Details for: 3808-E-A (Part 1 of 1).pdf

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Gary A. Stern, Ph.D.
Managing Director, State Regulatory Operations

August 6, 2018
(U 338-E)
Supplement to Advice 3808-E, Southern California Edison
Company’s Proposed Modifications to Rule 18, Supply to
Separate Premises and Use by Others


Southern California Edison Company (SCE) hereby submits the following supplement to
Advice 3808-E.
This supplement is made at the request of the California Public Utilities Commission’s
(Commission or CPUC) Energy Division to address the authority under which SCE
seeks approval for the proposed tariff modification by submitting an advice letter. SCE’s
proposed changes are made in accordance with General Order (GO) 96-B, General
Rules 7.5.1, which authorizes utilities to make additional changes to an advice letter
through the submittal of a supplemental advice letter.
This advice letter partially supplements but does not change the substance of SCE’s
original Advice 3808-E.
SCE submitted Advice 3808-E on May 24, 2018 to propose a modification to SCE’s
Rule 18. SCE proposed to add an exception under Rule 18, Section C, that would allow
government agencies to use the electricity they receive from SCE to supply electricity to
customers located at adjoining Premises to conduct emergency and/or critical
operations during an outage beyond SCE’s control.
On June 12, 2018, the City of Long Beach acting by and through its Board of Harbor
Commissioners (Port of Long Beach) submitted comments requesting the Commission
to approve SCE’s proposed modification to Rule 18. While no protest was received, the
Energy Division suspended Advice 3808-E on June 24, 2018 for further staff review.

