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Resolution No. 75281 2 3 4 6 a.*R RESOLUTION NO. 7528 A RESOLUTION OF THE CITY COUNC:_L OF THE CITY OF VERNON APPROVING AND RATIFYING THE EXECUTION OF THE OMPREHENSIVE GAS 011 SETTLEMENT AGREEMENT FOR SOUTHERN CALIFORNIA GAS COMPA117 AND SAN DIEGO GAS & ELECTRIC COMPANY IN CPUC DOCKS" NO. I.99-07-003 WHEREAS, in 1999 and 2000, the California Public Utilities Cor":risson ("CPUC") implemented and conducted the Natural Gas Re:=i:_uctU-ing Proceeding, CPUC Docket No. I. 99-07-003, resulting in dec:s_Dr.s providing for the restructuring3 of natural gas utility ope,_ations in California; and WHEREAS, beginning in July of 1999 and continuing up to the pre:=ent, 7arious parties, including, but: not limited to, the Southern California Gas Company ("SoCalGas"), San Diego Gas & Electric Company "SLG&E"! Pacific Gas & Electric Company, the Office of Ratepayer Advocates, TURN, Gas Marketers, Aggregators, Storage Services and the California Alliance for Competition ("CAC") group met to develop a comlrehensive proposal regarding natura__ gas restructuring; and WHEREAS, Vernon was an active member and supporter of the C'AC' cgr.oup's efforts in the development r= an alternative restructuring prc;;iosa1 -o r_hat initially submitted to .he CPUC by SoCalGas and sev—rai signatories; and WHEREAS, the CAC group was su(. essful in influencing the :ur ent restructuring proposal and achieving many of the aims in its al rnat:e proposal; and WHEREAS, the current. proposal itiill take the form of the C':�:mp e11--ensv.ve Gas 011 Settlement Agreement ( "Settlement Agreement") s-,ih7 tted 1:ere for consideration; and WHEREAS, the Settlement Agreement contains provisions fav�,-atle tc the City of Vernon, and the execution of the Settlement Agree=ment ,,sill be in the City's best interest; and WHEREAS, Vernon has been a participant in the extensive set, ement negotiations and desires and intends to enter into the Settlement Agreement to implement a new :et of arrangements that fac itatF Vernon's operating arrangements under the restructured nat.-ai was industry; and WHEREAS, on or about April 11, 2000, the CPUC ordered that t`Ze ett-ement Agreement be filed with i�:: by April 17, 2000, and 'therF,fore; it was necessary for the City Attorney's office to sign ;the )-ett:ement Agreement, subject to rat fication by the City Cour_ . i I NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF' VERNON AS FOLLOWS: SECTION 1: The City Council >f the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and orre(t . SECTION 2: The City Council )f the City of Vernon hereby apprves and ratifies the Settlement Agreement for SoCalGas and SDG&E 'in '',)UC' Docket No. I.99-07-003, a copy cf which has been presented to - 2 - 1 2 3 4 !: 5 6 7 8 9 :0 12 3 4 i a5 16 7 _8 I 0 i �1 Z2 ' __3 4 25 26 7 �8 , -ouncil concurrently with this _esolution, and the City C'o.rc i hereby orders said Settlement Ay=-eement to be received and fi,=d bt,: `_he City Clerk. SECTION 3: the City Council Of the City of Vernon hereby rattities ~he execution of the Settlement: Agreement by the City Att rne% "or, and on behalf of, the City of Vernon. SECTION 4: The City Clerk o_- the City of Vernon shall cer'ify t: the passage of this resolution and thereupon and rheieafter the same shall be in full force and effect. APPROVED AND ADOPTED this 18r_h day of April, 2000. ATT:- ST : BRUC'E V MALKENHORST, City Clerk LEONIS C. MALBURG, Mayor - 3 - 4 ID -7 0 OF " ALIFORNIA ss ll('()JN-'Y OF LOS ANGELES BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do herel-.v cei:t.ifv that the foregoing Resolution, being Resolution No. 752d was duly adopted by the City Council of the City of Vernon at a req_a7 meeting of the City Council duly held on Tuesday, April 18, was duly signed by '::he Mayor of the City of 'er- 13RI-'CE V. MALKENHORST, City Clerk - 4 - [draft - 4110/00] CPUC Promising Gas Options L 99-07-00.:3 Comprehensive Gas OII Settlement Agreement For Southern California Gas Company And San Diego Gas & Electric Company April 17, 2000 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Rule 601 et sue. of the FERC Rules of Practice, [Rule 408 of the Federal Rules of Evidence, and Section 1152 of the CaLfornia Evidence Code CHIC Promising Gas Options d:99-07-003 Comprehensive Gas OII Settlement Agreement Table of Contents 1NTRODUC'TION........................................................................................ 1 It. PROVISIONS OF SETTLEMENT AGREEMENT ORGANIZED BY PROMISING OPTIONS LISTED IN APPENDIX C TO D.99-07-003 ..................7 1 INTRASTATE TRANSMISSION............................................................7 1 1 Create Firm Tradable Intrastate Transmiss,lon Rights .................................. 7 1 21 Establish a Secondary Market for Intrastate Transmission Capacity ......... 16 1 3 Place the Utility At Risk for Unused [Transmission] Resources ............... 18 1 4 Establish Hector Road as a Delivery Point c'n the SoCalGas System ........ 18 1 .5 Publish SoCa1Gas Windowing Criteria in Tariffs. [Includes Implementing 1-argeted Operational Flow Orders]....................................................................20 2 STORAGE...............................................................................................22 2.1 Create Firm, Tradable Storage Rights........................................................ 22 2.2 Establish a Secondary Market For Intrastate Storage Capacity ................. 24 2.3 Place the Utility At -Risk for Unused [Stomge] Resources ........................ 26 3. BAI.ANCING.............................................................................................27 1,1 Examine Structural Means For SoCalGas 'T o Provide Balancing Services Without Drawing On Core Assets...................................................................... 27 3.2 C'ost and Rate Separation for Balancing Services [Self -Balancing Option]28 1.3 Electronic Trading of Imbalances [Including Rights]................................32 4. HUB SERVICES......................................................................................37 4.1 Separate Utility Hub Services from Procurement Functions ..................... 37 CORE PROCUREMENT .......................... . 5.1 Re-examine Utility Role in Core Procurercicnt Once a Specified Competitor Market Share Has Been Achieved .................... ................................................. 38 5 Eliminate Core Aggregation Transportation Thresholds after Adoption of ('onsumer Protection Measures.......................................................................... 39 5.3 [ inbundle Utility Interstate Capacity Cost;. for Core Customers ............... 40 ') 4 1 jnbundle Utility Storage Costs for Core Customers [Served by CAT marketers] ... ............ ............... ........... ................................................................ 44 April 17 2000 Subject to Rule 51 of the CPUC Rules of P-actice and Procedure, Rule 601 et seq. of the FERC Rules of Practi :�, Rule 408 of the Federal Rules of Evidence, and Section 1152 of th< California Evidence Code CPUC Promising Gas Options j'.99-07-003 Comprehensive Gas OII Settlement Agreement Table of Contents (conjtinued 5.5 F;liminate Core Subscription Service..........................................................49 5.6 Separate Costs and Rates for Core Utility [Procurement] Services. Treat Utility Core Procurement Departments as Any Orher Utility Customer............ 50 6 INFORMATION........................................................................................ 51 6.1 Provide Real -Time, Customer -Specific Usage Data .................................. 51 6.2 Provide Details of Completed Transactions ............................................... 53 6.3 Establish a Secondary Market [Trading System] via a Utility Electronic BulletinBoard...................................................................................................54 6.4 Provide Pipeline Operator Demand Forecasts Broken Down By Customer (`lass................................................................................................................ 55 iREVENUE CYCLE SERVICES................................................................56 7.1 Provide for Competitive Metering Technologies ...................................... 56 7.2 Provide Competitive Billing Options to Customers Similar to Those Offered in the Electric Industry.......................................................................... 60 lI NO ISSUES REMAIN TO BE LITIGATED IN L99-07-003........................ 62 April 1- 2000 IT Subject to Rule 51 of the CPUC Rules of P,actice and Procedure, Rule 601 et sec. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPUC Promising Gas Options!. 99-07-003 Comprehensive Gas 011 Settlement Agreement For Southern California Gad Company And San Diego Gas & Electric Company 1. INTRODUCTION 1 l Purpose: The purpose of this Comprehensive Gas OIl Settlement Agreement for Southern California Gas Company ("SoCalGas") and San Diego Gas & Electric Company ("SDG&E") ("Settlement Agreement") is to address the most promising options and other issues presented in Investigation (I.)99-07-003. Specifically, the goal of this Settlement Agreement is to resolve all Sol;'a1Gas and SDG&E issues that would otherwise be litigated in 1.99-07-003. 1.2 Parties: This Settlement Agreement is entered into by the Settlement Parties ("Parties"), as identified by their attached signatures. Parties agree to actively support this Settlement Agreement in I.99-07-003 and to not oppose any provision of this Settlement Agreement in any regulatory, legislative or judicial forum. Parties agree that this Settlement Agreement is consistent with the provisions of AB 1421. 1.3 Background: In Decision (D.)99-07-015, the California Public Utilities Commission or "Commission") identified a number of promising options for continued restructuring of the California natural gas industry. These options were summarized in Appendix C of that decision. This Settlement Agreement uses the Appendix C notation for reference. 1.4 Commission Directive: In her ruling of February 8, 2000, Administrative Law Judge Andrea L. Biren directed parties to file a settlement of all or some of the issues in this docket as applied to SoCalGas and SDG&E by April 3, 2000. In the absence of a complete settlement, Parties were directed to fill; prepared testimony on all non -settled issues by April 17, 2000. j.5 Summary of Agreement and Conditions: This Settlement Agreement settles all of the issues raised by the most promising options tieing investigated in I.99-07-003. No issues require further litigation in this proceeding; for SoCalGas or SDG&E. This Settlement Agreement provides for certain issues to be the subject of an application to he filed by SoCalGas and SDG&E at a specified :ime after the approval of this Settlement Agreement. fhis Settlement Agreement is a negotiated compromise and is broadly supported by parties who are marketers, gas suppliers, shippers, wholesale and retail end -use customers, storage operators and regulatory representatives. Nothing contained herein shal l be deemed to constitute an admission or an acceptance by any party of any fact, principle, or position contained herein, except to the extent that Parties, by signing this Settlement Agreement. acknowledge that they pledge support for Commission approval and subsequent implementation of all these provisions_ l'a• ; t Subject to Rule 51 of the CPUC Rules of Practice and Procedure, t 1 2000 Rule 601 et sec. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ( 111_'( 'Pi-onusing Gas Options 1.99-07-003 Comprehensive Gas 01I Settlement Agreement This Settlement Agreement is to be treated as a complete package and not as a collection of separate agreements on discrete issUes or proceedings. To accommodate the interests of different parties on diverse issues, T.he Parties acknowledge that changes, concessions, or compromises by a party or parties in one section of this Settlement Agreement necessitated changes, con,. essions, or compromises by other parties in other sections. All Parties' obligations under this Settlement Agreement are conditioned upon the CPUC issuing a decision approving this Settlement Agreement without modification. If the CPUC modifies the Settlement Agreement, each party reserves the right to withdraw its support for the Settlement Agreement. 1.6 Cost Recovery: SoCalGas and SDG&E will be a',' lowed recovery in rates of the costs resulting from tills Settlement Agreement as follows: 1.6.1 SoCalGas Costs: SoCalGas is entitled to recover costs resulting from this Settlement Agreement as follows: 1.0.1.1 With respect to recovery of the costs of implementing Sections __[capacity -related items], SoCa1Gas is authorized by Commission approval of this Settlement Agreement to recover in rates an additional $2.0 million, plus related franchise fees and uncollectibles, per year from the effective date of this Settlement Agreement until the effective date of a Commission decision re-establishir;, SoCalGas' authorized margin after the expiration of the PBR period established for SoCalGas in D.97-07- 054. The $2.0 million per year will be prorated for any partial calendar year that this Settlement Agreement is in effect prior to the effective date of a re-established authorized margin for SoCalGas. The revenue requirement of $2.0 million shall be allocated among customer classes on an equal cents per therm basis, usin;� the Commission's most recently - adopted forecast throughput by customer class, and included in volumetric rates for bundled service. For the period from the effective date of this Settlement Agreement to the effectiveness of a new SoCalGas authorized margin, in addition to the $2.0 million annual amount described above, SoCalGas shall be entitled to retair. any pooling service fees, imbalance fees, net revenues from the sale or, .)iirchase of gas beyond tolerances provided under balancing rules, or portion of rights trading fees it is entitled to retain under agreements vrith third -party providers of trading platforms. However, if in any calendar year the total of $2.0 million per year (prorated for any partial year effectiveness) plus revenues from such fees and imbalance purchase/sales exceeds the actual revenue requirement associated with all implementation costs incurred by SoCalGas for such sections, SoCalGas shall refund in bundled volumetric rates on an equal cents per them basis the excess above $2.0 million (or prorated portion of $2.0 million for a partial calendar,,car). 2 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, 1lr i 1 00 I Rule 601 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, a A Section 1152 of the California Evidence Code C'P(1t , Pr-oniising Gas 01rtions 1.99-07-003 Comprehensive Gas OII Settlement Agreement SoCalGas shall be entitled to include the reasonably -incurred revenue requirement for performing the functions required by Sections _[capacity -related sections]_ of this Settlement Agreement in the period after the current SoCalGas PBR period in its authorized margin to be established in the proceeding applicable to the period after the current SoCalGas PBR period. No Party shall oppose SoCalGas' recovery of reasonably -incurred costs to perform such functions in the period after the current SoCalGas PBR period. In the proceeding to establish SoCalGas' authorized margin for the period aft°t its current PBR period, Parties may contest whether specific costs are reasonably incurred to perform the functions required by Sections _[capacity -related] of this Settlement Agreement and the Commission may disallow costs it finds are not reasonably -incurred to perform such functions. 