CPUC Issues New Renewables Rulemaking Addressing SB 2X Implementation, RPS Changes, and Renewables Integration


On May 5, 2011, the California Public Utilities Commission (CPUC) issued a new Rulemaking 11-05-005 (RPS Rulemaking) to continue implementation and administration of the California Renewables Portfolio Standard (RPS) Program.

The RPS Rulemaking is intended to implement amendments to the RPS statutes associated with Senate Bill 2 of the 1st Extraordinary Session (SB 2X), which California Gov. Jerry Brown signed into law on April 12, 2011. SB 2X requires California retail electric providers to, among other matters, procure 33 percent of their retail energy sales from eligible renewable sources by 2020. An earlier DWT advisory summarized SB 2X and can be found here.

As previously reported, certain provisions of SB 2X require the CPUC to transform the statutory language into workable and ideally unambiguous rules—the RPS Rulemaking appears to be the primary forum for interested parties to participate in this process. The RPS Rulemaking covers a broad range of issues, each of which will have far-reaching implications for future compliance with, and participation in, California’s RPS Program.

For these reasons, load serving entities and energy developers (both in-state and out-of-state), should strongly consider at least some level of participation in the RPS Rulemaking.

This advisory summarizes (a) three broad issues to be addressed in the RPS Rulemaking, (b) the schedule for implementation, and (c) how to participate.

The issues to be addressed in the RPS Rulemaking include, (but are not limited to):

Implementation of SB 2X

1. Defining the “Three Bucket” procurement structure

As previously described in our SB 2X advisory, SB 2X establishes a structure under which a certain percentage of renewable energy will be procured from three different “buckets” of RPS eligible resources, including (1) in-state or in-state equivalent products, (2) unbundled renewable energy credits (RECs), and (3) “firmed and shaped products that provide incremental power.”

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Davis Wright Tremaine LLP | Attorney Advertising

Written by:


Davis Wright Tremaine LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.