Common use of REQUEST FOR COMMISSION APPROVAL Clause in Contracts

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012, that: 1. Approves the PPA in its entirety, including payments to be made by PG&E pursuant to the PPA, subject to the Commission’s review of PG&E’s administration of the PPA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the PPA is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) 00-00-000 and D.00-00-000, or other applicable law. 4. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g), associated with the PPA shall be recovered in rates. 5. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The PPA is consistent with PG&E’s 2009 RPS procurement plan. b. The terms of the PPA, including the price of delivered energy, are reasonable. 6. Adopts the following finding of fact and conclusion of law in support of cost recovery for the PPA: a. The utility’s costs under the PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from the PPA are subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00-00-000. 7. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) adopted in R.00-00-000: a. The PPA is not covered procurement subject to the EPS because the generating facility has a forecast capacity factor of less than 60 percent and, therefore, is not baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of the Adopted Interim EPS Rules.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012late March 2013, that: 1. Approves the A&R PPA in its entirety, including payments to be made by PG&E pursuant to the A&R PPA, subject to the Commission’s review of PG&E’s administration of the A&R PPA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the A&R PPA is procurement from an eligible renewable energy resource resources for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard RPS (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) ), D. 00-00-000 and D.00-00-000, or other applicable law. 43. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g399.13(g), associated with the A&R PPA shall be recovered in rates. 54. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R PPA is consistent with PG&E’s 2009 2011 RPS procurement plan. b. The terms of the A&R PPA, including the price of delivered energy, are is reasonable. 65. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R PPA: a. The utility’s costs under the A&R PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs cost that may arise from the A&R PPA are is subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00D.08-00-00009- 012. 76. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) EPS adopted in R.00-00-000: a. The PPA is not covered procurement subject to pre-approved as meeting the EPS because it is for an existing biomass facility covered by Conclusion of Law 35(d) of D.00-00-000. b. PG&E has provided the generating facility has notice of procurement required by D.00-00-000 in its Advice Letter filing. 7. Adopts a forecast capacity factor finding of less than 60 percent and, therefore, is not baseload generation under paragraphs 1(a)(ii) fact and 3(2)(aconclusion of law that deliveries from the A&R PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth in Section 399.16(d) of the Adopted Interim EPS RulesPublic Utilities Code.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012December 2, 2010, that: 1. Approves the Amended and Restated PPA in its entirety, including payments to be made by PG&E pursuant to the Amended and Restated PPA, subject to the Commission’s review of PG&E’s administration of the Amended and Restated PPA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the Amended and Restated PPA is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) 00), D.03- 06-00-000 071 and D.00-00-000, or other applicable law. 43. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g), associated with the Amended and Restated PPA shall be recovered in rates. 54. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The Amended and Restated PPA is consistent with PG&E’s 2009 RPS procurement plan. b. The terms of the Amended and Restated PPA, including the price of delivered energy, are reasonable. 65. Adopts the following finding of fact and conclusion of law in support of cost recovery for the Amended and Restated PPA: a. The utility’s costs under the Amended and Restated PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from the Amended and Restated PPA are subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00-00-000. 76. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) adopted in R.00-00-000: a. The Amended and Restated PPA is not covered procurement subject to pre-approved as meeting the EPS because the generating it is for an existing geothermal facility has a forecast capacity factor covered by Conclusion of less than 60 percent and, therefore, is not baseload generation under paragraphs 1(a)(ii) and 3(2)(aLaw 35(c) of the Adopted Interim EPS RulesD.00-00-000.