1,0.1.2SoCalGas shall be entitled to recover the costs of implementing Sections [Core Interstate Capacity and Retail] of this Settlement Agreement, as follows: SoCalGas shall not be entitled to anv increase in its authorized margin for the period from the effective date of this Settlement Agreement until the effective date of a Commission decision re-establishing SoCalGas' authorized margin after the expiration of the PBR period established for SoCalGas in D.97-07-054, provided that if the Commission approves any fees or charges applicable to CAT marketers associated with automated direct access service requests, account management systems, utility consolidated billing, or the meter ownership/add-on pilot program, then SoCalGas may retain the revenues ;_venerated by those fees or charges prior to the effective date of a decision re; -establishing SoCalGas' authorized margin. For the period after the current SoCalGas PBR period, SoCalGas shall be entitled to include in rates effective with the next re-establishment of SoCalGas' authorized margin the revenue requirement associated with capital investments incurred as a result of Sections [Core Interstate Capacity and Retail]. No Party sha .l oppose SoCalGas' recovery in the period after the current SoCalGas PBR period of the revenue requirement associated with capital costs incurred to perform such functions. SoCalGas may request recovery in rates effective with the next re- establishment of SoCalGas' authorized margin of expenses for that period to be incurred as a result of Sections [Core Interstate Capacity and Retail], and Parties may oppose such recovery. P'I�'e Subject to Rule 51 Df the CPUC Rules of Practice and Procedure, Al)I I y 200 j Rule 601 et seg_ of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPU(Promising Gas Options I.99-07-003 Comprehensive Gas OII Settlement Agreement 1.6.2 SDG&E Costs: SDG&E will be allowed recovery in rates of the cost of implementing this Settlement Agreement as follows: 1.62.1 SDG&E shall not be entitled to any increase in authorized revenue requirement as a result of Sections _ -[capacity-related] for the period from the effective date of this Settlement Agreement until the effective date of a Commission decision re-establishing SDG&E's authorized revenue requirement after the expiration of the distribution PBR period established for SDG&E in D.99-05-030; provided, however, that if the Commission adopts and implements for SDG&E prior to the end of that period a firm, tradable intrastate transmission rights system on the SDG&E system or other measures related to gas transmission, storage or balancing beyond those required r)y this Settlement Agreement, SDG&E is not barred by this Settlern--nt Agreement from seeking recovery of additional costs. SDG&E shall be entitled to recover in the period after the current SDG&E distribution PBR period the reasonably -incurred revenue requirement for performing any functions made nece�sary by Sections _[capacity - related sections]_ of this Settlement Agreement. No Party shall oppose SDG&E's recovery of reasonably -incurred costs to perform such functions in the period after the current SDG�1..'H distribution PBR period. In the proceeding to establish SDG&E's authorized revenue requirement for the period after its current distribution 1113R period, Parties may contest whether specific costs are reasonably incurred because of Sections ----[capacity-related] of this SeU:lement Agreement and the Commission may disallow costs it i'Ads are not reasonably -incurred because of such Sections. 1.6.2.2 SDG&E shall be entitled to recover, of costs related to implementation of Sections _[Retail] as follows: SI)� &E shall not be entitled to any increase in its authorized revenue requirement for the period from the effective date of this Settlement Agreement until the effective date of a Commission decision re-establishirtg; SDG&E's authorized revenue requirement after the expiration of a-.e distribution PBR period established for SDG&E in D.99-05-030, provided that if the Commission approves any fees or charges applicable to C AT marketers associated with automated direct access service requests, account management systems, utility consolidated billing, or the rr,cter ownership/add-on pilot program, then SDG&E may retain the revenues generated by those fees or charges prior to the effective date of a decision re-establishing SDG&E's authorized revenue requirement. For the period after the current SDC_,&E distribution PBR period, SDG&E shall be entitled to include in rates effective with the next re-establishment of SDG&F's authorized revenue re,.luirement the revenue requirement Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Rule 601 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPC'(' Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement associated with capital investments incurred as a result of Sections [Core Interstate Capacity and Retail]. No Party shall oppose SDG&E's recovery in the period after the current SDG&.E distribution PBR period of the revenue requirement associated with capital costs incurred to perform such functions. SDG&E may request recovery in rates effective with the next re-establishment of SDG&E's authorized revenue requirement of expenses for that period to be incurred as a result of Sections [Core Interstate Capacity and Retail], and Parties may oppose such recovery. 1.6.3 If the Gas Industry Restructuring Memorandum Accounts ("GIRMAs") requested by SoCalGas (in Advice Letter 2895) and by SDG&E (in Advice Letter xxxx-G) have been approved by the Commission prior to its approval of this Settlement Agreement, those accounts shall be modified retroactively to their establishment to be consistent with the terms of this Settlement Agreement. If either or both of those advice letters have not been approved by the date this Settlement Agreement is approved, SoCalGas and/or SDG&E shall withdraw them in favor of tariff provisions specified by this Settlement Agreement. 1.7 Implementation and Term: In general, the effective date of this Settlement Agreement is the later of: (a) ninety (90) days after the issuance of a Commission decision approving it, or (b) October 1, 2000, However, the Settlement Agreement provides for later implementation dates for certain of its provisions. Any implementation dates later than the effective date of the Settlement Agreement are stated in specific sections of the Settlement Agreement and are summarized in the Implementation Schedule set forth in Section below. This Settlement Agreement terininates on August 31, 2006. In addition, the Settlement Agreement provides that ertain provisions shall terminate prior to August 31, 2006. Any termination date for a specific provision earlier than August 31, 2006, is stated in relevant specific sections of the ,1;,.,ttlement Agreement. 1.8 Post -Term Period: No later than October 31, 20M, SoCalGas shall file an application with the Commission proposing terms, conditions, and rate structures for transmission and storage services for all customer classes, to be effective as of September 1, 2006, after the term of this Settlement Agreement expires. SoCalGas shall enter into discussions with all interested persons regarding th-- subject matter of this application no later than the date of its filing. 1.9 Effect of this Settlement Agreement on Existing, Contracts for Service by SoCalGas and SDG&E: This Settlement Agreement does not by its own terms alter, modify, terminate or abrogate any contract for utility serv,e by SoCalGas or SDG&E entered into as of April 17, 2000, and that has been approved by the Commission. This Settlement Agreement does not alter the rights of l:arties to such contracts without the 1"II - c` Subject to Rule 5` of the CPUC Rules of Practice and Procedure, '001 t Rule 601 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPCC' Proiiusing Gas Options L99-07-003 Comirehensive Gas OII Settlement Agreement written consent of the parties to such contracts. SoGa1Gas and SDG&E shall not use this Settlement Agreement as a basis for altering, modifying, terminating or abrogating any such contract without the consent of the other party :o the contract. 1.10 Effect of Settlement Agreement on Prior Commission Decisions: This Settlement Agreement, once approved by the Commission, shall modify the terms of prior Commission decisions, including SoCalGas' PBR decision (D.97-07-054), only to the extent that the implementation of the terms of this Settlement Agreement require deviation from the terms of such prior Commission decisions. 1.11 Impact of Settlement Agreement on Allocation' between Core and Noncore Classes: It is the intention of the Parties that this Settlement Agreement, exclusive of the provisions of the Settlement Agreement regarding SoCalGas' Core Interstate Capacity inbundling, result in no significant cost shift between core and noncore customer classes. The provisions of this Settlement Agreement shall be interpreted by the Commission in a mariner consistent with this intention. 1.12 Prior Pending Settlements: SoCalGas, SDG&E. California Manufacturers Association, California Industrial Group, Indicated Producers (31id the members thereof), and Dynegy, Inc_ [possibly add more names if more parties to .interim sign Comprehensivelare signatories to a settlement filed on December 27, 1999, in 1.99-07-003 which refers to Itselfas the "Interim Settlement." This Settlement Agreement contains some terms that are different on some issues from the terms of the Interim Settlement for a portion of the teen of this Settlement Agreement, especially the adoption of the promising option of creating firm, tradable intrastate transmission rights on the SoCalGas system. Parties recognize that those Parties who were signatory to the Interim Settlement are subject as of the date of signature and filing of this Settlement Agreement to the obligations that they undertook by signing the Interim Settlement. To the extent that this Settlement Agreement is differs on specific issues from the Interim Settlement, the support of this Settlement Agreement by Parties who signed the Interim Settlement is conditional on the Commission finding the Interim Settlement not acceptable or on all parties to the Interim Settlement agreeing to the withdrawal of that settlement. hit+e 0 Subject to Rule 5" of the CPUC Rules of Practice and Procedure, �Eu tl 1 /. 2000 Rule 601 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CN,(' Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement II. PROVISIONS OF SETTLEMENT AGREEMENT ORGANIZED BY PROMISING OPTIONS LISTED IN APPENDIX C TO D.99-07-003 1. INTRASTATE TRANSMISSION 1.1 Create Firm Tradable Intrastate Transmission Rights 6.4.1 Summary of D.99-07-015: The Commission agrees that the creation of firm, tradable intrastate transmission rights for SoCalGas offers the hope of improving efficiency through value -based pricing, as Cavell as providing individual shippers with greater certainty as to their ability to move certain quantities of gas through the pipeline system. The Commission does not see the need to create such rights on the SDG&E system at this time. (pp. 12 -14, FoF I & 2, CoL 1, 2, S, Appendix C) 6.4.1 Current Status: Firm, tradable intrastate transmission rights do not currently exist on the SoCalGas or SDG&E systems 6.4.1 Resolution: This Settlement Agreement establishes a system of firm, tradable intrastate backbone transmission rights on the SoCalGas system, as described below. This Settlement Agreement does no: establish a system of firm, tradable intrastate transmission rights on any portion of SDG&E's gas transmission system. However, nothing in this Settlement Agreement prohibits the Commission from adopting a system of firm, tradable transmission rights on the SDG&E system during the term of this Serl ement Agreement. 1.1.3.1 General description: This Settlement Agreement establishes a system of firm, tradable intrastate transmissior. rights on the "backbone" transmission system of SoCalGas, elective October 1, 2001. Backbone transmission facilities are specifically listed in this Settlement Agreement. Transmission facilities downstream of backbone transmission facilities are designated as "local transmission". Backbone transmission rights are defined as the firm right to have SoCalGas receive gas at a specific receipt point and have SoCalGas redeliver the gas at any point of interconnection of its backbone transmission system with its local transmission system or distribution system. Backbone transmission rights are receipt point specific, not "path" specific as is the; case under PG&E's Gas Accord. All SoCalGas storage fields are defined as being directly connected with backbone transmission. Fine backl-)one rights holders may also nominate gas to be delivered off -system at arty other receipt point into the SoCalGas system, subject to terms and conditions provided below. This Settlement Agreement provides for the establis,iment of a specified quantity of firm backbone rights to be made availal le to the market for each receipt point. I�♦1 i' ' Subject to Rule 5' of the CPUC Rules of Practice and Procedure, \p i 1 - '(Nh1 Rule 601 et seg. of tree FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code i'P(_ �_` Pronusirtg Gas Options I.99-07-003 Comprehensive Gas OII Settlement Agreement_ Capacity from receipt points that may be available from day to day will be marketed by SoCalGas on an interruptible basis. The Settlement Agreement assigns to SoCalGas' Gas Acquisition Department specific quantities of firm backbone rights at. specific receipt points for use in serving core customers taking procurement service from SoCalGas, and provides a formula for the reduction of those assignments if the share of core market procurement shifts to C,A,T marketers. Firm backbone transmission rights not allocated to tiaCalGas' Gas Acquisition Department will be made available ir. a three -stage open season process. The first two stages, existing end -use and wholesale customers will be allowed to participate based on thei - historical requirements. Any creditworthy person will be allowed to participate in the third stage of the open season. In the stages participants may bid for a term anywhere from one year to the full remaining term o F this Settlement Agreement, but in the third stage, SoCalGas will offer at least 20% of the capacity not contracted for in the first two stages nor a term of one year only (to be offered again in subsequent annual open seasons). The annual revenue requirement of the SoCalGas backbone transmission system is quantified by this Settlement Agreement on art embedded cost basis, unbundled from bundled transportation rates, and recovered solely through revenues from contracts for backbone transmission service. The Settlement Agreement also provides for the manner of allocation of the local transmission revenue requirement between customer classes in bundled transportation rates. This Settlement Agreement establishes a "postage stamp" rate for backbone transmission capacity for all receipt points based on a specified system load factor, which is subject.o adjustment annual by the base rate PBR fonnula. In the open seasons, parties can bid either a straight fixed/variable ("SFV") rate design or a rate design that splits the postage stamp rate 50/50 between a reservation charge and a volumetric charge, but SFV bids are given priority in av✓arding rights. SoCalGas can market as -available and uncontracted firm rights and interruptible capacity at negotiated rates not to exceed 1209/of the SFV postage stamp rate. As provided in succeeding sections of this Settlement Agreement, holders of firm backbone transmission rights rr.ay trade (and then re -trade) them in a secondary market for any term and in any amount, and SoCalGas will be 100% at shareholder risk/reward fc:: the recovery of the embedded cost of its backbone transmission system from backbone transmission service contract revenues. 0.4.1.1 Definition, cost, and rates for unbundled backbone transmission facilities: The unbundled backbone transmission facilities consist of the numbered SoCalGas transmission lines and associated facilities listed in Appendix to this Settlement Agreement and as shown on the map included in that Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Alm! j , 1000 Rule 601 et sec. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, a A Section 1152 of the California Evidence Code C'P1 _' Promising Gas Options I.99-07-003 Comprehensive Gas OII Settlement Agreement-, appendix. For purposes of this Settlement Agreement and all other ratemaking during the term of this Settlement Agreement that must be consistent with its terms, the annual revenue requirement on an embedded cost basis for calendar year 2000 is stablished as $138.0 million for SoCalGas' entire transmission system, and as $73.7 million for the backbone transmission system. Trarismission fuel will be recovered from backbone transmission customers in an in -kind charge of 0.39% for volumes actually transported on the backbone system. The backbone transmission system embedded cost will escalate on January 1, 2001 and 2002 according to the annual indexing formula (inflation less productivity plus customer growth, with adjustment for any "Z factors") adopted by the Commission for SoCalGas' current base rate PBR in D.97-07-054. Effective January 1, 2003, and thereafter for the term of this Settlement Agreement, it will escalate by whatc ver Commission -adopted PBR or attrition formula generally applicable to SoCalGas' base rates is in effect at the time. The rate for firm backbone transmission service with respect to all receipt points is calculated using a system firm capacity of 3500 MMcfd, a load factor of 79%, and a. Btu content of gas of 1,016 Btu/mcf. The use of a firm system capacity oi' 3500 MMcfd (absent construction of additional capacity) and a 79% loac Factor shall remain fixed for the term of this Settlement Agreement, but the 1,016 Btu factor may be revised with Commission approval during the term of this Settlement Agreement to reflect more current operating conditions. The resulting firm backbone transmission rate using the cost for calendar year 2000 is a postage stamp rate of $.07191 per dth. This rate shall be segmented between a reservation charge per unit of capacity rights and a volumetric rate per unit of throughput on the basis of a Straight FixedNariable ("SFV") methodology. The expectation of the parties is that this segmentation shall place 95% or more of the $.07191 postage stamp rate in the reservation charge. All rates, rate designs, and ceilings on rates for backbone transmission service shall escalate consistently with the provisions stated above applicable to the annual revenue requirement associated with total transmission and backbone transmission. 