecting confidential
information, because Appendix B must be provided in this form.
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3. I am informed and believe and thereon allege that the data in Appendix B have never
been made publicly available.
/s/ Ahmet Ergenc
PUBLIC Appendix E Proposed Protective Order
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BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Southern California Edison Company’s Disadvantaged Communities Green Tariff and Community Solar Green Tariff’s 2022 Budget and Marketing, Education, and Outreach Plan
)))) )
Advice 4407-E
PROPOSED PROTECTIVE ORDER
1. Scope. This Protective Order shall govern access to and the use of Protected
Materials, produced by, or on behalf of, any Disclosing Party (as defined in Paragraph 2 below)
in this proceeding.
2. Definitions
In addition to the terms defined and capitalized in other sections of this Protective Order,
the following terms are defined for the purposes of this Protective Order:
A. For purposes of this Protective Order, the term “Protected Materials”
means: (i) trade secret, market sensitive, or other confidential and/or proprietary information as
determined by the Disclosing Party in accordance with the provisions of Decision (“D.”) 06-06-
066 and subsequent decisions, including D.14-10-033 which governs the treatment of market
sensitive greenhouse gas data and information, Public Utilities Code section 454.5(g), or any
other right of confidentiality provided by law; or (ii) any other materials that are made subject to
this Protective Order by the Assigned Administrative Law Judge (“Assigned ALJ”), Law and
Motion Administrative Law Judge (“Law and Motion ALJ”), Assigned Commissioner, the
California Public Utilities Commission (“Commission”), or any court or other body having
appropriate authority. Protected Materials also include memoranda, handwritten notes,
spreadsheets, computer files and reports, and any other form of information (including
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information in electronic form) that copies, discloses, incorporates, includes or compiles other
Protected Materials or from which such materials may be derived (except that any derivative
materials must be separately shown to be confidential). Protected Materials do not include: (i)
any information or document contained in the public files of the Commission or any other state
or federal agency, or in any state or federal court; or (ii) any information that is public
knowledge, or which becomes public knowledge, other than through disclosure in violation of
this Protective Order or any other nondisclosure agreement or protective order.
B. The term “redacted” refers to situations in which Protected Material in a
document, whether the document is in paper or electronic form, have been covered, blocked out,
or removed.
C. The term “Disclosing Party” means a party who initially discloses any
specified Protected Material in this proceeding.
D. The term “Requesting Party” means any party that is requesting receipt of
Protected Material from a Disclosing Party.
E. The term “Party” refers to the Requesting Party or the Disclosing Party
and the term “Parties” refers to both the Requesting Party and the Disclosing Party.
F. The term “Market Participant” refers to a Requesting Party that is:
1) A person or entity, or an employee of an entity, that engages in the wholesale purchase, sale or marketing of energy or capacity, or the bidding on or purchasing of power plants, or bidding on utility procurement solicitations, or consulting on such matters, subject to the limitations in 3) below.
2) A trade association or similar organization, or an employee of such organization,
a) whose primary focus in proceedings at the Commission is to advocate for persons/entities that purchase, sell or market energy or capacity at wholesale; bid on, own, or purchase power plants; or bid on utility procurement solicitations; or
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b) a majority of whose members purchase, sell or market energy or capacity at wholesale; bid on, own, or purchase power plants; or bid on utility procurement solicitations; or
c) formed for the purpose of obtaining Protected Materials; or
d) controlled or primarily funded by a person or entity whose primary purpose is to purchase, sell or market energy or capacity at wholesale; bid on, own, or purchase power plants; or bid on utility procurement solicitations.
3) A person or entity that meets the criteria of 1) above is not a Market Participant for purpose of access to Protected Materials unless the person/entity seeking access to Protected Materials has the potential to materially affect the price paid or received for electricity if in possession of such information. An entity will be considered not to have such potential if:
a) the person or entity’s participation in the California electricity market is de minimis in nature. In the resource adequacy proceeding (R.05-12-013) it was determined in D.06-06-064 § 3.3.2 that the resource adequacy requirement should be rounded to the nearest megawatt (MW), and load serving entities (LSEs) with local resource adequacy requirements less than 1 MW are not required to make a showing. Therefore, a de minimis amount of energy would be less than 1 MW of capacity per year, and/or an equivalent of energy; and/or
b) the person or entity has no ability to dictate the price of electricity it purchases or sells because such price is set by a process over which the person or entity has no control, i.e., where the prices for power put to the grid are completely overseen by the Commission, such as subject to a standard offer contract or tariff price. A person or entity that currently has no ability to dictate the price of electricity it purchases or sells under this section, but that will have such ability within one year because its contract is expiring or other circumstances are changing, does not meet this exception; and/or
c) the person or entity is a cogenerator that consumes all the power it generates in its own industrial and commercial processes, if it can establish a legitimate need for Protected Materials.