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012April 2011, that: 1. Approves the PPA in its entirety, including payments to be made by PG&E pursuant to the PPA, subject to the Commission’s review of PG&E’s administration of the PPA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the PPA is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) 00D.00-00-000 and D.00-00-000, or other applicable law. 43. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g), associated with the PPA shall be recovered in rates. 54. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The PPA is consistent with PG&E’s 2009 RPS procurement plan. b. The terms of the PPA, including the price of delivered energy, are reasonable. 65. Adopts the following finding of fact and conclusion of law in support of cost recovery for the PPA: a. The utility’s costs under the PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from the PPA are subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00-00-000. 76. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) adopted in R.00-00-000: a. The PPA is not covered procurement subject to the EPS because the generating facility has a forecast capacity factor of less than 60 percent and, therefore, is not baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of the Adopted Interim EPS Rules.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012December 15, 2011, that: 1. Approves the PPA Amended and Restated Renewable Energy Credit Purchase and Sales Agreement (“PSA”) between PG&E and SPI in its entirety, including payments to be made by PG&E pursuant to the PPAPSA, subject to the Commission’s review of PG&E’s administration of the PPAPSA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the PPA PSA is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) 00-00-000 and D.00-00-000, or other applicable law. 3. Finds that pursuant to Public Utilities Code Section 399.16(d), as enacted by the California Renewable Energy Resources Act, Senate Bill X1 2 (“SBX1 2”), the PSA shall count in full towards RPS procurement requirements, and thus is not subject to procurement or compliance limitations and restrictions, including those set forth in or developed pursuant to Sections 399.13(a)(4)(B) or 399.16(c), as enacted by SBX1 2. 4. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g), associated with the PPA PSA shall be recovered in rates. 5. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The PPA PSA is consistent with PG&E’s 2009 2011 RPS procurement plan. b. The terms of the PPAPSA, including the price of delivered energyTRECs, are reasonable. 6. Adopts the following finding of fact and conclusion of law in support of cost recovery for the PPAPSA: a. The utility’s costs under the PPA PSA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from the PPA PSA are subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00-00-000. 7. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) adopted in R.00-00-000: a. The PPA PSA is not covered procurement subject to the EPS because the generating facility has a forecast capacity factor it does not involve procurement of less than 60 percent and, therefore, is not baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of the Adopted Interim EPS Ruleselectric energy.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012, April 2014 that: 1. Approves the PPA PSA in its entirety, including payments to be made by PG&E pursuant to the PPAPSA, subject to the Commission’s review of PG&E’s administration of the PPAPSA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the PPA PSA is procurement from an eligible renewable energy resource resources for purposes of determining PG&E’s compliance with any obligation Advice 4299-E October 10, 2013 that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard RPS (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) 00-00-000 and ), D.00-00-000, D.00-00-000, D.11-12- 020. D.00-00-000 or other applicable law. 43. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g399.13(g), associated with the PPA PSA shall be recovered in rates. 54. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The PPA PSA is consistent with PG&E’s 2009 2012 RPS procurement planProcurement Plan. b. The terms of the PPA, including the price of delivered energy, PSA are reasonable. 65. Adopts the following finding of fact and conclusion of law in support of cost recovery for the PPAPSA: a. The utility’s costs under the PPA PSA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs cost that may arise from the PPA are PSA is subject to the provisions of D.00D.04- 12-00-000 048 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00-00-000. 76. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) EPS adopted in R.00-00-000: a. The PPA PSA is not a form of covered procurement subject to the EPS EPS, because it does not involve procurement of electric energy. 7. Adopts a finding of fact and conclusion of law that deliveries from the generating facility has PSA shall be categorized as procurement under the portfolio content category specified in Section 399.16(b)(3), subject to the Commission’s after-the-fact verification that all applicable criteria have been met. 8. Adopts a forecast capacity factor finding of less than 60 percent and, therefore, fact and conclusion of law that the PSA is not baseload generation under paragraphs 1(a)(ii) and 3(2)(a) a long term contract subject to Conclusion of the Adopted Interim EPS RulesLaw 27 of D.00-00-000.