BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ) ) ) ) ) ) ) )

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1 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E for a Certificate of Public Convenience and Necessity for the West of Devers Upgrade Project and for an Interim Decision Approving the Proposed Transaction Between Southern California Edison Company and Morongo Transmission LLC. A (Filed October 25, 2013 SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E AND THE CALIFORNIA INDEPENDENT SYSTEM OPERATOR S NOTICE OF EX PARTE COMMUNICATION JORDAN PINJUV BETH GAYLORD Attorney for REBECCA AUSTIN FURMAN GARY CHEN THE CALIFORNIA INDEPENDENT Attorneys for SYSTEM OPERATOR 250 Outcropping Way SOUTHERN CALIFORNIA EDISON Folsom, California COMPANY Telephone: ( Walnut Grove Avenue Facsimile: ( Post Office Box 800 jpinjuv@caiso.com Rosemead, California Telephone: ( Facsimile: ( rebecca.furman@sce.com Dated: January 29, 2016

2 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E for a Certificate of Public Convenience and Necessity for the West of Devers Upgrade Project and for an Interim Decision Approving the Proposed Transaction Between Southern California Edison Company and Morongo Transmission LLC. A (Filed October 25, 2013 SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E AND THE CALIFORNIA INDEPENDENT SYSTEM OPERATOR S NOTICE OF EX PARTE COMMUNICATION Pursuant to Rule 8.3 of the California Public Utilities Commission (CPUC or Commission Rules of Practice and Procedure, Southern California Edison Company (SCE and the California Independent System Operator (CAISO hereby gives notice of their ex parte communications. On January 27, 2016, the CAISO and SCE conducted three meetings with the following individuals: (1 Commissioner Carla J. Peterman (9:00 a.m. to 9:30 a.m., (2 Commissioner Liane M. Randolph, Rachel Peterson, Leuwam Tesfai, Sean Simon (advisors to Commissioner Randolph (1:00 p.m. to 1:20 p.m.; and (3 Commissioner Mike Florio and Matthew Tisdale (advisor to Commissioner Florio (2:00 p.m. to 2:35 p.m.. The meetings were conducted in person at the CPUC Building, located at 505 Van Ness, San Francisco, California. A copy of the presentation is attached hereto as Attachment A. In attendance from SCE was Pedro Pizarro, President, Laura Genao, Director, CPUC Regulatory Affairs and Ryan Stevenson, Principal Advisor, Regulatory Affairs Infrastructure Licensing. In attendance from the CAISO was Stephen Berberich, President and Chief Executive Officer and Keith E Casey, Vice President of Market and Infrastructure Development

3 During the meetings, SCE updated the participants regarding the status of the West of Devers Upgrade Project (WOD Upgrade Project or Proposed Project proceeding. SCE expressed concerns with the Final Environmental Impact Report (FEIR issued by the CPUC, including concerns about the reduced capacity of the Phased Build Alternative and the increased environmental impacts of construction of multiple phases of the Phased Build Alternative. SCE also discussed the importance of the agreements with the Morongo Tribe and Morongo Transmission and how if either the Proposed Transaction or the Proposed Project is not approved that the Morongo Tribe have the contractual right to terminate the 50-year right-of-way agreement. SCE also informed the CPUC that it would seek an alternate decision approving SCE s Proposed Project if the Proposed Decision approved the Phased Build Alternative. The CAISO explained how the Phased Build Alternative as identified in the FEIR did not take into account the renewable portfolios provided by the CPUC to the CAISO and expressed concerns with the reduced capacity of the Phased Build Alternative to meet the State s clean energy goals. The CAISO also discussed how retroactively changing the renewable portfolios provided by the CPUC would result in stakeholder uncertainty and could potentially chill development of new resources. Additionally, after the conclusion of the meeting with Commissioner Randolph and her advisors, SCE had an ex parte communication with Rachel Peterson (advisor to Commissioner Randoph (1:40 p.m. to 1:43 p.m.. Laura Genao and Ryan Stevenson from SCE telephoned Ms. Peterson to correct a statement that the Phased Build Alternative would require a minimum wire stringing angle of 3:1 whereas the Proposed Project would require a minimum wire stringing angle of 2:1, as opposed to a disturbance impact of 3:1 for the Phased Build Alternative