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G. The term “Non-Market Participant” refers to a Requesting Party that does
not meet the definition of Market Participant. The California Independent System Operator is
deemed a Non-Market Participant for purposes of this Protective Order.
H. “Reviewing Representatives” are limited to person(s) designated in
accordance with Paragraph 5 who meet the following criteria:
1) Reviewing Representatives may not currently be engaged in: (a) a transaction for the purchase, sale, or marketing at wholesale of electrical energy or capacity or natural gas (or the direct supervision of any employee(s) engagement in such a transaction); (b) the bidding on or purchasing of power plants (or the direct supervision of any employee(s) engagement in such a transaction); or (c) knowingly providing electricity or gas marketing consulting or advisory services to others in connection with a transaction for the purchase, sale, or marketing at wholesale of electrical energy or capacity or natural gas or the bidding on or purchasing of power plants (or the direct supervision of any employee(s) engagement in such a transaction or consulting).
2) Reviewing Representatives may not be an employee of a Market Participant. If the Market Participant or Non-Market Participant chooses to retain outside attorneys, consultants, or experts in the same law firm or consulting firm to provide advice in connection with marketing activities, then the attorney, consultant, or expert serving as a Reviewing Representative must be separated by an ethics wall consistent with the ethics wall requirements in D.11-07-028, as that decision may be subsequently modified or changed by the Commission, from those in the firm who are involved in wholesale commercial dealings.
3) Reviewing Representatives shall use Protected Materials only for the purpose of participating in the Commission proceeding in which they received the information.
4) Reviewing Representatives are permitted to participate in regulatory proceedings on behalf of Market Participants and Non-Market Participants.
5) All Reviewing Representatives are required to execute the Nondisclosure Certificate attached to this Protective Order and are bound by the terms of this Protective Order.
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I. The term “Authorized Reviewers” refers to: (1) a Requesting Party that is
a Non-Market Participant; or (2) a Reviewing Representative of a Requesting Party. A
Requesting Party that is a Market Participant is not an Authorized Reviewer, but it may designate
a Reviewing Representative in accordance with Paragraph 5.
J. The term “Nondisclosure Certificate” refers to the Nondisclosure
Certificate attached as Appendix A.
3. Designation, Filing, and Service of Protected Materials.
When filing or providing in discovery any documents or items containing Protected
Materials, a party shall physically mark such documents (or in the case of non-documentary
materials such as computer diskettes, on each item) as “PROTECTED MATERIALS SUBJECT
TO PROTECTIVE ORDER,” or with words of similar import as long as one or more of the
terms “Protected Materials” or “Protective Order” is included in the designation to indicate that
the materials in question are Protected Materials. All materials so designated shall be treated as
Protected Materials unless and until: (a) the designation is withdrawn pursuant to Paragraph 14
hereof; (b) an Assigned ALJ, Law and Motion ALJ, Assigned Commissioner, or the Commission
makes a determination that: (i) the document does not contain Protected Materials or does not
warrant confidential treatment or (ii) denies a motion to file the document under seal; or (c) the
document or information becomes public knowledge, other than through disclosure in violation
of this Protective Order or any other nondisclosure agreement or protective order. However, the
Disclosing Party has the burden of showing that the documents are Protected Materials, and
merely marking a document “Protected Materials” is insufficient to meet that burden.