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February August 2, 2012, that: 1. Approves the Amended PPA in its entirety, including payments to be made by PG&E pursuant to the Amended PPA, subject to the Commission’s review of PG&E’s administration of the Amended PPA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the Amended PPA is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”) ), Decision (“D.”) 00-00-000 and D.00-00-000, or other applicable law. 43. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g), associated with the Amended PPA shall be recovered in rates. 54. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The Amended PPA is consistent with PG&E’s 2009 2011 RPS procurement plan. b. The terms of the Amended PPA, including the price of delivered energy, are reasonable. 65. Adopts the following finding of fact and conclusion of law in support of cost recovery for the Amended PPA: a. The utility’s costs under the Amended PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from the Amended PPA are is subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00D.08-00-00009- 012. 76. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) adopted in R.00-00-000: a. The Amended PPA is not covered procurement subject to the EPS because the generating facility has a forecast capacity factor of less than 60 percent each and, therefore, is are not baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of the Adopted Interim EPS Rules. 7. Adopts a finding of fact and conclusion of law that deliveries from the Amended PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the original PPA and the amendment meet the criteria set forth in Section 399.16(d) of the Public Utilities Code.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012, July 2018 that: 1. Approves the Amended and Restated PPA in its entirety, including payments to be made by PG&E pursuant to the Amended and Restated PPA, subject to the Commission’s review of PG&E’s administration of the Amended and Restated PPA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the Amended and Restated PPA is procurement from an eligible renewable energy resource resources for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard RPS (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) 00), D.00-00-000 and D.00-00-000, or other applicable law. 43. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g399.13(g), associated with the Amended and Restated PPA shall be recovered in rates. 54. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The Amended and Restated PPA is consistent with PG&E’s 2009 2017 RPS procurement plan. b. The terms of the Amended and Restated PPA, including the price prices of delivered energy and deemed delivered energy, are reasonable. 65. Adopts the following finding of fact and conclusion of law in support of cost recovery for the Amended and Restated PPA: a. The utility’s costs payments to Xxxxxx XX under the Amended and Restated PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from the PPA are subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00-00-000. 76. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) EPS adopted in R.00-00-000: a. The Amended and Restated PPA is not pre-approved as meeting the EPS because it is for an existing wind facility covered by Conclusion of Law 35(d) of D.00-00-000. 7. Adopts a finding of fact and conclusion of law that deliveries from the Amended and Restated PPA shall be categorized as grandfathered procurement pursuant to California Public Utilities Code Section 399.16(d), subject to the EPS because the generating facility has a forecast capacity factor of less than 60 percent and, therefore, is not baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of the Adopted Interim EPS RulesCommission’s after-the-fact verification that all applicable criteria have been met.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012December 17, 2009 that: 1. Approves the PPA as amended by the First Amendment in its entirety, including payments to be made by PG&E pursuant to the PPA, subject to the Commission’s review of PG&E’s administration of the PPAPPA as amended by the First Amendment. 2. Approves all contracted-for payments to be made by PG&E for the QF Modifications in their entiretypurchase of renewable energy generated by the Project. 3. Finds that any procurement pursuant to the PPA as amended by the First Amendment is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard RPS (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) 00), D.00-00-000 and D.00-00-000, or other applicable law. 4. Finds that PG&E’s contracted-for procurement of renewable energy generated by the Project is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS (Public Utilities Code Section 399.11 et seq.), D.00-00-000 and D.00-00-000, or other applicable law. 5. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g), associated with PG&E’s contracted-for purchase of renewable energy generated by the PPA Project shall be recovered in rates. 