4 Respectfully submitted, REBECCA AUSTIN FURMAN /s/ Rebecca Austin Furman By: Rebecca Austin Furman Attorney for SOUTHERN CALIFORNIA EDISON COMPANY AND 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California Telephone: ( Facsimile: ( JORDAN PINJUV /s/ Jordan Pinjuv By: Jordan Pinjuv Attorney for THE CALIFORNIA INDEPENDENT SYSTEM OPERATOR 250 Outcropping Way Folsom, California Telephone: ( Facsimile: ( Dated: January 29,

5 Attachment A

6 SM West of Devers Upgrade Project Briefing Document January 2016

7 SM Summary Proposed Project is needed to interconnect and provide deliverability to renewable generation to meet the State s clean energy goals Approval of the Proposed Transaction is critical for the continued use of the existing facilities and construction of the Proposed Project across the Morongo Reservation Energy Division s FEIR finds a Phased Build Alternative (PBA that utilizes a portion of the existing 220 kv structures and a composite core conductor with lower capacity as environmental preferred Proposed Project is supported by all parties to the proceeding except ORA which proposed the application be dismissed and the project restudied SCE asks the CPUC to reject ORA s recommendation and the FEIR s PBA and approve the Proposed Project 2

8 SM FEIR Conclusion is Based on Incorrect Assumptions FEIR concludes a smaller project is justified based on the establishment of a minimum targeted capability / deliverability level FEIR methodology used to assess need for the project was inadequate Did not use the Commission-developed renewable portfolios relied upon in CAISO s transmission planning process Inappropriately applied a Reliability base case to assess RPS and Deliverability needs Failed to analyze the future phase of the PBA despite concluding a future 500 kv T/L in the WOD corridor is foreseeable PBA lacks scope definition, is more difficult to build, has environmental impacts that were not adequately analyzed or were dismissed in the FEIR and certain elements cannot be constructed without multiple line outages PBA has critical flaws including lower transfer capability / deliverability, inability to meet the State s clean energy goals, and ultimately higher environmental impacts and costs when compared to the Proposed Project 3

9 SM SCE s Proposed Project is Superior than the PBA Proposed Project provides greater transfer capability / deliverability Proposed Project reduces environmental impacts by providing for a single coordinated construction effort versus remobilizing construction efforts multiple times over subsequent phases Proposed Project best positions the State to meet the increased 50% RPS goals and increased GHG reduction goals Proposed Project provides for the earliest in service date; PBA would delay the in-service date by at least 12 months Proposed Project limits double-line outages to less than 24 hours in duration whereas PBA would require multiple-line outages of up to 6 months in duration resulting in generator curtailment and economic loss 4

10 SM Proposed Project is More Cost Effective Description Proposed Project Phased Build Alternative (Phase 1 Phased Build Alternative (Phase 2 Phased Build Alternative (Phase 1 & 2 Construction Cost (Constant 2015$ millions 1 $992 $887 $726 $1,613 In Service Date / 2029 Level of Engineering Detailed Preliminary / Preliminary / Preliminary / Conceptual Conceptual Conceptual Incremental Transfer Capability (MW 3,200 1,400 1,800 3,200 Present Value of Revenue Requirements (Nominal $ $975 $907 $304 $1,211 millions PVRR / MW (Nominal $ $304,688 $647,857 $168,889 $378,438 1 PBA estimated construction cost only includes 15% contingency (same as Proposed Project. SCE requests a 10% adder to the Maximum Cost if the PBA is selected due to conceptual design information. 2 FEIR identification of 2024/2025 as the possible period when a subsequent phase ( Phase 2 of the PBA may be needed to be in service is not feasible per regulatory and construction constraints. 5

11 SM In Conclusion, SCE Asks the Commission to: Approve the Proposed Project and find the FEIR s PBA infeasible on policy, regulatory, economic, environmental and legal grounds Approve the Proposed Transaction to allow tribal investment and facilitate SCE s continued use of the transmission ROW that traverses the Morongo Reservation If the FEIR s PBA is adopted, Morongo have a right to terminate the ROW Agreement Reject ORA s suggestion to start over FEIR properly rejects the No Project Alternative 6

12 SM Back Up 7

13 SM Project Map Current WOD Scope (Proposed Project: Transmission: Tear down and rebuild ~181 circuit miles of existing 220 kv T/L facilities (~ 48 corridor miles, including seven 220 kv lines: Devers-Vista #1 and #2, Devers-San Bernardino #1, Devers-El Casco, El Casco-San Bernardino, and portions of San Bernardino-Vista and San Bernardino-Etiwanda Other: Upgrade telecom, substations, and property rights along existing WOD corridor Morongo: New southern WOD 220 kv corridor per Morongo ROW Agreement 8