All documents containing Protected Materials that are tendered for filing with the
Commission shall be placed in sealed envelopes or otherwise appropriately protected and shall
be tendered with a motion to file the document under seal pursuant to Rule 11.4 of the
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Commission’s Rules of Practice and Procedure. All documents containing Protected Materials
that are served on parties in a proceeding shall be placed in sealed envelopes or otherwise
appropriately protected and shall be endorsed to the effect that they are served under seal
pursuant to this Protective Order. Such documents shall only be served upon Authorized
Reviewers and persons employed by or working on behalf of the Commission. Service upon
Authorized Reviewers and persons employed by or working on behalf of the Commission may
either be: (a) by electronic mail in accordance with the procedures adopted in this proceeding;
(b) by facsimile; or (c) by overnight mail or messenger service. Whenever service of a document
containing Protected Materials is made by overnight mail or messenger service, the Assigned
ALJ shall be served with such document by the same means and at the same time.
4. Redaction of Documents. Whenever a Party files, serves or provides in discovery
a document that includes Protected Materials (including but not limited to briefs, testimony,
exhibits, and responses to data requests), such Party shall also prepare a redacted version of such
document. The redacted version shall enable persons familiar with this proceeding to determine
with reasonable certainty the nature of the data that has been redacted and where the redactions
occurred. The redacted version of a document to be filed shall be served on all persons on the
service list, and the redacted version of a discovery document shall be served on all persons
entitled thereto.
5. Designation of Reviewing Representatives. The Requesting Party shall provide
written notice identifying its proposed Reviewing Representative(s) to the Disclosing Party
before the Disclosing Party provides any Protected Materials to the Requesting Party’s
Authorized Reviewers. The written notice shall include the information identified in this
paragraph. If the Requesting Party decides to designate any additional Reviewing
Representative(s) after the Requesting Party’s Authorized Reviewers receive Protected
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Materials, the Requesting Party shall identify the additional proposed Reviewing
Representative(s) to the Disclosing Party before the Requesting Party provides Protected
Materials to the additional Reviewing Representative(s). Within five (5) business days after
receiving written notice of the identity of any Reviewing Representative, the Disclosing Party
may provide the Requesting Party with a written objection to a specific Reviewing
Representative stating the grounds for the objection. Any dispute concerning whether an
identified person or entity is an appropriate Reviewing Representative shall be resolved through
the dispute resolution procedures in Paragraph 11 of this Protective Order. If a Disclosing Party
objects to a specific Reviewing Representative within five (5) business days after the Reviewing
Representative is identified, the Parties shall not provide any Protected Materials to the disputed
Reviewing Representative until the Parties are able to resolve the dispute consistent with the
dispute resolution procedures in Paragraph 11. Failure by the Disclosing Party to object within
five (5) business days does not waive the Disclosing Party’s right to later object to the Reviewing
Representative, even if Protected Materials has already been disclosed. However, further
disclosure of Protected Materials would be stayed until the parties are able to resolve the dispute
consistent with the dispute resolution procedures in Paragraph 11.
Reviewing Representative(s) have a duty to disclose to the Disclosing Party any potential
conflict of interest that puts the Reviewing Representative in violation of D.06-12-030, as
modified by subsequent decisions of the Commission. A resume or curriculum vitae is
reasonable disclosure of such potential conflicts, and should be the default evidence provided in
most cases.
6. Nondisclosure Certificates. A Reviewing Representative shall not inspect,
participate in discussions regarding, or otherwise be granted access to, Protected Materials unless
and until he or she has first completed and executed a Nondisclosure Certificate, attached hereto
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as Appendix A, and delivered the signed Nondisclosure Certificate to the Disclosing Party. The
Disclosing Party shall retain the executed Nondisclosure Certificates pertaining to the Protected
Materials it has disclosed and shall promptly provide copies of the Nondisclosure Certificates to
Commission Staff upon request.
7. Access to Protected Materials and Use of Protected Materials. Subject to the
terms of this Protective Order, Authorized Reviewers shall be entitled to access any Protected
Materials and may make copies of Protected Materials, but such copies become Protected
Materials. Authorized Reviewers may make notes of Protected Materials, which shall be treated
as Protected Materials if such notes disclose any Protected Materials. Protected Materials
obtained by a Party in this proceeding may also be requested by that Party in a subsequent
Commission proceeding, subject to the terms of any nondisclosure agreement or protective order
governing that subsequent proceeding, without constituting a violation of this Protective Order.