56. Adopts the following finding of fact and conclusion conclusions of law in support of CPUC Approval: a. The PPA is consistent with PG&E’s 2009 RPS procurement plan. b. The terms of the PPAPPA as amended by the First Amendment, including the price of delivered energy, are reasonable. 6b. PG&E’s entry into the PPA as amended by the First Amendment is reasonable. 7. Adopts the following finding of fact and conclusion of law in support of cost recovery for the PPArecovery: a. The utility’s contracted-for costs under for the PPA purchase of renewable energy generated by the Project shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from PG&E’s contracted-for purchase of renewable energy generated by the PPA Project are subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the applicable contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00D.08-00-00009- 012. 78. Adopts the following findings finding with respect to resource compliance with the Emissions Performance Standard (“EPS”) EPS adopted in R.00-00-000: a. The PPA as amended by the First Amendment is not a covered procurement subject to the EPS because the generating facility has a forecast annualized capacity factor of less than 60 percent and, therefore, is and therefore does not constitute baseload generation under paragraphs 1(a)(ii) as defined by statute and 3(2)(a) of the Adopted Interim EPS Rules.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012December 15, 2011, that: 1. Approves the PPA Purchase and Sale Agreement, as amended by the First Amendment (collectively the “PSA”), in its the entirety, including payments to be made by PG&E pursuant to the PPAPSA, subject to the Commission’s review of PG&E’s administration of the PPAPSA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the PPA PSA is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) 00-00-000 and D.00-00-000, or other applicable law. 3. Finds that pursuant to Public Utilities Code Section 399.16(d), as enacted by the California Renewable Energy Resources Act, Senate Bill X1 2 (“SBX1 2”), the PSA shall count in full towards RPS procurement requirements, and thus is not subject to procurement or compliance limitations and restrictions, including those set forth in or developed pursuant to Sections 399.13 or 399.16(c), as enacted by SBX1 2. 4. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g), associated with the PPA PSA shall be recovered in rates. 5. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The PPA PSA is consistent with PG&E’s 2009 2011 RPS procurement plan. b. The terms of the PPAPSA, including the price of delivered energyTRECs, are reasonable. 6. Adopts the following finding of fact and conclusion of law in support of cost recovery for the PPAPSA: a. The utility’s costs under the PPA PSA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from the PPA PSA are subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00-00-000. 7. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) adopted in R.00-00-000: a. The PPA PSA is not covered procurement subject to the EPS because the generating facility has a forecast capacity factor it does not involve procurement of less than 60 percent and, therefore, is not baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of the Adopted Interim EPS Ruleselectric energy.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no not later than February 2012August 12, 2010 that: 1. Approves the PPA in its entirety, including payments to be made by PG&E pursuant to the PPA, subject to the Commission’s review of PG&E’s Advice No. 3671-E - 15 - May 11, 2010 administration of the PPA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the PPA is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”) ), Decision (“D.”) 00-00-000 and D.00-00-000, or other applicable law. 43. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g), associated with the PPA shall be recovered in rates. 54. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The PPA is consistent with PG&E’s 2009 2007 RPS procurement plan. b. The terms of the PPA, including the price of delivered energy, are reasonable. 65. Adopts the following finding of fact and conclusion of law in support of cost recovery for the PPA: a. The utility’s costs under the PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from the PPA are subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00-00-000. 76. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) adopted in R.00-00-000: a. The PPA is not a covered procurement subject to the EPS because the generating facility has facilities have a forecast capacity factor of less than 60 percent each and, therefore, is are not baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of the Adopted Interim EPS Rules.. Advice No. 3671-E - 16 - May 11, 2010 Anyone wishing to protest this filing may do so by sending a letter by May 31, 2010, which is 217 days from the date of this filing. The protest must state the grounds upon which it is based, including such items as financial and service impact, and should be submitted expeditiously. Protests should be mailed to: CPUC Energy Division Attention: Tariff Unit, 4th Floor 000 Xxx Xxxx Xxxxxx San Francisco, California 94102 Facsimile: (000) 000-0000 E-mail: xxx@xxxx.xx.xxx and xxx@xxxx.xx.xxx Copies should also be mailed to the attention of the Director, Energy Division, Room 4005 and Xxxxxxx Xxxxxxxxxx, Energy Division, at the address shown above. The protest also should be sent via U.S. mail (and by facsimile and electronically, if possible) to PG&E at the address shown below on the same date it is mailed or delivered to the Commission: Pacific Gas and Electric Company Attention: Xxxx Xxxx Vice President, Regulation and Rates 00 Xxxxx Xxxxxx, Mail Code B10B P.O. Box 770000 San Francisco, California 94177 Facsimile: (000) 000-0000 E-Mail: XXXXxxxxxx@xxx.xxx