6.4.1.2 Definition of Recent Point Capacities and Rights: Backbone transmission rights are defined with respect to the receipt point into the SoCalGas system at which gas is received. The details of the rights are included in Appendix _ to this Sett.ement Agreement. The wording of Appendix _ is controlling over the summarization of its contents in this Section. This Settlement Agreemeri: defines the rights based on seven receipt points: Blythe (Ehrenburg), Topock, North Needles, Hector Road, Wheeler Ridge (with two sets of defined rights), Line 85, and North Coastal. When there is more than c�ne pipeline or other source that might deliver gas to the SoCalGas system it a particular receipt point, the receipt point rights are defined in terms of 1:,rimary and secondary access by lP�t� .` 9 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, 1r r I l lll0 Rule 601 et sue. of th FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CM 1(' Pronnsing Gas Options L99-07-003 Comprehensive Gas Oil Settlement Agreement upstream source. The relative scheduling priority of firm rights by primary and secondary upstream source and interruptible transportation are described in Appendix . SoCa.iGas system operations require some minimum flowing supply be received at Blythe. Therefore, as provided in Appendix _, persons acquiring backbone rights at the Blythe receipt point must agree to be subject to SoCalGas' right to issue an Operating Flow Order on any given day requiring thi:rn to actually deliver at Blythe on the succeeding day gas supplies up to 501% of their backbone capacity rights at Blythe. This Settlement Agreement toes not address under what conditions, if any, SoCalGas must ea:pand its backbone capacity, or the treatment (such as rates, allocation of capacity, etc.) of any increase in backbone capacity that SoCalGas may construct. These issues are left to the Commission to resolve at such tirie, if ever, as it chooses to resolve them. 6.4.1.3 Local Constraints and Service Interniption Credit: Firm backbone transmission rights do not guarantee :irm service downstream of the point of interconnection with the local trari;mission or distribution system. SoCalGas will take whIever steps it determines are operationally necessary in the evenla constraint or. local transmission or distribution OL threatens service to customers. This includes curtailment of noncore customers. To the extent feasible, SoCalGas will use the transmission system diversion procedures to prioritize noncore customers in the affected areas. Because under the firm backbone transmission rights system end -use customers only get the firmness of backbone transmission service for which they or their marketers contract, SoCalGas' existing Service Interruption Credit guarantee will be eliminated as of October 1, 2001. However, noncore customers who have supplies diverted by SoCalGas to avoid curtailment of SoCalGas core customers are still entitled to a diversion credit. 6.4.1.4 Intrastate Backbone Transmission Rights for Core Market and Wholesale Customers' Core Load: The initial reservation effective October 1, 2001 of firm backbone transmission right: for use by SoCalGas' Gas Acquisition Department to serve core customers procuring gas from SoCalGas is established by this Settlement Agreement as a total of 1000 MMcfd, consisting of 300 MMcfd al. North Needles, 290 MMcfd at Topock, 340 MMcfd at Blythe, and 70 MMcfd on North Coastal. This reservation is based on an assumpti,.:n that SoCalGas will be providing procurement service for 90% or more of core throughput. This reservation may not be declined for the year beginning October 1, 2001. Each subsequent year, SoCa1Gas' Gas Acquisition Department has the option to reduce its reservation based on the imount by which its market share of core procurement service has declined below 90% of total core throughput as a percentage of 90",0. For examp ie, if the percentage of core procurement service it is then providing has declined to 80% on or about Subject to Rule 51 of the CPUC Rules of Practice and Procedure, i y '0 It! Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, a id Section 1152 of the California Evidence Code C'P! 7,, Pronnsing Gas Options 1.99-07-001 Comprehensive Gas 011 Settlement Agreement_ October 1, 2002, SoCalGas' Gas Acquisition Department may reduce its reservation by any amount up to I L 'i % (i.e., 10/90). Any reduction in reservation by SoCalGas' Gas Acquisition Department must be made at each receipt point pro rata to the volumes established by this Settlement Agreement for the year beginning October 1, 2001. SoCalGas' agrees that its Gas Acquisition Department will meet and confer with the Office of Ratepayer Advocates prior to exercising any option to reduce its reservation on October 1, 2002 and each year thereafter during the term of this Settlement Agreement. SoCalGas' Gas Acquisition Department may not obtain capacity in the open seasons for backbone transmission rights in any year of this Settlement Agreem,e.nt, but may obtain additional backbone transmission rights in the secondary market. SoCalGas' Gas Acquisition Department may also sell any backbone transmission rights it holds in the secondary market in any amount, at any receipt points, and for any term of the Settlement Agreement. SoCalGas' Gas Acquisition Department shall have the option to take its reserved backbone transmission capacity either at the S V rate design (based on the postage stamp rate of S.07191 cents per deczr.herm, subject to annual escalation as described in this Settlement Agreerient) or at a rate design that has rate design of 50% demand charge and `. 0% volumetric charge based on a postage stamp rate of $07591 cents per decatherm (subject to annual escalation). SoCalGas Gas Acquisition must elect only one option (SFV or 50/50) for all reserved backbone transmission it takes in this process. Each CAT marketer will have the option prior to the commencement of the open season on October 1, 2001, and each year thereafter in the term of this Settlement Agreement, to reserve firm backbone transmission rights for a terns of one year at each of North Needles, Topock and Blythe equal to the then -existing interstate capacity rights reserved for SoCalGas' Gas Acquisition Department as specified in Section 5.3 below, times the share of the total core market served by that CAT marketer. Each wholesale customer will have the option prior to the commencement of the open season on October 1, 2001, and each year thereafter in the term of this Settlement Agreement, to reserve backbone transmission rights for a term of one year at each of North Needle,, Topock and Blythe equal to the then -existing interstate capacity rights reserved for SoCalGas' Gas Acquisition Department as specifio.] in Section 5.3 below, times the ratio of the wholesale customer's core throughput as a percentage of the total SoCalGas core market. The options described above for CAT marketers and wholesale customers if exercised must be exercised in full and not in part. If CAT marketers and wholesale customers exercise the option stated above, they shall have the choice e taking the reserved backbone transmission capacity either at a Straight Fixed/Variable ("SFV") rate design at a rate of S.07191 cents per decatherm (subject to annual escalation as described in this Sett.�ement Agreement) or at a rate design t_ C 19 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Al ).? EI I— 20M) Rule 601 et seq. of tie FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, aid Section 1152 of the California Evidence Code CPl it ` P;-oinismg Gas Options 199-07-003 Comprehensive Gas OII Settlement Agreement that has rate design of 50% demand charge and 50% volumetric charge at a rate of %07591 cents per decatherm ;subject to annual escalation). CAT marketers and wholesale customers rr.ust make the same election (between SFV and 50/50) for all capacity they take in this process. CAT marketers and wholesale customers may participate in the open seasons, and may acquire or sell backbone transmission rights in the secondary market without restriction. 6.4.1.1 Open Season Process: Firm backbone transmission rights not awarded to SoCalGas' Gas Acquisition Department, CAT marketers, or wholesale customers by the terms of Section 1.1.3.5 above shall be made available through a three -stage open season. ]' Ihe first open season shall be conducted shortly before October 1.. 2001, and the results thereof shall be effective on that date. Special right; for existing on -system California gas producers to obtain backbone transmission rights for Line 85 and North Coastal receipt points are described i 1 Appendix _. The capacity remaining for these points after California producer and core reservations are available in the open season, subject to the 50% limitation for each such point's remaining capacity in stage one and two described below. l 1 3 6 1 • First stage of open season Only existing noncore (including wholesale customers) and CAT marketers (to the extent of the load they served in the historical p,:riod used in to determine rights to participate in the first and second stages of the open season) are entitled to participate in the first stage. Customers entitled to participate in the first and second stages may assign their rights to participate to a third party (su(--i as a marketer). Customers entitled to participate may submit# bide in the first stage for an amount of backbone rights up to 100% of their historical consumption, and may bid to acquire such rights at any receipt points or combination of receipt points. The maximum customers can bid in the first and second stages will be based on their consumption in the most recent annual period for which data i., available prior to conduct of the open season. Customers' maximuni bidding rights shall be determined by a formula that fairly balances seasonal and annual usage. In addition, in the first and second stages of the open season, SoCalGas shall offer some fine capacit,� on a seasonal basis. Prior to the conduct of the first open season, SoCalGas will develop a detailed proposal for determining such rights and seasonal offerings and will consult with all persons interz�sted in the subject to attempt to reach an all -party agreement to be submitted to the Commission for approval. In the absence of all -party agreement, SoCalGas will submit a proposal which parties can contest and that the Commission will resolve prior to the first a:)en season. No more than 50% of the capacity remaining after the -ctail core capacity reservation at any l}a: 1 ' Subject to Rule E ' of the CPUC Rules of Practice and Procedure, 1 '0011 Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code 0'I 'C Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement individual receipt point will be subject to being contracted in the first stage or second stage of the ol,,en season. 1.1.3.6.2 Second stage of open season: Customers who were eligible for the first stage may participate 1 i a second stage to bid for any capacity not contracted for in the initial stage and under 50% of the capacity remaining at an individual receipt point after the retail core capacity reservation. 1.1.3.6.3 Third stage of open seascm The third stage of the open season is open to any creditworthy person. The capacity available in the third stage is all firm capacity not awarded through reservations or the first two stages. A minimum of 20% of the capacity at each receipt point reraining availaHe for the third stage shall be offered for a term of one year only. The remaining capacity shall be offered for up to the full remaining teen of this Settlement Agreement. 1.1.3.6.4 Frequency of Open Seasons: SoCalGas shall conduct three - stage open seasons annually. For the open seasons after the first open season, SoCalGas shall offer all firm capacity that was not contracted for in the prior open seasons and capacity under contracts that expire at or during the per.od for which the current open season is being held. In open seasons after the first open season, SoCalGas must offer on a one-year basis in the third stage as much capacity as it offered on a one-year basis 1:.1 the third stage of the initial open season, as long as that much -:apacity is still available by the third stage of the current open season. 6.4.1.1.1 Prices to be bid and value of bids: In all stages of each open season, bidders must bid either a SFV rate design based on a postage stamp rate of $.07191 cents per dth (plus escalation as described in this Settlement Agreement) cr a 50% demand charge/50% volumetric rate design at $.0"7591 per dth (plus escalation). Bidders must bid for all volumes at just one of these two rate designs, not some combination of the two. Bids may be for any term up to the Full remaining term of this Settlement Agreement, except that for capacity offered for a maximum of one year the maximum term that can be bid is one year. Bids �J the two rate designs will be treated equally for purposes of awarding capacity. Only the term bid will be used to determine which bids are awarded in which volume, if more volume is bid than is available for a particular receipt point in a particular stage (including the 50% limitations in the first two stages, and separately for the 20% ori(-.-year capacity and for the other term capacity in the third stage). (--'apacity will be awarded to those bidders who bid for the longest term if more volume is bid than is available for a particular recei��t point. In stages one and two, bids for capacity for a term of a y:ar or more will be given priority over bids for seasonal capacity in I he award of capacity rights for over- I,,I:_ C, I i Subject to Rule ` of the CPUC Rules of Practice and Procedure, l 'It d loof) Rule 601 et sec. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code t PIIC 1',-01711sing Gus Options L99-07-003 Com rGas as OII Settlement Agreement subscribed receipt points. If more ✓olume is bid for at the same term than is available for a particular receipt point, all such bidders will be awarded capacity on a basis pro rata to the amounts they bid at that term for that point. All bids once submitted cannot be withdrawn. Successful bidders are contractually liable for all capacity awarded to them in the open season process. 1.1.3.7 Sale of Capacity Not Awarded in Open- Season: SoCalGas may sell on a basis individually negotiated with any person backbone transmission capacity not awarded in the open season. This capacity may include sale on a finn basis of firm capacity as quantified in this Settlement Agreement at any receipt point not subscribed in the open season. It may also include sale on an interruptible basis of capacity( that may be available from time to time above the firm capacities as quantified in this Settlement r such firm or Agreement. SoCalGas may negotiate any price fo interruptible capacity subject to a cap of 120% of the SFV rate for backbone transmission. 