Consistency with Adopted Standard Terms and Conditions. The Commission set forth standard terms and conditions to be incorporated into RPS contracts in D.00-00-000 and D.00-00-000, as modified by D.00-00-000, and in D.00-00-000. As shown in Confidential Appendix H, the PPA incorporates the non-modifiable terms identified in Attachment A of D.00-00-000. Changes have been made to terms that the Commission has designated as modifiable in D.00-00-000. Confidential Appendix H identifies each modifiable standard term and condition that has been materially changed from its form in the 2006 Solicitation Protocol issued on June 30, 2006. The PPA represents a meeting of the minds between Xxxxxxxx and PG&E, and each term was bargained for in consideration of every other term. Each provision is essential to the negotiated agreement between the parties and the Commission should therefore not modify any of the provisions. The Commission should consider the agreement as a whole, in terms of its ultimate effect on utility customers. PG&E submits that the PPA protects the interests of its customers while achieving the Commission’s goal of increasing procurement from eligible renewable resources. Advice 3181-E - 8 - December 18, 2007
Consistency with Adopted Standard Terms and Conditions. PG&E has updated the Commission’s non-modifiable term for the definition of Green Attributes in the First Amendment to conform to Decision (“D.”) 00-00-000, which was issued after PG&E executed and filed the PPA for Commission approval in August 2008. Additional modifications have also been made to several of the terms designated as modifiable in D.00-00-000 and D.00-00-000. A comparison of the modifiable terms in the PPA as amended by the First Amendment against the modifiable terms in the PPA submitted in August 2008 is provided in Confidential Appendix H.
Consistency with Adopted Standard Terms and Conditions. The Commission set forth standard terms and conditions to be incorporated into RPS agreements in D.00-00-000 and D.00-00-000. The PPA contains the standard terms and conditions for RPS contracts adopted by D.00-00-000 and D.00-00-000, as modified by D.00-00-000. The PPA does not deviate from the non-modifiable terms and conditions, except for permissible non-substantive edits and changes to reflect current California law. Each change has been identified and compared with the non-modifiable terms and conditions specified in D.04-06- 014 and D.00-00-000, as modified by D.00-00-000, and with the 2007 RPS As- Available PPA form submitted for Commission approval on September 26, 2006, and approved February 15, 2007 by D.00-00-000. This analysis and a description of the changes are provided in Confidential Appendix H to this Advice Letter. During the course of negotiations, the parties found it necessary to modify some of the modifiable standard terms to reach agreement. These terms are all designated as subject to modification upon request of the bidder in Appendix A of D.00-00-000. Each change has been identified and compared with the modifiable terms and conditions in the approved 2007 RPS As-Available PPA form in Confidential Appendix H. The PPA represents a meeting of the minds between Ausra and PG&E, and each term was bargained for in consideration of every other term. Each provision is essential to the negotiated agreement between the parties and the Commission should therefore not modify the parties’ agreement. The Commission should evaluate the reasonableness of the PPA as a whole, in terms of its ultimate effect on utility customers. PG&E submits that the PPA protects the interests of customers while achieving the Commission’s goal of increasing procurement from eligible renewable resources.
Consistency with Adopted Standard Terms and Conditions. The Commission set forth standard terms and conditions to be incorporated into contracts for the purchase of electricity from eligible renewable energy resources in D.00-00-000, D.00-00-000 as modified by D.00-00-000, and D.00-00-000. These terms and conditions were compiled and published by D.00-00-000. Additionally, the non-modifiable term related to Green Attributes was finalized in D.00-00-000. The non-modifiable terms in the PPA conform exactly to the non-modifiable terms set forth in Attachment A of D.00-00-000 and Appendix A of D.00-00-000, as modified by D.00-00-000. Modifications have been made to terms in the PPA designated as modifiable in D.00-00-000 and D.00-00-000 based upon mutual agreement reached during negotiations. A comparison of the modifiable terms in the PPA against the modifiable terms in PG&E’s 2007 RPS As-Available PPA form in the Solicitation Protocol issued on March 12, 2007 is provided in Confidential Appendix H.8 Each provision in the PPA is essential to the negotiated agreement between the parties, and the Commission should therefore not modify any of the provisions. The Commission should consider the PPA as a whole, in terms of its ultimate effect on utility customers. PG&E submits that the PPA protects the interests of its 8 Following suspension of negotiations on the PPA and the acquisition of the Project by Xxxxxxx & Brown, the parties began negotiations again using the then-current 2007 form PPA. Accordingly, PG&E compares the resulting PPA’s modified terms and conditions against the 2007 form PPA rather than against the 2005 form PPA. customers while achieving the Commission’s goal of increasing procurement from eligible renewable resources.