8. Maintaining Confidentiality of Protected Materials. Each Authorized Reviewer
shall treat Protected Materials as confidential in accordance with this Protective Order and the
Nondisclosure Certificate. Protected Materials shall not be used except as necessary for
participation in this proceeding, and shall not be disclosed in any manner to any person except:
(i) Authorized Reviewers; (ii) an Authorized Reviewer’s employees and administrative
personnel, such as clerks, secretaries, and word processors, to the extent necessary to assist the
Authorized Reviewer, provided that they shall first ensure that such personnel are familiar with
the terms of this Protective Order and have signed a Nondisclosure Certificate; and (iii) persons
employed by or working on behalf of the Commission. Authorized Reviewers shall adopt
suitable measures to maintain the confidentiality of Protected Materials they have obtained
pursuant to this Protective Order, and shall treat such Protected Materials in the same manner as
they treat their own most highly confidential information.
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Authorized Reviewers shall be liable for any unauthorized disclosure or use by
themselves and/or employees, paralegals, or administrative staff. In the event any Authorized
Reviewer is requested or required by applicable laws or regulations, or in the course of
administrative or judicial proceedings (in response to oral questions, interrogatories, requests for
information or documents, subpoena, civil investigative demand or similar process) to disclose
any of Protected Materials, the Authorized Reviewer shall immediately inform the Disclosing
Party of the request, and the Disclosing Party may, at its sole discretion and cost, direct any
challenge or defense against the disclosure requirement, and the Authorized Reviewer shall
cooperate in good faith with such Party either to oppose the disclosure of the Protected Materials
consistent with applicable law, or to obtain confidential treatment of the Protected Materials by
the person or entity who wishes to receive them prior to any such disclosure. If there are
multiple requests for substantially similar Protected Materials in the same case or proceeding
where an Authorized Reviewer has been ordered to produce certain specific Protected Materials,
the Authorized Reviewer may, upon request for substantially similar materials by another person
or entity, respond in a manner consistent with that order to those substantially similar requests.
9. Return or Destruction of Protected Materials. Protected Materials shall remain
available to Authorized Reviewers until an order terminating this proceeding becomes no longer
subject to judicial review. If requested to do so in writing after that date, the Authorized
Reviewers shall, within fifteen days after such request, return the Protected Materials to the
Disclosing Party that produced such Protected Materials, or shall destroy the materials, except
that copies of filings, official transcripts and exhibits in this proceeding that contain Protected
Materials, and notes of Protected Materials may be retained, if such Protected Materials are
maintained in accordance with Paragraph 8. Within such time period each Authorized Reviewer,
if requested to do so, shall also submit to the Disclosing Party an affidavit stating that, to the best
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of its knowledge, all Protected Materials have been returned or have been destroyed or will be
maintained in accordance with Paragraph 8. To the extent Protected Materials are not returned
or destroyed, they shall remain subject to this Protective Order.
In the event that a Reviewing Representative to whom Protected Materials are disclosed
ceases to be engaged to provide services in this proceeding, then access to such materials by that
person shall be terminated and the Reviewing Representative shall immediately return or destroy
all Protected Materials, or provide an affidavit stating that all Protected Materials and all notes of
Protected Materials will be maintained in accordance with Paragraph 8. Even if a Reviewing
Representative is no longer engaged in this proceeding, every such person shall continue to be
bound by the provisions of this Protective Order and the Nondisclosure Certificate.
10. Access and Use by Governmental Entities.
A. In the event the Commission receives a request from the California Energy
Commission (“CEC”) for a copy of or access to any Party’s Protected Materials, the procedure
for handling such requests shall be as follows. Not less than five (5) business days after
delivering written notice to the Disclosing Party of the request, the Commission shall release
such Protected Materials to the CEC upon receipt from the CEC of an Interagency Information
Request and Confidentiality Agreement (“Interagency Confidentiality Agreement”). Such
Interagency Confidentiality Agreement shall: (i) provide that the CEC will treat the requested
Protected Materials as confidential in accordance with this Protective Order; (ii) include an
explanation of the purpose for the CEC’s request, as well as an explanation of how the request
relates to furtherance of the CEC’s functions; (iii) be signed by a person authorized to bind the
CEC contractually; and (iv) expressly state that furnishing of the requested Protected Materials
to employees or representatives of the CEC does not, by itself, make such Protected Materials
public. In addition, the Interagency Confidentiality Agreement shall include an express
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acknowledgment of the Commission’s sole authority (subject to judicial review) to make the
determination whether the Protected Materials should remain confidential or be disclosed to the
public, notwithstanding any provision to the contrary in the statutes or regulations applicable to
the CEC.