1.1.3.8 Treatment of Local Transmission Costa: On October 1, 2001, total transmission costs as quantified and allocated in rates in the decision to be issued in SoCalGas' 1999 BCAP A.98,-10-012 will be removed from bundled transmission rates. SOCaIGas shall be at risk for recovery of backbone costs as quantified in this Settlement Agreement through rates for unbundled backbone transmission service. On October 1, 2001, local transmission costs as quantified by this Settlement Agreement shall be reallocated in bundled transportation rates as provided below in order to ensure that the effect of this Settlement Agreement, exclusive of the unbundling of SoCalGas core interstate pipeline capacity provided in Section 5.3, will not have a significant impact on the allocation of costs between core and noncore customer classes. Local transmission costs are quantified on an embedded cost basi s at an agreed -upon level of $64.3 million for 2000 (Local transmission cost of $64.3 million plus backbone cost of $73.7 provided in Section 1.1 3.2 equals total transmission cost of $138.0 million provided in Section 1 1.3.2.) The amount of $64.3 million shall escalate on January 1, 2001 and 2002 according to the annual indexing formula (inflation less productivity plus customer growth, with adjustment for any "Z factors") adopted by the Commission for SoCalGas' current base rate PBR in D.97-07-054. Effective January 1, 2003, and thereafter for the term of this Settlement Agreement, it will escalate by whatever Commission -adopted PB R or attrition formula generally applicable to SoCalGas' base rates .s in effect at the time. Effective October 1, 2001, local transmission costs as quantified in this Settlement Agreement shall be allocated in rates between customer classes on the basis of cold year throughput. Allccatlon of local transmission costs in bundled transportation costs betwccn customer classes may be modified ubject tEn ue ` of the CPUC Rules of Practice and Procedure, [Rj,�,:1,1 601ofofthe FERC Rules of Practice, Rule 408 of the Federal'U(li es of Ece, and Section 1152 of the California Evidence Code CPU( Promising Gas Options 1.99-07-003 Comprehensive Gas 01I Settlement Agreement by the Commission after the term of the BCAP period adopted by the Commission in the decision to be issued in A.98-10-012. In all Commission proceedings for the full term of this Settlement Agreement, the allocation of transmission costs between local and backbone, and of administrative and general costs to the transmission function, shall be consistent with the manner in which transmission costs are quantified by this Settlement Agreement. SoCalGas' risk/reward for recovery Dfl local transmission costs in bundled transportation rates from October 1, 2001, to the end of the BCAP period adopted in the decision to be issued in A.98-10-012 shall be the same as for the period before that date adopted in the decision to be issued in A.98- 10-012 (i.e., if there is no change from the Proposed Decision and all alternates as of this date, 100% balancing account treatment in the core market and 75/25 ratepayer/shareho lder treatment in the noncore market for differences between actual and Eirecast throughput). SoCalGas' risk/reward for recovery of local transmission costs after the 1999 BCAP period is to be determined by the Commission in future proceedings. 6.4.1.1 Market Concentration Limitations: No participant shall be entitled to acquire and hold at any point in tinic through any open season or combination of open seasons more ili an 40% of the capacity at any individual receipt point that has not been awarded to SoCalGas' Gas Acquisition Department or CAT marketers or wholesale customers in the process described in section 1.1.3.5 L-.bove. Any amount of capacity acquired by person in the secondary market is not subject to the 40% limitation. Parties that are "affiliated" as that term is used in the Commission's affiliate transaction rules (except that "person" shall be substituted for "utility" in that definition) shall be considered one person for purposes of the market concentration limit in this section. 1,1.110 Potential for Bypass of Loca I Transmission and Distribution Systems: This Settlement Agreem-nt does not address the issue of whether customers can directly corir.ect to SoCalGas' backbone transmission system, and if they do ,3o, whether they can avoid paying any or all of SoCalGas' charges other than charges for backbone transmission service. These issues are left to the Commission to decide if and when it chooses to do so. Nothing in this Settlement Agreement prevents any Party from seeking or opposing any resolution of these issues by the Commission Subject to Rule 51 of the CPUC Rules of Practice and Procedure, ��j'��tj i �(hUl) Rule 601 et seq. of ,ha FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ( '11=:_' Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement 1.2 Establish a Secondary Market for Intrastate Transmission Capacity 1.2.1 Summary of D.99-07-015: Participation in the secondary market transactions through a mandatory Electronic Bulletin Board is consistent with the Commission's goals of enhancing market efficiency, preventing anti -competitive behavior, and providing additional competitive tools to the marketplace. The Commission wants to understand the costs of providing such a service before determining whether to require its provision. (p. 79, FoF 38, Appendix Q 6.4 1 Current status: No secondary market can-ently exists for intrastate transmission rights on SOCaIGas or SDG&E because no such rights currently exist. 6.4.1 Resolution: All backbone transmission rig!As on SoCalGas as defined in Section 1.1 are assignable to any creditworthy person, whether or not an end -user or wholesale customer on the SoCalGas syste r . Rights may be re -assigned any number of times under the same rules applicable to assignments by persons who originally obtained the rights directly from :�oCalGas. Provisions for platforms for trading backbone transmission and storage rights are addressed in Section 6.3. 6.4.1.1 Assignability: Assignments may consist of all or part of the backbone transmission customer's contract quantity and all or part of the backbone transmission customer's remaining contract term. Contract assignments are subject to the following requirements: i. Assignors must notify SoCalGas in advance of their assignments. It. The assignee must satisfy SoCalGas' creditworthiness requirements described below in Section Alternatively, the assignor may, at its option, waive the creditworthiness requirements applicable to the assignee, in which case the assignor shall be secondarily liable for non-performance by the assignee. If an assignor exercises this option, it must demonstrate to SoCalGas' satisfaction that it remains creditworthy itself. 16 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Aj,t . l 1 - 2000 Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, aIrid Section 1152 of the California Evidence Code ('Pt C' Promising Gus Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement_ 1.2.3.2 Creditworthiness standards for assignment of backbone transmission rights: a. An entity requesting service must demonstrate creditworthiness before receiving service. Additionally, an entity receiving service under a long- term (one year or longer) contract may be subject to periodic re- evaluations of its creditworthiness. b. An entity requesting service must provide the following to SoCalGas in order for SoCalGas to evaluate its cred .tworthiness; i_ Most recent annual report, it. Most recent SEC Form l C'-K; iii. if SEC Form 10-K is unavailable, substitute audited annual financial statements (including a balance sheet, income statement, and cash flow statement), or iv. If audited financial statements are unavailable, substitute unaudited financial statements (including a balance sheet, income statement, and cash flow statement) accompanied by an att,.�station by the providing entity's Chief Financial Officer that the information reflected in the unaudited statements is true and correct and a fair representatie-a of the entity's financial condition; v. Most recent quarterly or monthly financial statements (including a balance sheet, income statement, cash flow statement, and contingencies). c. SoCalGas will use the items above, in conjunction with the entity's service request or service level, to determine the maximum amount of credit SoCalGas can offer the entity. d. If an entity is unable to demonstrate creditworthiness through the materials listed in Section b, SoCalGas may request additional evidence of creditworthiness, in which event the entity may elect to provide one of the following: I. an irrevocable letter of credit in fon i, substance and amount satisfactory to SoCalGas; ii. a guarantee, in form and substance satisfactory to SoCalGas, executed by a person SoCalGas deems to be creditworthy, of the entity's performance of its obligations to SoCalGas; or iii. such other form of security as the entity may agree to provide and as may be acceptable to SOCa1Gas. e. SoCalGas will treat all financial statements provided to it as confidential. f. SoCalGas will continue to oversee aggregators' creditworthiness, pursuant to SoCalGas' tariff rules for ('are Aggregation Transportation marketers.I Subject to Rule 5" of the CPUC Rules of Practice and Procedure, ;1(x�f 1 ?1)00 Rule 601 et sue. of t-e FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, a,)d Section 1152 of the California Evidence Code CM.,( Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement 1.3 Place the Utility At Risk for Unused [Transmission] Resources 1.3.1 Summary of D.99-07-015: The Commissicn refers to the fact that SoCalGas' shareholders are partially at risk for "stranded" costs associated with intrastate transmission in a table. (p. 12) 1.3.2 Current status: The Global Settlement put SoCalGas shareholders at 100% risk for any deviation between forecast and actual,,_ throughput from the noncore (excluding EOR) market as applied to all -volumetric transportation rates that include the cost of the transmission system. The PD in the 1999 BCAP recommends adoption of 75/25 ratepayer/shareholder risk for noncore throughput. 6.4 1 Resolution: For the period from the effective date of this Settlement Agreement until the implementation of a system of firm., tradable intrastate backbone transmission rights pursuant to this Settlement Agreement on October 1, 2001, SoCalGas shareholder risk for recovery of the costs of its intrastate transmission system shall be subject to the terms of the Commission's decisions in the SoCalGas PBR adopted in D.97-07-054 anti the Commission's decision in SoCalGas' 1999 BCAP A.98-10-012. Effective October 1, 2001, SoCalGas shall be 100% at shareholder risk/reward for recovery of unbundled backbone transmission costs as quantified by this Settlement Agreement through the rates charged for such service. Any amount by which revenues for backbone transmission service differ from unbundled costs established by the Settlement Agreement shall not be subject during the term of this Settlement Agreement to the earnings sharing mechanism under SoCAlGas' current PBR adopted in D.97- 07-054 or any successor earnings sharing mechanism that may be adopted. Effective October 1, 2001, SoCalGas' risk for recovery of local transmission and distribution costs (i.e., other than for unbuncled backbone transmission and storage) shall be as established by the Commission in its decisions in SoCalGas' current PBR and 1999 BCAP for the effective period adopted therein (i.e., through December 31, 2002). and in successors to those two proceedings for the period thereafter. 1.4 Establish Hector Road as a Delivery Point on the SoCalGas System 1.4.1 Summary of D.99-07-015: The Commis�i.on sees reason to pursue a change in SoCalGas' nomination procedures even in the short term to establish Hector Road as a formal receipt point for which customers can nominate on the SoCalGas system. It finds that failure to provide at least "window -style" access through Hector Road has resulted in lost opportunities to bring relatively inexpensive gas into southern California. It seeks specific proposal on how such an arrangement should be defined, including burdens that ,�,/ould fall on Transwestern Pipeline citstomers. The Conmission also states tr._rt it is unlikely the market will accurately reflect the value of intrastate transmission unless Hector Road is a tOrmal receipt point in a SoCalGas firm, intrastate transmission rights system. It Ptia�c ( Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Rule 601 et sue. of ME FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code (:1'( C Promising Gas Options 1.99-07-003 Comprehensive Gas 011 Settlement Agreement, expects that Hector Road would be a forma; receipt point in any such system. (pp.15-19: FoF 3 and 4.) 1.4.2 Current Status: SOCa1Gas has a physical interconnection with Mojave Pipeline at Hector Road. SoCalGas currently receives gas at that point from Mojave Pipeline on a discretionary basis for purposes of operational efficiency, but customers are not allowed to make nominations for transportation from Hector Road as a formal receipt point on the SoCalGas system. Hector Road is not currently a formal delivery point for which customers on the Mojave Pipeline system can nominate deliveries. 1.4.3 Resolution: Hector Road will be establish,:xi as a formal receipt point on the SoCalGas system at which volumes can be nominated. 1.4 3.1 For the period from the effective date of this Settlement Agreement through September 30, 2001, the following provisions shall apply: The Hector Road interconnection will be established by SoCalGas as a formal receipt point on the SoCalGas system at which volumes can be nominated by transportation customers on the SOCalGas system. The total capacity available to be nominated at Hector Road will be subject to adjustment daily based on operating conditions, but such capacity will be at least 50 MMcfd as long as Mojave Pipeline delivers at least 50 MMcfd at Hector Road on each day for which volumes equal to or greater than 50 MMcfd are nominated for delivery at Hector Road. Volumes nominated at Hector Road in excess of 50 MMcfd would be secondary to nominations on SoCalGas' system for deliveries fn:itn Transwestern Pipeline Company (" Transwestem") at SoCalGas' North Needles receipt point. SoCalGas will not set the maximum daily receipt point capacity at North Needles at less than 750 MMcfd unless operating conditions unrelated to the Hector Road receipt point require such action. All volumes delivered at Hector Road will be subject to the Wheeler Ridge access fees and surcharges as long as the Commission keeps any such fees or surcharges in effect with respect to deliveries at Wheeler Ri,,i e. This Settlement does not prohibit the Commission from eliminating the Wheeler Ridge access fee and from rolling -in Wheeler Ridge interconnection costs. 0.4 1.1 Upon the implementation of a systen of firm, intrastate backbone transmission rights on the SoCalGas system provided under this Settlement Agreement for October ., 2001, Hector Road shall be a formal receipt point on the SoCalGas system with a firm receipt point capacity of 50 MMcfd. Details regarding the Hector Road receipt point under the system of firm, tradable intrastate backbone rights are provided in section of this Settlement Agreement. Pa.- e 1 `? Subject to Rule 51 of the CPUC Rules of Practice and Procedure, )WO Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPC'C' Promising Gas Options 1. 99-07-003 Comprehensive Gas OII Settlement Agreement 1,4.3.3 Establishment of Hector Road as a formal receipt point for nominations into the SoCalGas system (whether prior to or upon the implementation of a fine intrastate capacity system to, SoCalGas) is conditioned on the Federal Energy Regulatory Commission ("FERC") approving Hector Road as a formal delivery point by N10jave Pipeline. The Parties to this Settlement Agreement agree to support such action by the FERC. By approval of this Settlement Agreement, the Commission agrees to support such action by the FERC. L5 Publish SoCalGas Windowing Criteria in Tariffs. [Includes Implementing Targeted Operational Flow Orders 1.5.1 Summary of D.99-07-015: SoCalGas wayl directed to file an advice letter to publish its existing "windowing" procedure�i as part of its tariff. It was not clear to the Commission what stakeholders migl,,,t say about such procedures when they were filed, nor how long such procedures might remain in effect prior to the implementation of a system of firm intrastate transmission rights. In the context of reviewing the advice letter and related pleadings, the Commission would determine whether to approve the procedures without comment or to require modifications. (pp.19-20, COL 3., O.P. 8 and 12, Appendix Q The Commission also wants to explore targeted OFOs along with other similar reforms in the cost/henefit phase. They believe even though it's possible that some customers might respond to a targeted request by shi.`ting excess gas to other customers, it may also improve the system balance. (p. 41, p. 50 [#10], FoF 23, CoL 9, .Appendix (..')) 