Enron Mail

From:douglass@energyattorney.com
To:tjohnso8@enron.com, berry@apx.com, dpurdum@apx.com, ed@cazalet.com,billr@calpine.com, bob_anderson@apses.com, cabaker@duke-energy.com, camiessn@newwestenergy.com, jcgardin@newwestenergy.com, curt.hatton@neg.pge.com, curtis_l_kebler@reliantenergy.com,
Subject:PG&E Files Emergency Motion re URG Valuation
Cc:
Bcc:
Date:Thu, 5 Jul 2001 02:47:00 -0700 (PDT)

???????????? PG&E has?filed the attached, =01&Motion to Establish Final Ma=
rket =20
Valuation of Non-Nuclear Generating Assets Pursuant to Public Utilities Cod=
e =20
Section 367.=018? The motion requests that the Commission consolidate in t=
he=20
docket used for the recent rate stabilization decision the existing record=
=20
of PG&E=01,s remaining major non-nuclear generating asset market valuation=
=20
proceedings and immediately adopt a final market valuation for all of PG&E=
=01,s=20
remaining non-nuclear generating assets.? The market valuation dockets tha=
t=20
would be consolidated in this proceeding include A.99-09-053 (hydroelectri=
c=20
assets); A.00-05-031 (Kern); and A.00-05-034 (Humboldt Bay). =20

??? ??? ??? The utility requests that this be done?prior to establishing=
=20
the revenue requirements and rates for PG&E=01,s retained generating asset=
s=20
pursuant to the June 15 Chief ALJ=01,s Ruling.? That ruling set a hearing=
=20
schedule for determining the revenue requirements of the three utilities=
=20
related to retained generation,?QFs, bilateral contracts, and ancillary=20
services.? PG&E asks that the?Commission rule on its Motion as soon as=20
possible and no later than July 19, so that PG&E and interested parties ha=
ve=20
the benefit of the ruling prior to the beginning of hearings on July 23,=
=20
2001.

PG&E argues that since the Commission has not completed market valuations=
=20
for PG&E=01,s generating assets,?it therefore may not legally determine th=
e=20
value of those assets for ratemaking purposes until such time as those=20
market valuations are complete.? In fact, there has been no action =20
whatsoever in?PG&E=01,s hydroelectric market valuation proceeding since Ja=
nuary=20
22,?when the Chief ALJ issued a ruling canceling a prehearing conference a=
nd=20
public participation hearings, and extending the comment period on the dra=
ft=20
environmental impact report.

The utility stresses that Section 367(b) of the PU Code?requires the=20
Commission to market value the utilities=01, generation assets =01&not lat=
er than=20
December 31, 2001,=018 and that it has to be, =01&based on appraisal, sale=
or=20
other divestiture.=018? They also note that AB 6 from the Legislature=01,s=
First=20
Extraordinary Session modified Section 377 to?prohibit PG&E from selling a=
ny=20
of its existing generating assets until at least January 1, 2006, and=20
requires that those assets be dedicated for the benefit of California=20
ratepayers.? Since AB 6X precludes the Commission from valuing PG&E=01,s=
=20
generating assets by sale or divestiture, appraisal is the only lawful=20
method.

PG&E concludes that effective January 1, 2002, its non-nuclear retained=20
generation must be reflected in utility rates on the same basis as the=20
market value determined for purposes of AB 1890 stranded cost computations=
.?=20
Therefore, the?market valuations adopted by the Commission will have to be=
=20
included in the consideration of URG ratemaking in this proceeding.? The=
=20
motion says that the?valuations are also essential prerequisites to the=20
determination of any amounts that might be made available under the curren=
t=20
rate structure for payment to the DWR as provided for in AB1X.? PG&E =20
concludes that market valuation of its retained generating assets is an =20
essential prerequisite to establishing their revenue requirement, which is =
=20
hardly illogical.

Dan


Law Offices of Daniel W. Douglass
5959 Topanga Canyon Blvd.? Suite 244
Woodland Hills, CA 91367
Tel:?? (818) 596-2201
Fax:? (818) 346-6502
douglass@energyattorney.com
- 7-3-01 PG&E URG Motion.doc