B. In the event the Commission receives a request for a copy of or access to a
party’s Protected Materials from a state governmental agency other than the CEC that is
authorized to enter into a written agreement sufficient to satisfy the requirements for maintaining
confidentiality set forth in Government Code Section 6254.5(e), the Commission may, not less
than five (5) business days after giving written notice to the Disclosing Party of the request,
release such Protected Materials to the requesting governmental agency, upon receiving from the
requesting agency an executed Interagency Confidentiality Agreement that contains the same
provisions described in Paragraph 10.A above.
C. The CEC may use Protected Materials when needed to fulfill its statutory
responsibilities or cooperative agreements with the Commission. Commission confidentiality
designations will be maintained by the CEC in making such assessments, and the CEC will not
publish any assessment that directly reveals the data or allows the data submitted by an
individual load serving entity to be “reverse engineered.”
11. Dispute Resolution. All disputes that arise under this Protective Order, including
but not limited to alleged violations of this Protective Order and disputes concerning whether
materials were properly designated as Protected Materials, shall first be addressed by the parties
through a meet and confer process in an attempt to resolve such disputes. If the meet and confer
process is unsuccessful, either party may present the dispute for resolution to the Assigned ALJ
or the Law and Motion ALJ.
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12. Other Objections to Use or Disclosure. Nothing in this Protective Order shall be
construed as limiting the right of a Party, the Commission Staff, or a state governmental agency
covered by Paragraph 10 to object to the use or disclosure of Protected Materials on any legal
ground, including relevance or privilege.
13. Remedies. Any violation of this Protective Order shall constitute a violation of an
order of the Commission. Notwithstanding the foregoing, the parties and Commission Staff
reserve their rights to pursue any legal or equitable remedies that may be available in the event of
an actual or anticipated disclosure of Protected Materials.
14. Withdrawal of Designation. A Disclosing Party may agree at any time to remove
the “Protected Materials” designation from any materials of such Party if, in its opinion,
confidentiality protection is no longer required. In such a case, the Disclosing Party will notify
all Requesting Parties that the Disclosing Party has agreed to withdraw its designation of
Protected Materials for specific documents or material.
15. Modification. This Protective Order shall remain in effect unless and until it is
modified or terminated by the Commission or the Assigned ALJ. The identity of the parties
submitting Protected Materials may differ from time to time. In light of this situation,
modifications to this Protective Order may become necessary. The Parties shall work
cooperatively to develop such modifications and, to the extent the Parties are able to agree to
modifications, shall file a motion with the Assigned ALJ or the Commission seeking approval of
the modifications. To the extent Parties are unable to agree on modifications after a good faith
effort, each party governed by this Protective Order has the right to seek modifications in it as
appropriate from the Assigned ALJ or the Commission.
16. Interpretation. Headings are for convenience only and may not be used to restrict
the scope of this Protective Order.
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Entered: __________________________________
Administrative Law Judge
Date: __________________________________
APPENDIX A TO PROPOSED PROTECTIVE ORDER
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
Southern California Edison Company’s Disadvantaged Communities Green Tariff and Community Solar Green Tariff’s 2022 Budget and Marketing, Education, and Outreach Plan
)))) )
Advice 4407-E
NONDISCLOSURE CERTIFICATE
I hereby certify my understanding that access to Protected Materials is provided to me
pursuant to the terms and restrictions of the Protective Order in this proceeding, that I have been
given a copy of and have read the Protective Order, and that I agree to be bound by it. I
understand that the contents of the Protected Materials, any notes or other memoranda, or any
other form of information that copies or discloses Protected Materials shall not be disclosed to
anyone other than in accordance with that Protective Order. I acknowledge that a violation of
this certificate constitutes a violation of an order of California Public Utilities Commission. Signed: _______________________ Name ________________________ Title: _________________________ Organization: __________________ Dated: ________________________