6.4.1 Current Status: SoCalGas filed its curreii. windowing procedure in tariff form by Advice Letter 2837. No action has been taken by the Commission on this filing. SoCalGas continues to follow the procedure set forth therein. L5.3 Resolution: The current "windowing" pn:,cess on the SoCalGas system will be eliminated on the effective date of this Sett ement Agreement. 6A4 1.1 Settlement period from effective (late to September 30, 2001: From the effective date of this Settlement A;_;reement until the implementation of a system of firm, tradable backbone intrastate transmission rights on October 1, 2001, a system will be implemented based on receipt points based on daily physical maximums for each receipt point, subject to a system of Operational Flow Orders ("OFOs") and Emergency Operational Flow Orders ("E-OFOs"), and pro �- ding for pooling service at receipt points, as described below: 0.4.1.1.1 OFOs/EFOs to replace current SoCalGas over iomination event rules: SoCalGas currently has and uses authority under its tariff Rule 30 to call overnomin-Aion events (generally, occurring between April and October) to manage daily imbalances on its system within its capacity .o accommodate. This Settlement i)a� c' 21I Subject to Rule �d of the CPUC Rules of Practice and Procedure, t„ 11 1 - 7000 Rule 601 et seg. of the FERC Rules of Practice, Rule 408 of the Federal Ruies of Evidence, and Section 1152 of the California Evidence Code CI'I_'•- Promising Gas Options I.99-07-003 Comprehensive Gas OII Settlement Agreement: Agreement modifies SoCal(3as' tariff Rule 30 to eliminate the overnomination event process, and in its place to provide SoCalGas with the authority to issue Operational Flow Orders ("OFO"s). OFOs would be issued by SoCalGas when the current (flow) day's scheduled deliveries exceed the forecast of the next day's system capacity to receive gas. OF Os would be declared by 7:30 a.m. for the next flow day. SOCaIGEts would also have the right to issue emergency OFOs by 3:30 p in. for the next flow day. Emergency OFOs would be called only in the event that customers failed to respond sufficiently to the calling of an OFO, or if changed operating conditions so required. Penalties for violation of an emergency OFO would be substantially higher than for violation of an OFO, as discussed in die section below regarding balancing. Tariff language for Rule 30 consistent with this aspect of this Settlement is attached hereto in Appendix _. It is the hope of the Parties teat the elimination of SoCalGas' windowing procedures pursuant to this Settlement will not cause SoCalGas to have to issue large number of OFOs. However, the parties recognize the possibility that additional steps may have to be taken to prevent an excessive number of OFOs on SoCalGas' system as a result of other lianges provided for in this Settlement. This Settlement in Appendix provides a process for triggering and conducting an "OFO Forum" if the number of OFOs or emergency OFOs called by SoCalGas under this Settlement exceeds eight (8) during the first two months of settlement implementation. 1.5.3.1.2 Gas Supply Pools on the SoCalGas System: Parties to this Settlement have expressed interest in measures that would increase the liquidity of trziding of gas supply in California and that would assist marketers and gas consumers in managing their gas supplies. One tool for skis purpose that many interstate pipelines offer is pooling of shipper supplies. This Settlement provides for the establishment by SoCalGas of pooling of gas supplies by customers and marketers on its system. Pursuant to this Settlement Agreement, customers and marketers (including marketers without a specific end -use customer) will be permitted, but not required, to have pools on the SoCalGas system. Customers and marketers will be permitted to trade gas among pools on a daily or nomination cycle basis without changing their nominations for deliveries from interstate pipelines. SoCalGas will permit nominations from a supply Subject to Rule 5' of the CPUC Rules of Practice and Procedure, Rule 601 et sue. of V! FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, a.-)d Section 1152 of the California Evidence Code ('N , (' Yronusing Gas Options L 99-07-003 Comprehensive Gas OII Settlement Agreement source to a pool, from storage to a pool, from one pool to another pool, and from a pool to storage or to customer burn. Customers and marketers will not be permitted to hold imbalances in pools after the first of the four dail y nomination cycles. Thus, gas scheduled into a pool during; any nomination cycle other than the first nomination cycle of a ,Jay must be simultaneously scheduled out of a pool to burn, storage,, or another pool. California producers will be permitter. to operate under their producer balancing agreements for gELS produced in California. Interstate pipeline nominations would be permitted to roll cycle -to -cycle and day-to-day until changed by the customer or marketer. Additional details regarding the pooling system adopted by this Settlement are described in Appendix _. SoCalGas may charge a fee for pooling transactions only to the extent set forth in AppendixK . It is understood and agreed that the pool transfer fee described in Appendix _ shall terminate on December 31, 2002, unless by that date SoCalGas has requested and the Commission has approved a continuation of that fee or some alternative_ /insert description of how firm transmission rights on 10/1/01 changes the interim arrangements) 2. STORAGE 2.1 Create Firm, Tradable Storage Rights 6.4.1 Summary of D.99-07-015: The Commission believes there would be more efficient use of the hard -to -find gas storage resources if individual shippers and customers could bid for firm storage access rights. In addition, the local distribution company will be motivated to pursue more complete utilization of its storage assets if its shareholders bear the risk for cost recovery. If accompanied by an active secondary market, the bidding and trading of storage rights should lead to pricing that reflects demand. (pp. 2.3-24, FoF 9, CoL 4, Appendix C) 2.1.2: Current Status: SoCalGas currently offets unbundled storage service with its storage capacity in excess of that amount of capacity reserved for the core market. Pursuant to the decision in SoCalGas' 199:) BCAP, A.98-10-012, the current storage reservations for SoCalGas' core market are 70 Bcf of inventory, 1935 Pew"' _' 2 Subject to Rule 5' of the CPUC Rules of Practice and Procedure, Api I I 'OU(t Rule 601 et seq. of We FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPI (' Pronusing Gas Options I99-07-003 Comprehensive Gas OII Settlement Agreement_ MMcf/d of withdrawal, and xxx MMcf/d of injection. Pursuant to the decision in SoCalGas' 1999 BCAP, it is at risk for recovery of 50% of unbundled storage costs. Storage costs are currently allocated and unbundled on the basis of LRMC. 6.4.1 Resolution: [this portion is only partially completed; much more to come] 2. l 3.x SoCalGas agrees that it will file with the +commission on or before June 1, 2000, a new application for authorization to sell its Montebello storage field. The provisions of this Settlement Agreement do not include the Montebello storage field in the quantified capacities or costs of storage allocated to bundled balancing, core service, or the unbundle, storage market. This Settlement Agreement does not address whether sale of the Montebello field should be approved by the Commission, nor any r3temaking treatment of the Montebello field. These issues are left to other Commission proceedings specifically addressing SoCalGas' Montebello storage field. 2.1.3.x Pricing flexibility for unbundled storage capacity not committed during open seasons: SoCalGas may sell unbundled storage capacity not committed during open seasons under the terms of Schedules G-TBS and G-BSS existing as of the filing of this Settlement Agreement, subject to price floors and ceilings described below: For the period from the effective date of this Settlement Agreement to March 31, 2001, SoCalGas' pricing flexibility for unbundled storage service under Schedule G-TBS shall be as provided in applicable Commission decisions and resolutions prior to the date of this Settlement Agreement. For the period from April _, 2001, to March 31, 2002, for each storage product (injection, inventory, withdrawal) the floor price that SoCalGas may charge on Schedule G-TBS is 50°/c of the embedded cost of that product as established by this Settlement Agreement and the maximum price that SoCalGas may charge for each product i s 150% of the embedded cost of that product as established by this Settlement Agreement. For the period from April 1, 2002, to March 31, 2003, for each storage product (injection, inventory, withdrawal) the floor price that SoCalGas may charge on Schedule G-TBS is 50% of the embedded cost of mat product as established by this Settlement Agreement and the maximum price that SoCalGas may charge for each product is 200% of the embedded cost of that product as established by this Settlement Agreement. For the period from April 1, 2003, through the remainder of the teen of this Settlement Agreement, for each storage product the floor price that SoCalGas may charge on Schedule G-TBS is the short -run marginal cost of providing that product, and there is no ceiling price. SoCalGas may sell any mix of storage products to a customer in the unbundled P.: Subject to Rule 51 1 the CPUC Rules of Practice and Procedure, Alm 1 1 N00 Rule 601 et seg. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPI 1f ' Promising Gas Options L99-07-003 Comprehensive Gas OII Settlement Agreement storage market under Schedule G-TBS at any time in the term of this Settlement Agreement. If SoCalGas divests ownership to an unaffiliated person or persons of 20% or more of its existing storage inventory capacity prior to April 1, 2003, it shall _ immediately be entitled to the pricing fle►ability under Schedule G-TBS described above otherwise applicable on and after April 1, 2003. The 20% shall be measured as a percentage of SoCalGas' storage inventory capacity exclusive of the Montebello storage field (i.e., 20% of approximately IOx Bet) and divestiture of Montebello shall not c.)unt toward the 20%. Only forms of divestiture that give the purchaser the option to continue to use the capacity to provide storage services will count towart. the 20%. This Settlement Agreement does not create any obligation for SoCalGas to divest storage capacity other than the Montebello field, nor does it obligate the Commission to approve any such divestiture. (G-BSS provisions here] 2.2 Establish a Secondary Market For Intrastate Storage Capacity 2.2.1 Summary of D.99-07-015: The Commission anticipates that the existence of an active secondary market for storage would reduce a utility's ability to increase its storage revenues in an unfair manner. Shippers should be more willing to acquire storage rights when they know they are able to sell unused capacity on the secondary market. Participation in the secondary market transactions through a mandatory Electronic Bulletin Board is consistent with the Commission's goals of enhancing market efficiency, preventing anti -competitive behavior, and providing additional competitive tools to the marketplace. The Commission wants to understand the costs of providing such a service before determining whether to require its provision_ (p. 24, FoF 38, Appendix C) 6.4.1 Current Status: Customers with unbundled storage service contracts on SoCalGas' system currently can sell gas in storage to other customers with storage contracts, and can assign their storage contracts to other persons for the full remaining term of the contracts, subject to SoCalGas approval of the creditworthiness of the assignee. Storage ustomers cannot assign their contracts for only part of their terns and cannot assigr, only portions of the injection, inventory, and withdrawal rights they have under their contracts. SoCalGas currently provides a space on its GasSelect bulletin board on which GasSelect customers can advertise interest in assignirt;� or acquiring the assignment of storage contracts. Pa�_,c 24 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, 11 :I j '000 Rule 601 et sue. of t-e FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, a -id Section 1152 of the California Evidence Code CM C Promising Gas Options L 99-07-003 Comprehensive Gas OII Settlement Agreement 6.4.1 Resolution: From the effective date of this Settlement Agreement through March 31, 2001, SoCalGas unbundled storage customers will be allowed to assign their full contract capacities (but not portions thereof) for periods of time less than the full remaining term of the contract Effective April 1, 2001, through the remainder of the term of this Settlement Agreement, unbundled storage customers N ill be allowed to assign to any person, whether or not an end -user or wholesale customer of SoCalGas, any portions of their storage contract (inventory, injection, and withdrawal rights may be assigned independently) for any period tip to the remaining term of their contracts. Storage contract rights may be re -assigned any number of times under the same rules applicable to assignments by persons who originally obtained the rights directly from SoCalGas. Details of the right to assign or trade storage rights are provided below. Provisions for platforms for tradin,_; backbone transmission and storage rights are addressed in Section 6.3. 0.4.1.1 Assignability: Assignments may consist of all or part of the storage customer's contract quantities and all or part of the storage customer's remaining contract term. Contract assignments are subject to the following requirements: Assi;_:nors must notify SoCalGas in advance of their assignments. ii. The .,ssignee must satisfy SoCalGas' creditworthiness requirements described below in Section Alternatively, the assignor rnay, at its option, waive the creditworthiness requirements applicable to the assignee, in which case the assignor shall be s,condarily liable for non-performance by the assignee. If an assignor exercises this option, it must demonstrate to SoCalGas' satisfaction that it remains creditworthy itself, Creditworthiness standards for assignment of storage rights: a. An entity requesting service must demonstrate creditworthiness before receiving service. Additionally, an entity receiving service under a long- term (one year or longer) contract may be subject to periodic re- evaluations of its creditworthiness. b. An entity requesting service must provide the following to SoCalGas in order for SoCalGas to evaluate its creditworthiness; i. Most recent annual report; ii. Most recent SEC Form IO-K; 2" Subject to Rule 51 of the CPUC Rules of Practice and Procedure, 14„ it j '000 Rule 601 et seg. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPC ,C Promising Gas Options I.99-07-003 Comprehensive Gas OII Settlement Agreement iii_ If SEC Form 10-K is unavailable, suhstitute audited annual financial statements (including a balance sheet, income statement, and cash flow statement), or iv. If audited financial statements are unavailable, substitute unaudited financial statements (including a balance sheet, income statement, and cash flow statement) accompanied by an attt-station by the providing entity's Chief Financial Officer that the information reflected in the unaudited statements is true and correct and a fair representation of the entity's financial condition; v. Most recent quarterly or monthly financial statements (including a balance sheet, income statement, cash flow statement, and contingencies). c. SoCalGas will use the items aboi%e, in conjunction with the entity's service request or service level, to determine the maximum amount of credit SoCalGas can offer the entity. d. If an entity is unable to demonstrate creditworthiness through the materials listed in Section b, SoCalGas may request additional evidence of creditworthiness, in which event the entity may elect to provide one of the following: i. an irrevocable letter of credit in form, substance and amount satisfactory to SoCalGas; ii. a guarantee, in form and substance satisfactory to SoCalGas, executed by a person SoCalGas deems to be creditwe,�*hy, of the entity's performance of its obligations to SoCalGas; or iii. such other form of security as the entity may agree to provide and as may be acceptable to SoCalGas. SoCalGas will treat all financial statements provided to it as confidential. f. SoCalGas will continue to oversee aggregators' creditworthiness, pursuant to SoCalGas' tariffrules for Core Aggregation Transportation marketers.. 