14 SM Purpose and Need Existing facilities in the WOD corridor are fully subscribed Proposed Project will increase transfer capability from 1,600 MW to 4,800 MW CAISO 2010 studies first identified that the WOD Upgrade Project was required for renewable resources in eastern Riverside County to achieve Full Capacity Deliverability Status 6,090 MW currently in Queue Facilitate compliance with CA RPS goals Since the transmission planning cycle, each TPP has confirmed the WOD Upgrade Project as a policy-driven project to support the 33% RPS goal 50% RPS goal further accentuates the Need for the Proposed Project Provide sufficient downstream transfer capability to enable CAISO to increase the Maximum Import Capability from the Imperial Irrigation District s area Comply with NERC, WECC and CAISO transmission reliability planning standards Support CA GHG reduction program, Federal energy renewable goals, Desert Renewable Energy Conservation Plan and CA Energy Commission Integrated Energy Policy Report goals Support power flow increase associated with the Delaney-Colorado River 500 kv Transmission Project 9

15 SM SCE-Morongo Agreements ROW 50-year Grant of Easement between SCE and Morongo for existing and upgraded electric/telecommunication facilities $6.5M per year, $500K increase every 5 years DOI Approved in Dec Subject to termination by Morongo if Proposed Transaction is not approved by FERC and CPUC DCA Provides Morongo Transmission with an option to lease a portion of the transfer capability of the WOD Upgrade Project s transmission facilities Investment option up to $400 million or 50% of estimated transmission cost Transmission lease option comes available at time of commercial operation (2020 Morongo Transmission to become Participating Transmission Owner (PTO and dedicate transfer capability to CAISO FERC approved joint 203 application in Sept FERC approved Morongo Transmission s hypothetical capital structure and 30-year levelized fixed rate of recovery of capital requirements request in Aug Proposed Transaction Lease 30-year lease of a portion of the transfer capability SCE owns and maintains the assets Morongo Transmission to pay its proportionate share of operating costs 10

16 SM Milestone Status Completed Milestones: Oct CPCN Application Filed at CPUC Mar Plan of Development submitted to BLM July 2014 CPUC and BLM Scoping processes completed Aug Refined Engineering completed Mar CPCN Pre-hearing Conference completed Aug Draft EIR/EIS issued Nov./Dec CPCN Hearings completed Dec FEIR issued Jan CPCN Opening Briefs Upcoming Milestones: Jan CPCN Reply Briefs Q1/Q FEIS issued Q1/Q CPCN ALJ Proposed Decision Q CPCN Final Decision Q3/Q USFW Biological Opinion (Per selection of the Proposed Project Q BLM ROD (Per selection of the Proposed Project Q1/Q Construction start (Per selection of Proposed Project Q In-Service (Per selection of Proposed Project 11

17 BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E for a Certificate of Public Convenience and Necessity for the West of Devers Upgrade Project and for an Interim Decision Approving the Proposed Transaction Between Southern California Edison Company and Morongo Transmission LLC. A (Filed October 25, 2013 CERTIFICATE OF SERVICE I hereby certify that, pursuant to the Commission s Rules of Practice and Procedure, I have this day served a true copy of SOUTHERN CALIFORNIA EDISON COMPANY (U 338-E AND THE CALINFORIA INDEPENDENT SYSTEM OPERATOR S NOTICE OF EX PARTE COMMUNICATION on all parties identified on the attached service list(s A Service was effected by one or more means indicated below: Transmitting the copies via to all parties who have provided an address. Placing the copies in sealed envelopes and causing such envelopes to be delivered by hand or by overnight courier to the offices of the Commissioner(s or other addressee(s. ALJ Hallie Yacknin CPUC, Div. of ALJ s 505 Van Ness Ave., Room 5115 San Francisco, CA Executed this 29 th day of January, 2016, at Rosemead, California. /s/ Jorge Martinez Jorge Martinez, Legal Administrative Assistant SOUTHERN CALIFORNIA EDISON COMPANY 2244 Walnut Grove Avenue Post Office Box 800 Rosemead, California 91770