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012December 15, 2011, that: 1. Approves the PPA and the First Amendment in its their entirety, including payments to be made by PG&E pursuant to the PPA, subject to the Commission’s review of PG&E’s administration of the PPA. 2. Approves the QF Modifications enXco Amendment in their its entirety. 3. Finds that any procurement pursuant to the PPA is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) 00-00-000 and D.00-00-000, or other applicable law. 4. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g), associated with the PPA shall be recovered in rates. 5. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The PPA is consistent with PG&E’s 2009 RPS procurement plan. b. The terms of the PPA, including the price of delivered energy, are reasonable. 6. Adopts the following finding of fact and conclusion of law in support of cost recovery for the PPA: a. The utility’s costs under the PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from the PPA are subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00-00-000. 7. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) adopted in R.00-00-000: a. The PPA is not covered procurement subject to the EPS because the generating facility has a forecast capacity factor of less than 60 percent and, therefore, is not baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of the Adopted Interim EPS Rules.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than February 2012, as soon as possible that: 1. Approves the A&R PPA in its entirety, including payments to be made by PG&E pursuant to the A&R PPA, subject to the Commission’s review of PG&E’s administration of the A&R PPA.. Advice 4048-E May 25, 2012 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the A&R PPA is procurement from an eligible renewable energy resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”) Decision (“D.”) 00), D.00-00-000 and D.00-00-000, or other applicable law. 43. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.14(g399.13(g), associated with the A&R PPA shall be recovered in rates. 54. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R PPA is consistent with PG&E’s 2009 2011 RPS procurement plan. b. The terms of the A&R PPA, including the price of delivered energy, are reasonable. 65. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R PPA: a. The utility’s costs under the A&R PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded costs that may arise from the A&R PPA are subject to the provisions of D.00-00-000 that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.00-00-000 stranded cost recovery mechanism is addressed in D.00D.08-00-00009- 012. 6. Adopts a finding of fact and conclusion of law that deliveries from the A&R PPA fall within the RPS portfolio content category set forth in Public Utilities Code Section 399.16(b)(1). 7. Adopts the following findings with respect to resource compliance with the Emissions Performance Standard (“EPS”) EPS adopted in R.00-00-000: a. The A&R PPA is not covered procurement subject to pre-approved as meeting the EPS because the generating it is for an existing geothermal facility has a forecast capacity factor covered by Conclusion of less than 60 percent and, therefore, is not baseload generation under paragraphs 1(a)(ii) and 3(2)(aLaw 35(c) of D.00-00-000. Advice 4048-E May 25, 2012 Anyone wishing to protest this filing may do so by sending a letter by June 14, 2012, which is 20 days from the Adopted Interim EPS Rules.date of this filing. The protest must state the grounds upon which it is based, including such items as financial and service impact, and should be submitted expeditiously. Protests should be mailed to: CPUC Energy Division Attention: Tariff Unit, 4th Floor 000 Xxx Xxxx Xxxxxx San Francisco, California 94102 Facsimile: (000) 000-0000 E-mail: XXXxxxxxXxxx@xxxx.xx.xxx Copies should also be mailed to the attention of the Director, Energy Division, Room 4004, at the address shown above. The protest also should be sent via U.S. mail (and by facsimile and electronically, if possible) to PG&E at the address shown below on the same date it is mailed or delivered to the Commission. Pacific Gas and Electric Company Attention: Xxxxx X. Xxxxxx Vice President, Regulation and Rates 00 Xxxxx Xxxxxx, Mail Code B10C P.O. Box 770000 San Francisco, California 94177 Facsimile: (000) 000-000-0000 E-Mail: XXXXxxxxxx@xxx.xxx