2.3 Place the Utility At -Risk for Unused (Storage] Resources 2.3.1 Summary of D.99-07-015: The Commis,,ion requests the parties to consider the costs and benefits related to creating a system of tradable storage rights on SoCalGas' system that places the utility at risk for unused resources. (pp. 20-24, .91)pendix C) 0.4.1 Current Status: The Global Settlement provided for shareholder recovery of all SoCalGas' unbundled storage costs, except for post-1992 "expansion" facilities, through the Noncore Storage Balancing Account, with the balance in the account spread over customers on an equal cents per therm basis. The Global Settlement guaranteed this treatment through August 3 1, 1999. The PD in the pending SoCalGas 1999 BCAP recommends the adoption of a 50/50 risk sharing in lieu of P,i��c 'h Subject to Rule 51 of the CPUC Rules of Practice and Procedure, j j 000 Rule 601 et sue. of ta FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ('Pt /( Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement the Global Settlement's provisions, subject to modification in I.99-07-003. SDG&E has no storage facilities_ 6 4.1 Resolution: For the period from the effective date of this Settlement Agreement to March 31, 2001, SoCalGas' risk/reward for unbundled storage costs shall be as determined by the Commission in SoCalGas' 1999 BCYa? A.98-10-012. For the period from April 1, 2001, through ]Aarch 31, 2002, SoCalGas shall be at risk/reward for 50% of any difference (whether negative or positive) between unbundled storage costs and revenues from unbundled storage service. The remaining 50% of any difference shall be allocated to ratepayers on an equal cents per therm basis between core and noncore customer classes, and recovered as part of bundled volumetric rates for transportation service. For the period from April 1, 2002, to March 31, 2003, SoCalGas shall be at risk/reward for 75% of any difference (whether negative or positive) between unbundled storage costs and revenues from unbundled storage service. The remaining 25% of any difference shall be allocated to ratepayers on an equal cents per therm basis between core and noncore customer classes, and recovered as part of bundled volumetric rates for transportation service. For the period from April 1, 2003, through the remainder of the term of this Settlement Agreement, SoCalGas shall be 1 00% at risk/reward for any difference between unbundled storage costs and revenues from unbundled storage service. 3. BALANCING 3.1 Examine Structural Means For SoCalGas ,ro Provide Balancing Services Without Drawing On Core Assets. 3.1.1 Summary of D.99-07-015: The Commission stated that as long as core services are intertwined with system balancing, it is unlikely the Commission can ensure the process is free of cross -subsidies or incentives for SoCalGas to favor its shareholders. The Commission stated it was not prepared to institute mandatory daily balancing as a means o f avoiding use of core assets to balance the system. (pp.36-38; 49; 62; FoF 17, 19-21; CoL 7) 3.1.2 Current status: SoCalGas currently has only monthly balancing tolerances, except for winter balancing rules and o�ernomination. Winter balancing rules limit customers to specific tolerances over a five-day period if storage Subject to Rule 51 of the CPUC Rules of Practice and Procedure, ��-��f11 Rule 601 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, aid Section 1152 of the California Evidence Code CPI C Promising Gas Options 1.99-07-003 Comprehensive Gas O1I Settlement Agreement inventories are above a specific level and daily balancing tolerance if storage is below specified levels. On days other than overnomination events, there are no limits on how much customers may be out of balance. When overnomination events are called, they apply to all market segments. 3.1.3 Settlement provisions: As described in the following sections, this Settlement Agreement provides for the noncore (including wholesale) and core (including both retail core and CAT core) classes to be balanced separately. OFO and E- OFO events will be called independently for noncore and core classes. Storage assets used for balancing are identified separately for noncore and core classes and their costs allocated separately for noncore and core balancing service. SoCalGas' core gas procurement department will be expressly subject to the same rules and penalties as other core balancing entities. SoCalGas Gas Operations department may buy or sell gas in emergency circumstances to balance the system, but SoCalGas' core !i,as procurement department will play no role in such purchases. SoCalGas Merger Conditions 16 and 17 (Appendix B to D.98-03-073) are deemed satisfied so that no temporarily confidential communications SoCalGas' Gas Operations and Gas Procurement Department will be allowed any longer pursuant to Merger Condition 16. lInsert more detail) 3.2 Cost and Rate Separation for Balancing Services [Self -Balancing Option] 3.2.1 Summary of D.99-07-415: The creation of separate, avoidable rates for balancing services might facilitate the entry of competitors who would provide balancing services along with procurement, storage, as well as intrastate and interstate transmission. Cost and rate separation for balancing services might also facilitate the provision of a variety of balancing services on the part of the utility as well as competitors. Examples of such services would include daily balancing with varying tolerance bands and penalties as well as more generous monthly balancing tariffs, with costlier charges. The provision of a daily balancing option may be necessary in order to implement other reforms such as electronic trading of imbalances as well as cost and rate separation for balancing services. The costs and benefits of the daily balancing option ,;I-,,ould be considered in the next phase of this inquiry. (pp. 38-40, Findings of Fact (FoF) 22, Conclusions of Law (CoL) 8, Appendix C) 3.2.2 Existing Provisions: ?2.1 Currently, SoCalGas and SDG&E provide noncore transportation customers with a specific amount of balancing hi-indled in transportation service and rates to manage their differences between supplies and usage caused by a variety of factors, including end -user demand uncertainty, unplanned 1'w" ?"' Subject to Rule 5' of the CPUC Rules of Practice and Procedure, nt�i i t - 7fiU(� Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, .3r d Section 1152 of the California Evidence Code CPI 1(' Pronnsing Gas OJ)tiorzs L99-07-003 Comprehensive Gas OII Settlement Agreement equipment outages, and price arbitrage. SoCalGas and SDG&E's pipeline operations must also manage other imbalances including shrinkage, pipeline -to -pipeline imbalances, Cali `ornia gas production imbalances and/or imbalances due to forecast error for core loads on the day of gas flow. 2.22 The resources used by SoCalGas and S,DG&E pipeline operations for balancing include the gas in the pipelines (called pipeline inventory or linepack) and the firm storage assets ern the SoCalGas system. There is no underground storage on the SDG&E system. If the pipeline inventory is forecast to exceed operating limits, overnomination or undernomination events are called by SoCalGas or SD,:;&E which impose daily balancing limits and penalties for that day. In addition, SoCalGas imposes additional limitations on imbalances during winter periods, which limitations increase in two steps if system storage inventory levels fall below pre -established levels. Finally, SoCalGas imposes daily "windowing" restrictions on the amount of gas that can be, nominated l:ry shippers in total for receipt at individual receipt points into the SoCalGas system. 6 4. L 1 Balancing entities are limited to a monthly imbalance of±10 percent. After the end of the month, they can trade imbalances outside this range. Following trading, amounts outside :f 10 percent are cashed -out. There are no specific daily balancing limits, except on overnommation or undernomination event days and except for winter balancing rules. 3.2.3 Self -Balancing Option Provisions: As pai- of this Settlement Agreement, SoCalGas will offer an unbundled daily balancing option, which is called the Self - Balancing option, effective April 1, 2001. This option allows customers to receive a credit for a portion of the balancing costs that will otherwise be bundled in the bundled transportation rate. The following provisions will apply to Self - Balancing: 2. 3.1 Bundled Balancing: Bundled monthly balancing provided by SoCalGas remains the default balancing service Tor any customer who does not elect the Self -Balancing option. The inter : of the Parties is that the offering by SoCalGas and the election by customers of the Self -Balancing option will not adversely affect the availability, -eliability or cost of bundled balancing, nor will it cause the frequency of OFI_is or E-OFOs to be any greater than would be the case in the absence of this option. As provided in Section the OFO Forum will monitor these effects, and meet to discuss and resolve concerns if such adverse effects occur. a.2 Availability and Election of Self -Balancing OEtion: The Self -Balancing option is available to noncore customers, wholesale customers, and core aggregation transportation ("CAT") marketers. For CAT marketers, a daily forecast of demand will continue to be used to measure daily imbalances, similar to how OFOs are done. SoCalGas' Gas Acquisition Department E'a_` 2i' Subject to Rule 5' of the CPUC Rules of Practice and Procedure, Apti i l %. 2ill)O Rule 601 et sue_ of tfe FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code C'P(it' Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement agrees that for the term of this Settlement Agreement it will not elect the Self -Balancing option. 3 —3.3 Transmission Rates: All of the costs agreed to be included in rates for bundled balancing will be included in the bundled transportation rate, not the unbundled backbone transmission rate or any rate for unbundled storage service. 3 �.3.4 Allocation of Balancing Storage Assets: Assets for bundled noncore (including wholesale) balancing, prior to any customer elections for Self - Balancing Service are 5.3 Bcf of inventory capacity, 250 MMefd of injection capacity, and 250 MMcfd of withdrawal capacity. To the extent that noncore customers elect Self -Balancing, a pro rata share of this capacity will be transferred to the unbundled storage program. The amount is calculated as a pro rata share of the bundled noncore balancing storage assets based on the customers' annual average usage as a percentage of SoCalGas' average annual system usage. This amount of the balancing storage assets will be assigned to and remarketed through SoCalGas' at -risk unbundled storage program. If a customer elects to return to monthly balancing from Self -Balancing durin, the annual election period, then the same amount of storage is reassign&. back to bundled balancing. Balancing assets for the core market as a whole are included in the allocation of balancing to the core described in Section 21 3. 5 Limitations on Self -Balancing Option. There are no limitations on how many noncore (including wholesale) customers or CAT marketers may elect the Self -Balancing Option, or on the amount of load that may be subject to the Self -Balancing Option. __> 3.6 Credit for Self -Balancing: Those customers and CAT marketers electing Self -Balancing will receive a credit equal to $0.0159 per decatherm times their actual monthly metered usage. 2.3.7 Monitoring the Effect of Self -Balancing on OFOs: The Parties, through the OFO Forum, will monitor the response to the Self -Balancing option and the impact on OFOs_ After reviewing the data, the OFO Forum may recommend revising the Self -Balancing option and/or pipeline operating parameters. 1.2.4 Self -Balancing Option Terms and Conditions: Customers electing the Self - Balancing option will be subject to the following terms and conditions- 1 Election of the Self -Balancing option is made annually in February and is effective for a minimum term of one year from April 1 through March 31. After the initial year, a customer who previously elected to Self -Balance, may elect back to bundled balancing during the election period. A multi- year election to Self -Balance may also be made, but not extending beyond March 31, 2003. Circumstances ma also arise which would require a customer to change its self -balancing election during the year. Subject to Rule t 1 of the CPUC Rules of Practice and Procedure, Rule 601 et seq. of th(: FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPC'(' Promising Gus Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement 2.4.2 Customers will be responsible for tracking their own daily imbalance position. SoCalGas will not be required to provide warnings or other notice, even if a customer is falling outside the prescribed Self -Balancing requirements. 2.4.3 CAT marketers electing the Self -Balancing option will have their daily imbalances calculated on an estimate of their customers' daily gas usage. For CAT marketers whose demand is smaller than five percent (5%) of the core market (based on annual demand), daily usage will be determined using the first 24-hour forecast available each day. For CAT marketers whose demand is greater than or equa'. to five percent (5%) of the core market, daily usage will be determined using an end of the gas day forecast, reflecting actual weather conditions rather than forecast weather conditions. For any CAT marketer electing Self -',Balancing, the applicable daily usage forecast will also be used to calculate its monthly cumulative imbalance available for trading or carry forward as described below in Section 2.1.4.9. The OFO Forum may review and make recommendations to address impacts on OFOs and/or EFOs that may arise due to CAT marketers electing Self -Balancing. ?-4.4 Customers electing the Self -Balancing option will be subject to two imbalance limits each day. 1 1.4.4.1 The daily imbalance cannot exceed plus or minus five percent (±5%) of that day's metered or forecast usage. This tolerance does not change on OFO or E-OFO days applicable to the Self -Balancing customer; and 2.4.4.2 The accumulated daily imbalance cannot exceed plus or minus one percent (± 1 %) of that month's Usage. Each month's usage for this purpose will be set prior to the month based on usage of the customer in the same month of the prior year. This tolerance does not change on OFO or E-OFO days applicable to the Self -Balancing customer. ,.2.45 SoCalGas will calculate the daily imbalances after the calendar month for each balancing entity electing this option after processing the applicable meter data. Daily imbalances for Cia.T marketers will be based on their daily usage as described in Section above. ? 2.4.6 Noncompliance charges will be calculated for customers electing the Self - Balancing option as the sum of the following: 3 2.4.6.1 For each non-OFO or non-E-OFO day, a noncompliance charge equal to $1.00 per decatherm per da_, for each day when the daily imbalance exceeds f5 percent of the daily metered or determined usage. 2.4.6.2 For each OFO or E-OFO day, ':he rate for calculating a noncompliance charge shall use the greater of the rate of $1.00 per decatherm per day described 111 Section 32.8.1 or the rate applicable tier calculating OFO or E-OFO noncompliance charges. pa-t 3 I Subject to Rule 51 of the CPUC Rules of Practice and Procedure, pr i I I 2000 Rule 601 et sea- of thr FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ('P1,( Promising (ras Optiofis 1.99-07-003 Comprehensive Gas OII Settlement Agreement 12.4.6.3 For each day including OFO and. EFO days, a noncompliance charge equal to S 1.00 per decatherm per day for each day when the accumulated daily imbalance exceeds ±1 percent of the preset monthly usage. ;.2.4.6.4 For each OFO day or EFO day oil which a Self -Balancing customer exceeds its daily imbalance limit in a direction opposite to that of the OFO or EFO situation, there will, be no noncompliance charge under Section 3.2.4.6.3 above. For example, under a high inventory OFO, a balancing entity with a negative daily imbalance exceeding -5% would not receive a noncompliance charge for this situation. 3.? 4.7 Monthly cumulative imbalance trading is allowed. Any gas imbalances remaining after the trading period that are in excess of plus or minus one percent 1%) of the monthly usage viill be cashed out at the highest cash - out price indicated in Schedule for imbalances in excess of 10%. Any carry forward amount will set the beginning accumulation level for the next month. No daily trading during the month of imbalance position or rights is allowed except on noncore OFO and E-OFO days as allowed for bundled balancing customers. However, trading of OFO day imbalance rights (chips) will be allowed as provided in Section below. 