P.O. Box 800

8631 Rush Street

Rosemead, California 91770

(626) 302-9645

Fax (626) 302-6396


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ADVICE 3808-E-A (U 338-E) -2- August 6, 2018 On July 24, 2018, the Energy Division ordered SCE to submit a supplement to Advice 3808-E and provide additional information to address the authority under which SCE seeks approval or provide citations to a decision or other Commission action allowing the submittal of this advice letter. Specifically, the Energy Division asked to address the following: 1. Provide the Commission decision or other action providing authority for the Advice Letter. 2. Explain why such authority allows the requested change by Advice Letter and not an application. Address case law or other authority that allows this by Advice Letter. 3. If not already provided, cite prior decisions or resolutions relevant to the request. DISCUSSION The Proposed Modification to Rule 18 is Voluntary and Not Mandated by a Commission Order or Action SCE’s submittal of Advice 3808-E with the proposed modification to Rule 18 is not driven by a Commission decision or order. Instead, after careful consideration, SCE submitted Advice 3808-E to create flexibility with regards to the tariff provision prohibiting a customer to use the energy received from SCE to supply another customer provided that both customers meet the conditions to qualify for the exception as set forth by SCE in Advice 3808-E. As mentioned in SCE’s Advice 3808-E, the Port of Long Beach’s demonstration project gave rise to the exception and SCE believes it is a good public policy to extend the authority to similarly situated government agencies performing emergency and/or critical operations. As part of its business practice and when deemed necessary, SCE has sought Commission approval to modify its tariffs through an advice letter process due to operational needs, changes in business practices, experiences gained in the application of the tariffs, and/or to accommodate reasonable customer requests. In fact, various historical Commission-approved changes to SCE’s tariffs have been made absent of Commission decisions or orders. These changes range from simple textual changes to an addition of an entire tariff section. As an example, SCE submitted Advice 1294-E-A with revisions to Rule 18 by adding Section B, Nondomestic Loads.1 The addition of Section B to Rule 18 allowed SCE to provide master-metering for certain non-residential installation when individual metering is impractical or when it is technically infeasible, due to safety issues, the configuration of electrical facilities, access to these facilities, and voltage drop considerations. 1 Advice 1294-E-A was approved by the Commission on December 10, 2003 with an Effective date of January 31, 2000.
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ADVICE 3808-E-A (U 338-E) -3- August 6, 2018 Another example is Advice 3594-E where SCE added Section H.2.f to Rule 2.2 The addition of Section H.2.f to Rule 2 eliminated the requirement for asset revaluation when Added Facilities customers decide to renew their Added facilities Agreement after the expiration of the 20-year replacement term. SCE also made the corresponding changes to the Added Facilities Agreements (Forms 16-308 and 16-309) as part of Advice 3594-E.3 The Proposed Modification to Rule 18 is Appropriate via the Advice Letter Process Instead of an Application General Order (GO) 96-B, General Rule 5.1: Matters Appropriate to Advice Letters, provides that the advice letter process is appropriate when the utility’s request is neither controversial nor raises important policy questions. Furthermore, it provides that “the primary use of the advice letter process is to review a utility’s request to change its tariffs in a manner previously authorized by statute or Commission order, to conform the tariffs to the requirements of a statute or Commission order, or to get Commission authorization to deviate from its tariffs.” Conversely, GO 96-B, General Rule 5.2: Matters Appropriate to Formal Proceeding, provides that a utility must file an application if “(1) the utility requests modification of a decision issued in a formal proceeding or otherwise seeks relief that the Commission can grant only after holding an evidentiary hearing, or by decision rendered in a formal proceeding; (2) the utility seeks Commission approval of a proposed action that the utility has not been authorized, by statute, by this General Order, or by other Commission order to seek by advice letter; or (3) the utility seeks to challenge a Commission resolution addressing an advice letter submitted by the utility.” In the case of Wood v. Public Utilities Commission, 4 Cal. 3d 288, 292-93 (1971), the court noted that pursuant to GO 96-A,4 the Commission “may accept a showing” in an advice letter “provided justification is fully set forth therein, without the necessity of formal application” (emphasis added). SCE’s request for Commission’s approval of the proposed modification to Rule 18 is consistent with the authority allowed under GO 96-B, General Rule 5.1. Furthermore, it is consistent with prior tariff revisions that SCE requested via the advice letter process, in which the Commission ultimately approved as discussed above. The tariff language included in Section C of the tariff has been in existence since Rule 18 was established in 1956 via Advice 255-E.5 SCE is not seeking modifications to a Commission decision, resolution or statute. The proposed modification will not result in an increase in rates or 2 3 4 5 Advice 3594-E was approved by the Commission on May 18, 2017 with an effective date of May 23, 2017. SCE can provide additional references to similar Commission-approved tariff revisions via the advice letter process, if necessary. GO 96-A was superseded by GO 96-B in Decision 07-01-024 on January 25, 2007. Prior to 1956, when all of SCE’s Rules were consolidated and simplified via Advice 255-E, Rule 18 was formerly known as Rule 24.
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ADVICE 3808-E-A (U 338-E) -4- August 6, 2018 harm SCE’s other customers and the change would not result in any appreciable revenue impact given its limited availability for use. Furthermore, the proposed modification has not been opposed by any other party. For these reasons, SCE believes the advice letter process is the appropriate regulatory path to request for Commission approval of the proposed modification to Rule 18. TIER DESIGNATION Pursuant to General Order (GO) 96-B, Energy Industry Rule 5.2, this advice letter is submitted with a Tier 2 designation, which is the same Tier designation as the original Advice 3808-E. EFFECTIVE DATE This supplemental advice filing will become effective on the same day as the original Advice 3808-E, which is June 23, 2018. PROTESTS SCE asks that the Commission, pursuant to GO 96-B, General Rules 7.5.1, maintain the original protest and comment period designated in Advice 3808-E and not reopen the protest period. The information included within this supplemental advice letter does not make substantive changes that would affect the overall evaluation of the Advice Letter. NOTICE In accordance with General Rule 4 of GO 96-B, SCE is serving copies of this advice letter to the interested parties shown on the attached GO 96-B service list. Address change requests to the GO 96-B service list should be directed by electronic mail to or at (626) 302-3719. For changes to all other service lists, please contact the Commission’s Process Office at (415) 703-2021 or by electronic mail at Further, in accordance with Public Utilities Code Section 491, notice to the public is hereby given by submitting and keeping the advice letter at SCE’s corporate headquarters. To view other SCE advice letters submitted with the Commission, log on to SCE’s web site at
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ADVICE 3808-E-A (U 338-E) -5- August 6, 2018 For questions, please contact Shiela Linao at (626) 302-4506 or by electronic mail at Southern California Edison Company /s/ Gary A. Stern Gary A. Stern, Ph.D. GAS:sl:cm Enclosures
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CALIFORNIA PUBLIC UTILITIES COMMISSION ADVICE LETTER SUMMARY ENERGY UTILITY MUST BE COMPLETED BY UTILITY (Attach additional pages as needed) Company name/CPUC Utility No.: Southern California Edison Company (U 338-E) Utility type: Contact Person: Darrah Morgan  ELC  GAS  PLC  HEAT Phone #: (626) 302-2086  WATER E-mail: E-mail Disposition Notice to: EXPLANATION OF UTILITY TYPE ELC = Electric PLC = Pipeline GAS = Gas HEAT = Heat Advice Letter (AL) #: Subject of AL: (Date Submitted/ Received Stamp by CPUC) WATER = Water 3808-E-A Tier Designation: 2 Supplement to Advice 3808-E, Southern California Edison Company’s Proposed Modifications to Rule 18, Supply to Separate Premises and Use by Others Keywords (choose from CPUC listing): Rules 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  No If 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: 6/23/18 No. of tariff sheets: -0- 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: None Service affected and changes proposed1: Pending advice letters that revise the same tariff sheets: 1 Discuss in AL if more space is needed. None
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All correspondence regarding this AL shall be sent to: CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Avenue San Francisco, California 94102 E-mail: 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: Laura Genao Managing Director, State Regulatory Affairs c/o Karyn Gansecki Southern California Edison Company 601 Van Ness Avenue, Suite 2030 San Francisco, California 94102 Facsimile: (415) 929-5544 E-mail:
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