18 CPUC - Service Lists - A Page 1 of 4 1/29/2016 CPUC Home CALIFORNIA PUBLIC UTILITIES COMMISSION Service Lists PROCEEDING: A EDISON - FOR A CERT FILER: SOUTHERN CALIFORNIA EDISON COMPANY LIST NAME: LIST LAST CHANGED: JANUARY 22, 2016 DOWNLOAD THE COMMA-DELIMITED FILE ABOUT COMMA-DELIMITED FILES Back to Service Lists Index Parties LAURA RENGER CLEVELAND LEE ATTORNEY CALIF PUBLIC UTILITIES COMMISSION SOUTHERN CALIFORNIA EDISON COMPANY LEGAL DIVISION 2244 WALNUT GROVE AVE., PO BOX 800 ROOM 5122 ROSEMEAD, CA VAN NESS AVENUE FOR: SOUTHERN CALIFORNIA EDISON COMPANY SAN FRANCISCO, CA FOR: ORA LISA A. COTTLE JORDAN PINJUV ATTORNEY AT LAW COUNSEL WINSTON & STRAWN LLP CALIFORNIA INDEPENDENT SYSTEM OPERATOR 101 CALIFORNIA STREET 250 OUTCROPPING WAY SAN FRANCISCO, CA FOLSOM, CA FOR: NEXTERA ENERGY RESOURCES, LLC FOR: CALIFORNIA INDEPENDENT SYSTEM OPERATOR CORPORATION (CAISO VIRINDER SINGH DIR. - REG. & LEGISLATIVE. AFFAIRS EDF RENEWABLE ENERGY, INC SW BROADWAY, STE PORTLAND, OR FOR: EDF RENEWABLE ENERGY, INC. Information Only

19 CPUC - Service Lists - A Page 2 of 4 1/29/2016 RACHEL GOLD UDI HELMAN POLICY DIRECTOR HELMAN ANALYTICS LARGE-SCALE SOLAR ASSOCIATION ONLY ONLY ONLY, CA ONLY, CA JIM KOBUS AMIE JAMIESON RESEARCH SR. ATTORNEY MORGAN STANLEY NEXTERA ENERGY REOSURCES, LLC 1585 BROADWAY, 38TH FLOOR 700 UNIVERSE BLVD., LAW/JB NEW YORK, NY JUNO BEACH, CA LUIS ALBERTO GARCIA ALONSO JEFF SALAZAR ABENGOA SOLAR LLC SOUTHERN CALIFORNIA GAS COMPANY 1250 SIMMS ST., UNIT W. FIFTH STREET, GT14D6 LAKEWOOD, CO LOS ANGELES, CA STEVEN HRUBY GREGORY KLATT SOUTHERN CALIFORNIA GAS COMPANY ATTORNEY 555 W. FIFTH ST., GT14D6 DOUGLASS & LIDDELL LOS ANGELES, CA E. HUNTINGTON DRIVE, STE ARCADIA, CA CASE ADMINISTRATION REBECCA FURMAN SOUTHERN CALIFORNIA EDISON COMPANY SENIOR ATTORNEY 2244 WALNUT GROVE AVE. / PO BOX 800 SOUTHERN CALIFORNIA EDISON COMPANY ROSEMEAD, CA WALNUT GROVE AVE./PO BOX 800 ROSEMEAD, CA MARC T. CAMPOPIANO AUSTIN M. YANG LATHAM & WATKINS LLP DEPUTY CITY ATTORNEY 650 TOWN CENTER DRIVE, 20TH FLOOR CITY AND COUNTY OF SAN FRANCISCO COSTA MESA, CA OFFICE OF CITY ATTORNEY DENNIS J.HERRERA 1 DR. CARLTON B. GOODLETT PL, RM 234 SAN FRANCISCO, CA MATTHEW FREEDMAN SUSAN V. LEE STAFF ATTORNEY VP THE UTILITY REFORM NETWORK ASPEN ENVIRONMENTAL GROUP 785 MARKET STREET, 14TH FL 235 MONTGOMERY STREET, SUITE 935 SAN FRANCISCO, CA SAN FRANCISCO, CA F. JACKSON STODDARD JOHN L. CLARK ATTORNEY ATTORNEY AT LAW CROWELL & MORING, LLP GOODIN, MACBRIDE, SQUERI & DAY LLP 275 BATTERY STREET, 23RD FL. 505 SANSOME STREET, SUITE 900 SAN FRANCISCO, CA SAN FRANCISCO, CA JOHN MCINTYRE MICHAEL DAY ATTORNEY GOODIN MACBRIDE SQUERI & DAY LLP GOODIN, MACBRIDE, SQUERI & DAY, LLP 505 SANSOME STREET, STE SANSOME ST., STE. 900 SAN FRANCISCO, CA SAN FRANCISCO, CA FOR: PALEN SOLAR HOLDINGS FOR: PALEN SOLAR HOLDINGS, LLC