12.4.8 Following each annual election period, SoCalGas will report within 30 days on its GasSelect system the percentage (based on annual demands) of the core and noncore markets electing to Self -Balance. Specific customers or entities electing the Self -Balancing o.qion will not be identified. 3.3 Electronic Trading of Imbalances [Including Rights] 64 I Summary of D.99-07-015: The Commission provisionally finds that shippers should be allowed to trade or sell imbalance rights since they pay for a balancing tolerance as a component of their intrastate transmission rates and are entitled to have the plus or minus tolerance on a daily or monthly basis. The trading of imbalance rights would give shippers the ability to adapt to daily balancing rules, where they apply, during a given day's nomination cycles. The Commission finds the concept of imbalance trading to hold sufficient promise to merit further inquiry. The Commission also encourages parties to consider whether a mechanism could be developed to produce the hoped -for benefits versus its costs. (pp. 41-44, FoF 24-26, Appendix C) 3.3? Anonymous Monthly Imbalance Trading 3.3.2.1 Current SoCalGas Platforms for Monthly Imbalance Trading: SoCalGas currently provides a platf,,tm on GasSelect [insert more descriptionJ_ 1.3.2.2 Provider of Electronic Imbalance Trading System: SoCalGas will contract with an affiliate of Altra Ercrgy Technologies, Inc. (ALTRA®) to provide the monthly imbalance tradrl�g platform using their Altrade® Subject to Rule 5' of the CPUC Rules of Practice and Procedure, t i j �j�i Itl Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, .and Section 1152 of the California Evidence Code ('Ptit Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement product. The sole source provision of this contract will be in effect through December 31, 2002. Once SoCalGas finalizes a contract with ALTRA, a copy of the contract will be provided .c the Parties, subject to a confidentiality agreement. At the end of this sole -source period, any other TPSP may provide service in competition with ALTRA. At that time, SoCalGas will provide a customer ser,✓ice and data interface with all interested TPSPs offering electronic imbalance trading. 3.1.2.3 Principles for Imbalance Trading System: The following principles are agreed to in order to mitigate concerns about the market relying on a sole - source provider during this market development period. 3.3.2.3.1 SoCalGas will continue to provide its platform for entities to post and confirm monthly imbalance traces without charging transaction fees. -3 2.3.2 Use of the anonymous trading platform is voluntary. 3.3.2.3.3 AURA is a logical sole -source; provider. ALTRA is well recognized as an industry leader in buildin;_, and servicing electronic trading platforms. ALTRA is accorded .a similar sole -source provider role for the same time period under the PG&E settlement filed in L99-07-003 on January 28, 2000, and pending Commission approval. 3..2.3.4 Entities with currently-effectiv.: ALTRA contracts will not have to pay added monthly subscription fees. A smaller fixed subscription fee will be made available for those entities who only want to use ALTRA for imbalance trading, and not commodity trading. The monthly subscription fee will be credited against transaction fees up to that amount. Subscription fees are needed in addition to transaction fees because experience is that entities will use the price discovery information available on the trading screens to do their own deals outside the trading platform. These deals can then be reported through SoCalGas' existing platform, thus avoiding transaction fees. 3 ).2.3.5 Each trade will be subject to buyer and to seller transaction fees for each decatherm traded. The tr�disaction fee provides an incentive for ALTRA to encourage trading plume, which in turn improves liquidity and price discovery. 'These fees will be charged in a non- discriminatory manner, but co_ild include tiered pricing. The transaction fees will be capped during the sole -source period. 3 3.2.3.6 SoCalGas will be entitled to retain a share of ALTRA's transaction fee to assist in offseting SoCalhias' transaction and credit costs, as well as reflecting the value SO(__alGaS brings to this service, subject to the cap provided in Part 1, Section 1.6.1.1 of this Settlement Agreement. The fee sharing vein also provide an incentive to SoCalGas to encourage use of this trading service. The fee shall be established by ALTRA with any revenues shared between ALTRA and SoCalGas as mutually agreed between SoCalGas and ALTRA. Subject to Rule ` of the CPUC Rules of Practice and Procedure, i,it t I7 ?()l II Rule 601 et sec. of it,(! FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CP1 'C Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement -1.3.2.3.7 ALTRA will operate the trading system and retain ownership of all software. ALTRA will be responsible for all maintenance and operation costs associated with operating the Altrade trading platform. 3.3.2.3.8 SOCa1Gas shall not influence, in any way, ALTRA's selection of trading partners, business associations or contracts with any third party operating on the SoCalGas system, other than in matters of routine credit and nomination capacities envisioned by this Settlement Agreement. 3.3.2.4 System Features for Electronic Imbalance Trading System: The following provisions will be part of the monthly imbalance trading system limitations and features. 3.3.2.4.1 The electronic trading platform will allow a balancing agent to post either a bid to purchase imbalance gas or to post an asking price to sell imbalance gas. Other parties will be able to monitor these postings and accept the posted offer or make a counter-offer. When two parties agree on price, ALTRA will manage the transaction by adding imbalance gas to the Purchaser's account and subtracting imbalance gas from the Seller's account. The Purchaser is then billed for the agreed upon price, and payment is made to the Seller for the same amount. 3.32.4.2 Anonymous trading on ALTRA platform will not be required to abide by all the imbalance trading limitations in SoCalGas' tariffs during the trading period. However, the final summation of the imbalance trades completed on ALTRA's trading platform and those posted on SoCalGas' platform will be subject to SoCalGas' tariffed balancing limitations and cash -out provisions. The limitations include: no trading across months; trading cumulative imbalances towards zero; trading results in a cumulative imbalance that is within the range of plus or minus three percent of usage past zero; and trading into or out of on -system storage accounts vh1ch have documented inventory gas or space available./???J 3 3.2.4.3 SoCalGas and ALTRA will establish an electronic link to transfer data on current account balances and to update these accounts once the imbalance trading period ends. ALTRA will send its trading results to SoCalGas. SoCalGas will add additional trades that are confirmed through SoCalGas' current platform and add trades between storage accounts. Th final ending imbalance position for each balancing entity will be used to determine any cashout or carry forward amounts based on the males in SoCalGas' tariffs. 1.2.4.4 Entities will be subject to tradFig limitations based on individual credit limits and system operating limitations. SoCalGas will revise its creditworthiness requiremcuts in its tariffs to reflect these transactions. SoCalGas will bey responsible for providing ALTRA with these trading limits. AURA will not allow an entity to 1,ai _, j4 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, ill i j 2000 Rule 601 et seq. of tha FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CM C Prornising Gas Options L99-07-003 Coiiprehensive Gas 011 Settlement Agreement complete a trade if their limit would be exceeded by completing the trade. 3.".2.4.5 SoCalGas will accept the credit risk for entities which are SoCalGas customers approved for this program, including designated marketers and CAT marketers. If a Purchaser accepts a trade and fails to pay its trading position (either buying or selling imbalance gas) when billed by ALTRA, SoCalGas will guarantee payment to the Seller in the transaction. SoCalGas will then take collection action against the Purchaser, including late fees and, if appropriate, cashouts in accordance with requirements r,f SoCalGas tariff provisions regarding balancing. 1.1.2.4.6 To encourage additional liquidity, ALTRA may allow market makers that have no imbalances on the SoCalGas system to participate in imbalance trading. ALTRA will be responsible for credit approval and collection for these market makers, pursuant to its agreement with SoCalGas. Market makers will be required to have zero imbalances at the end of the trading period. ALTRA may institute additional rules to enforce this requirement and ether conditions needed to conduct business. 0.4.1.1.1 On -system, non-SoCalGas storage facilities may participate under the same terms and conditions app iicable to imbalance trading with SoCalGas' storage and/or hub services. z.3.3 Trading OFO Day Imbalance Rights 3.3.3.1 Objectives: SoCalGas and ALTRA Nvill implement a mechanism to allow trading of imbalance rights for each 0170 day using the same electronic platform as for monthly imbalance trading. The objective is to provide balancing entities the opportunity after the fact to reduce or eliminate OFO noncompliance charges, and to create value for those entities who are within the specified OFO day tolerance band. Trading these rights does not change the physical imbalance position of the entity or the pipeline. Trading these OFO day rights also avoids the problem of significant retroactive accounting adjustments which would be needed if physical imbalances for the OFO day were traded. OFOs will be called on the SoCalGas system independently for noncore and core markets_ OFO imbalance trading described below can occur only within class (core or noncore) for which an OFO has been called on a particular Lay, except that if an OFO is called on the same day for both core and noncore markets, daily imbalances can be traded between as well as within the two classes for that day. 3.3.3.2 Market Benefits: A daily balancing; tolerance level of ±10% is specified for each day an OFO is called. If a --alancing entity has an imbalance outside this tolerance level for that OFO day, it is subject to noncompliance Pa'_ C .> > Subject to Rule of the CPUC Rules of Practice and Procedure, 1 I 0 t() Rule 601 et sue_ of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPC C Prorncsing Gas Options I.99-07-003 Comprehensive Gas OII Settlement Agreement charges. If a balancing entity has an imbalance that is within this tolerance level for that OFO day, that entity receives no benefit for helping the situation. With imbalance rights trading, there is an opportunity for the balancing entity that is within the tolerance level to gain value from this position, while helping the balancing entities outside the tolerance band to reduce their noncompliance charges. 3.3.3.3 Establishing and Trading Imbalance Rights: The approach is to establish imbalance rights, or chips, for each balancing entity for each OFO day, and then to allow the trading of these rights. The following describes this mechanism. �.3.3.3.1 The imbalance rights or chips are calculated as the difference on that OFO day between the entities' imbalance and the OFO tolerance level. Chips are positive (black:) for those entities whose imbalances are within the tolerance level, and negative (red) for those entities that are outside the tolerance level zaid subject to noncompliance charges. One chip is given for each deca':herm of difference. ?.3.3.3.2 Each chip is dated corresponding to a specific OFO day. Chips can only be traded with those of the Same date. In other words, imbalances and noncompliance, charges cannot be traded between different OFO days. Unlike cumulative imbalance trading, gas in storage accounts will not be eligible to create positive chips or to offset a negative chip position Juning the imbalance rights trading period. Trading between different OFO days and using storage after the gas day occurs would chan,2,e the incentive of balancing agents to comply with the OFO on that particular day. Trading of chips does not change these incentives to comply with the OFO order. 3.3.3.3.3 ('hips are cleared after the month is over. For example, if there were five different OFO days during the previous month, each balancing entity would have five separate trading accounts and associated chips. .3.4 For each individual OFO day, ,:ntities with positive (black) chips will be able to sell them at a mutually agreed upon price to those entities needing to offset their negative (red) chips. The market would establish the price for positive chips. It is likely that the price to buy positive chips would be much lower than the noncompliance charge if a large number of entities are below the tolerance band and are competing to sell their positive chips. When only a few entities have positive chips for sale, the price would likely be close to the noncompliance charge, but shot.11d never exceed the noncompliance charge. 3.5 Those entities with net negative (red) chips remaining after the trading period would be billed for the ,ommensurate noncompliance charges I -or the related OFO. It is possible, although not likely, that an entity who was physically in balance during the OFO could end up in a negative chip position and pay noncompliance charges. Yap` 36 Subject to Rule 5 1 of the CPUC Rules of Practice and Procedure, Ai iI j j - ' 000 Rule 601 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, ar,d Section 1152 of the California Evidence Code CPf ('Promising Gas Options L 99-07-003 Comprehensive Gas OII Settlement Agreement 3.3.3.4 Electronic Trading and Confirmation System: Electronic trading and electronic confirmation of offline trades of OFO day imbalance rights (chip) will be included as part of the sole -source contract with ALTRA, and subject to the terms of that contract. Under this contract, ALTRA and SoCalGas will establish the necessary interfaces, and ALTRA will provide the necessary screens and trading platfbrm. SoCalGas will ensure its systems will verify compliance with the trading rules, record the trades, and adjust the payments of noncompliance charges accordingly. 6 4.1.1 Electronic Trading Fees: A monthly subscription fee will be required if the customer does not already subscribe to ALTRA. A smaller fixed subscription fee will be made available for those entities who only want to use ALTRA for imbalance rights trading, and not commodity trading. ALTRA will charge a transaction fee to both the buyer and seller performing electronic trading or electronic confirmation of offline trades. This fee will be capped, and any discounts made available on a nondiscriminatory basis. SoCalGas -lay receive a share of these fees, subject to mutual agreement between SoCalGas and ALTRA. SoCalGas will be entitled to retain its share of the fees, subject to the cap provided in Part I, Section 1.6.1.1 of this Settlement Agreement. 4. HUB SERVICES 4.1 Separate Utility Hub Services from Procurement Functions 4.1.1 Summary of D.99-07-003: The Commission would like to separate hub services, where possible, from the procurement function to eliminate the possibility of a conflict of interest affecting the two functions. (pp. 48-49, C'oL 10, Appendix 0 4.1.2 Current Status: SoCalGas' Gas Acquisition Department offers hub services pursuant to tariff schedule It uses storage capacity allocated to the core market (and not re -allocated to (`AT marketers) and imbalances within permitted tolerances to offer these services. Its hub revenues are included in the calculation of the GCIM penalty/reward mechanism. o 4.1 Resolution: SoCalGas' Gas Acquisition Department will continue to be allowed to offer hub services. It will be restricted to using storage capacity allocated to it and any other storage rights it may acquire in the secondary market. It will be restricted to the use of only those storage capacities for all purposes, including balancing its own purchases and deliveries and its h.t ' .i ' Subject to Rule 5' of the CPUC Rules of Practice and Procedure, V l 'i)(li Rule 601 et se7c�. of t-e FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ( 'P1 i(' I'i-orrusing Gas 01)1ions 1.99-07-003 Comirehensive Gas OIl Settlement Agreement provision of hub services. The cost of such capacity is allocated pursuant to this Settlement Agreement solely to core ,procurement customers and SoCalGas' Gas Acquisition Department cannot offer hub services using capacity whose cost is allocated to other customers. Therefore, revenues from hub services provided by the SoCalGas Cias Acquisition Department will not be allocated to any customer class other .han core procurement customers during the term of this Settlement Agreement. The revenues will remain included in the calculation of the GCIM penalty/reward mechanism, subject to modification of that mechanism during I.'