20 CPUC - Service Lists - A Page 3 of 4 1/29/2016 NANCY SARACINO NANCY SARACINO ATTORNEY CROWELL & MORING CROWELL & MORING LLP 275 BATTERY STREET, 23RD FLOOR 275 BATTERY ST., 23RD FL. SAN FRANCISCO, CA SAN FRANCISCO, CA CALIFORNIA ENERGY MARKETS MEGAN M. MYERS 425 DIVISADERO ST STE 303 ATTORNEY SAN FRANCISCO, CA LAW OFFICES OF SARA STECK MYERS TH AVENUE SAN FRANCISCO, CA WILLIAM PETER ALEXEY ORKIN PACIFIC GAS AND ELECTRIC COMPANY FLYNN RESOURCE CONSULTANTS INC. 77 BELAE STREET, MC B25J 5440 EDGEVIEW DRIVE SAN FRANCISCO, CA DISCOVERY BAY, CA BARRY R. FLYNN PUSHKAR G. WAGLE FLYNN RESOURCE CONSULTANTS, INC. SENIOR CONSULTANT 5440 EDGEVIEW DRIVE FLYNN RESOURCE CONSULTANTS INC. DISCOVERY BAY, CA EDGEVIEW DRIVE DISCOVERY BAY, CA KERRY HATTEVIK MATT STUCKY REG. DIR.- WEST GOVERNMENTAL AFFAIRS ABENGOA SOLAR NEXT ERA ENERGY RESOURCES LLC 1 KAISER PLAZA,SUITE ARLINGTON BLVD. OAKLAND, CA EL CERRITO, CA TANDY MCMANNES TIMOTHY MCMAHON ABENGOA SOLAR LLC ABENGOA SOLAR LLC THE ORDWAY BUILDING THE ORDWAY BUILDING 1 KAISER PLAZA, SUITE KAISER PLAZA, STE OAKLAND, CA OAKLAND, CA JAMES CALDWELL MITCHELL J. FORD 1650 E NAPA STREET CALIFORNIA ISO SONOMA, CA OUTCROPPING WAY FOLSOM, CA CATHERINE HACKNEY SOUTHERN CALIFORNIA EDISON COMPANY 1201 K STREET, SUITE 1810 SACRAMENTO, CA State Service CHRISTOPHER MYERS CALIFORNIA PUBLIC UTILITIES COMMISSION OFFICE OF RATEPAYER ADVOCATES CONNIE CHEN CALIFORNIA PUBLIC UTILITIES COMMISSION DRA

21 CPUC - Service Lists - A Page 4 of 4 1/29/2016 ONLY ONLY ONLY, CA ONLY, CA GREGORY HEIDEN NOEL OBIORA STAFF COUNSEL ATTORNEY CALIFORNIA PUBLIC UTILITIES COMMISSION CPUC ONLY ONLY ONLY, CA ONLY, CA RACHEL PETERSON BILLIE C. BLANCHARD CHIEF OF STAFF TO COMM. LIANE RANDOLPH CALIF PUBLIC UTILITIES COMMISSION CPUC - ENERGY INFRASTRUCTURE PLANNING AND PERMITTING B ONLY AREA 4-A ONLY, CA VAN NESS AVENUE SAN FRANCISCO, CA CHLOE LUKINS HALLIE YACKNIN CALIF PUBLIC UTILITIES COMMISSION CALIF PUBLIC UTILITIES COMMISSION ENERGY SAFETY & INFRASTRUCTURE BRANCH DIVISION OF ADMINISTRATIVE LAW JUDGES ROOM 4102 ROOM VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA JOSEPH A. ABHULIMEN XIAO SELENA HUANG CALIF PUBLIC UTILITIES COMMISSION CALIF PUBLIC UTILITIES COMMISSION ENERGY SAFETY & INFRASTRUCTURE BRANCH COMMUNICATIONS DIVISION ROOM 4209 ROOM 3-D 505 VAN NESS AVENUE 505 VAN NESS AVENUE SAN FRANCISCO, CA SAN FRANCISCO, CA TOP OF PAGE BACK TO INDEX OF SERVICE LISTS