-ie term of this Settlement Agreement. In addition, the provisions of this Settlement Agreement with respect to storage may leave SOCa1Gas with storage capacity that is not contracted for on a firm basis (through the open season process or negotiated storage contracts) or assigned to SoCalGas' Gas Acquisition Department. This Settlement Agreement provides that SoCalGas may offer hub services with this uncontracted-for and unassigned storage capacity through a "pipeline" department of SoCalGas (such as its Gas Operations Department) that is wholly separate from SoCalGas' Gas Acquisition Department. This pipeline" hub service would be basically the same in concept as the PG&E "Market Centel-". SoCalGas' "pipeline" hub shall use no assets held by the SOCaIGas Gas Acquisition Department. There shall be no communication of nonpublic information between the two SoCalGas departments operating the two SoCalGas hub services regarding tLnr respective hub services. If SoCalGas wishes to offer "pipeline" hu'_, services, it shall file tariffs covering them with the Commission, and the Commission shall not withhold approval of such tariffs that are consistent with the terms of this Settlement Agreement. The maximum rates for such hub services shall be consistent with the maximum rates for storage contracts provided in this Settlement Agreement. The revenues from "pipeline" hub services shall be subject to the at -risk provisions of Section 2.3 of this Settlement Agreement. �. CORE PROCUREMENT 5.1 Re-examine Utility Role in Core Procurement Once a Specified Competitor Market Share Has Been Achieved 5.1.1 Summary of D.99-07-003: The Commission recommends the re-examination of local distribution company core procurement and the default provider function if market share exceeds 30% c: the number of customers, but even at that point the Commission has seen no compelling reason to eliminate local distribution company procurement service as an option for core customers. I'ay ( 18 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Apr i j �(10t1 Rule 601 et sue. of th,i ERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ('[,I 4' Promising Gas Options I.99-07-003 Comprehensive Gas OII Settlement Agreement (pp.50-59, Appendix C). 6.4.1 Current Status: SoCalGas and SDG&E offer procurement service to all core customers and are the default option for core procurement service. They each have a core procurement market share o f over 95% by volume. AB 1421 was enacted in 1999 after the issuance of D.99-07-015 and addresses the role of the local distribution utility in providing core procurement service. 5.1.3 Resolution: The parties shall, within three months after Commission approval of this Settlement Agreement, use their respective best efforts to negotiate and enter into a separate settlement agreement on the following two issues: l . The parties shall consider competitive alternatives for providing procurement service to customers who do not choose a competitive provider. Such alternatives to be considered shall include, but not be limited to, physical separation of the procurement department; new practices regarding functional separation; outsourcing of all or part of the procurement function in a competitivz-1y neutral fashion through a competitive bid procedure which would not exclude participation by affiliates; and combining the SoCal(ias and SDG&E procurement functions; and 2. The parties shall specifically consider performance mechanisms to provide SoCalGas and SDG&E with financial incentives, including, but not limited to, new performance incentDre mechanisms based on objective measures of how well the utilities provide service to competitive suppliers (ESPs/CATS) and their effectiveness in implementing any changes proposed or adopted for energy commodity procurement services. Any such settlement of the foregoing tv� o issues shall consider the economic value to core ratepayers and the utilities' shareholders from the current practices used to provide these services; consumer protection; and promotion of competition. If the parties cannot reach agreement on both issues within such three-month period, SoCalGas and SDG&E shall, within six months after Commission approval of this Settlemera., file an application with a proposal to address these issues. Nothing in this Settlement Agreement commits any Party to support or not oppose any issue considered in this process, and nothing in this Settlement Agreement commits the Commission to approve any proposal made pursuant to this Section. 5.2) Eliminate Core Aggregation Transportation Thresholds after Adoption of Consumer Protection Measures Pa t' 9 Subject to Rule 5' of the CPUC Rules of Practice and Procedure, Apri 1 17, 2000 Rule 601 et sue. of tt e FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code (PI %t I'ronnsing Gas Options 1.99-07-003 Comprehensive Gas 0I1 Settlement Agreement 5.2.1 Summary of D.99-07-015: The Commission believes the lifting of the core aggregation threshold and core participation cap will expand the competitive options available to residential and small commercial customers. (pp. 59-61, FoF 30, Appendix C) 5.2.2. Current Status: Currently, there is a 250,000 therms/year minimum threshold size on any persons seeking to qualify as or remain a core aggregation transportation marketer on SoCalGas or SD(_i&E's systems. [SoCalGas has filed advice letter for temporary deviation pending this settlement?] Also, there is10% cap on the percentage of total core market share by volume that can be served by core aggregation transportation marketers ox.-t the systems of SoCalGas and of SDG&E, but SoCalGas and SDG&E are obliged to file for Commission review of this cap once the actual market share reaches 8%. 5.2.3 Resolution: CAT Participation Threshold: There will be a reduction in the CAT program minimum size requirement from 250,000 to 120,000 therms per year in order to provide statewide consistency, upon the effective date of this Settlement Agreement. Market Threshold: There will be no cap on core market share participating in the CAT program in order to provide statewide consistency, upon the effective date of this Settlement Agreement. Neither the reduction in participation threshold nor the elimination of the cap on market share are contingent on the passage of any legislation regarding consumer protection. This Settlement Agreement does not address the issue of consumer protection measures, except as provided in Section 7.2.4. Consistency with Electricity: This Settlement Agreement endorses the principle that the gas utilities move toward standards and requirements that generally mirror the electric utility Direct Access Service request standards and requirements. It is important for energy service providers have, only one set of rules and standards across both fuels to the extent possible. Where difficulties in consistency arise, it is proposed that the Rule 22 group, which has assisted in the establishment of electric restructuring standards or a similar group, hold workshops to address consistency issues across both fuels. 5.3 Unbundle Utility Interstate Capacity Costs for Core Customers 5.3.1 Summary of D.99-07-015: The Commission recommends the unbundling of interstate capacity costs for SoCalGas, which may enhance the opportunities for competition for core customers. as marketer, search for ways to beat SoCalGas' l'a,;c 40 Subject to Rule 51 a the CPUC Rules of Practice and Procedure, Apr]: 17 000 Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CIII,('Promising Gas Options1.99-07-003 Comirehensive Gas OII Settlement Agreement costs for inter -state transportation. PG&E a:id SDG&E have already unbundled such costs. (p. 49 [44], pp. 60-61, FoF 31, .Appendix C) 5.3.2 Current Status: The cost of interstate pipeline capacity on El Paso and Transwestern held by SoCalGas to meet requirements of the total core class remains bundled in transportation rates. The Commission in 1995 ordered SoCalGas to file an application by the end o 1997 to unbundle core interstate capacity by the end of 1998. The Commission dismissed that application in late 1998 because of the intervening passage of SB 1602 that imposed a moratorium Oil such actions until 2000. CAT marketers are currently entitled to assignment by SoCalGas at the full as -billed rate of a share of El Paso and Transwestern capacity prorata to their core market share. SoCalGas' contract with Transwestern expires on October 31, 2005 . SoCalGas' contract with El Paso expires on August 31, 2006. 5.3.3 Resolution: SoCalGas will unbundle core, interstate pipeline costs upon the effective date of this Settlement Agreement. As of that date, CAT marketers will be responsible for arranging on their own for the delivery of gas supplies to the SoCalGas system, and will not receive an assignment of any interstate capacity from SoCalGas. CAT customers' transportation rates will no longer include the as billed cost of interstate capacity held b,� SoCa1Gas. The stranded costs associated with such unbundling will be recovered by SoCalGas as described below. 3.3.1 The initial reservations of interstate capacity for the core market as a whole for the term of this Settlement Agreemen,� are established as of the effective date of this Settlement Agreement as 300 TsiMcfd on Transwestern at North Needles, 300 MMcfd on El Paso at Tepock, and 444 MMcfd on El Paso at Blythe (Ehrenburg). �.3.3.2SoCalGas shall release in the secondary market an amount of core interstate capacity proportional to the percentage. of core market demand served by CAT' marketers. This amount may be modified from month to month as the percentage of core market demand served by CAT marketers changes. All capacity released as a result of core market share being served by CAT marketers shall first be capacity on E1 Paso at Blythe until all 444 MMcfd of capacity at Blythe has been released. Any capacity released beyond 444 MMcfd shall be released equally beta✓een Transwestern at North Needles and El Paso at I opock. S 3 3.3SoCalGas shall have discretion as to how to release capacity that is stranded as a result of core interstate capacity unbundling. SoCalGas generally expects to release this capacity on a month -to -month basis, but may release capacity for a longer period if in SoCalGas' judgment doing so would reduce the amount of stranded costs. SoCalGas may receive a price for released capacity greater than the as -billed rate to the extent 1iermitted by FERC Order 637 or any successor provisions of federal law Dr regulations. SoCalGas' exercise of discretion in releasing capacity shall-iot be challenged in reasonableness ;,age 1 Subject to Ruie 51 of the CPUC Rules of Practice and Procedure, F:ule 601 et sec . of the FERC Rules of Practice, Rule 408 of the Federal tiprt l 17, 2000 Rules of Evidence, and Section 1152 of the California Evidence Code (,I,l (' pror»tsing (:;as Options L99-07-003 Comprehensive Gas OIl Settlement Agreement: reviews or any other proceeding, except if SoCalGas violates any regulations of this Commission or the Federal Energy Regulatory Commission that are generally applicable to releases of capacity by holders of firm interstate pipeline capacity. No portion of any d`f,rence between the revenues from releasing interstate capacity held for the core or noncore customer classes and the as -billed cost of that capacity to SoC alGas shall be allocated to SoCalGas shareholders for the term of this Settlement Agreement except as provided in the preceding sentence. 3.3.4The stranded costs arising from the unbt_tndling of core interstate pipeline capacity will be quantified as follows: a) the volume of core capacity released on El Paso at Blythe times the difference between the El Paso as -billed rate and the average price received for core and noncore capacity released by SoCalGas on El Paso at Blythe; plus b) the volume of core capacity released on El Paso at Topock times the difference between the El Paso as -billed rate and the average price received for core and noncore capacity released by SOCa1Gas on El Paso at Topock; plus o the volume of core capacity released on Transwestern times the difference bel.ween the Transwestern as -billed rate and the average price received for core and noncore capacity released by SoCalGas on Transwestern (i.e., the stranded cost per unit of released capacity at each receipt point will be the same to F released core and released noncore capacity.) All revenues from any rele<,se of capacity at a price above the as billed rate will be credited first to reduce the stranded costs that would otherwise be borne by SoCalGas custciners, and any excess would be used to reduce rates to SoCalGas customers. 3.3 5Allocation of stranded interstate capacity costs between core and noncore customer classes will be as follows: For the period from the effective date of this Settlement Agreement through December 31, 2001: There will be no change in the allocat on between customer classes of stranded costs related to interstate capacity held for the noncore market (Le., capacity held by SoCalGas on El Paso and Transwestem in excess of a total of 1044 MMcfd) from the allocation in place as of the time of the filing of this Settlement Agreement. Stranded costs associated with the reL.ase of core interstate capacity will be allocated 50% to core customers in their transportation rate (i.e., to core utility procurement and CAT customers equally) and 50% to noncore customers; provided, however, that if the amount of stranded core interstate capacity costs that would otherwise be allocated to noncore customers under a 50/50 allocation would exceed S2 million in calendar year 2000 or $5 million in calendar vear 2001, the amounts above $2 million in 2000 and above $5 million in calendar year 2001 will be allocated to CAT customers only and not to noncore customers. The $2 million and $5 million caps on allocation to the 1' 42 Subject to Rule G,1 of the CPUC Rules of Practice and Procedure, Rule 601 et sN. of the FERC Rules of Practice, Rule 408 of the Federal N it 11 17, 2000 Rules of Evidence, and Section 1152 of the California Evidence Code CPU(_ Prorui.siug Gas Options L 99-07-00.3 Comprehensive Gas 01I Settlement Agreement noncore market will not be pro rated for effectiveness of this Settlement Agreement for only a portion of a calendar year. For the period from January 1, 2002, thr,_-,ugh the remainder of the term of this Settlement Agreement: of All stranded costs associated with interstate capacity in excess interstate capacity held for the noncore market will be allocated exclusively to the noncore market. Core customers will no longer be allocated any share of the stranded costs of capacity held for the noncore market. All stranded costs associated with inters'. -ate capacity held for the core market will be allocated exclusively to core customers. Noncore customers will not be allocated any share of the stranded ecst of capacity held for the core market. Stranded costs associated with core interstate capacity will be allocated within the core market as follows: Stranded costs associated with the release of the first 7% of interstate capacity held for the core market (i.e., 7% of 1044 MMcfd, or 73.08 MMcfd) will be allocated to all core customers on an equal cents per therm basis in the transportation rate (equally to core utility procurement and CAT customers). Stranded costs associated with any amount of core interstate capacity released in excess of 7% of the total capacity hell for the core market will be allocated between core residential and core non-residential customer classes in proportion to the percentage of total core CAT market share that has been elected by customers in each such core customer class. For example, if 70% of all CAT volumes are in the core non-residential class, then 70% of the stranded costs associated with capacity released in excess of 7% will be allocated to the non-residential core class and the remaining 30% to the core residential class. Within each core class, the stranded costs will be recovered in the transportation rate (equally to utility procurement customers and CAT customers). 3.3.6At least 20 days prior to the effective date of this Settlement, SoCalGas shall file an advice letter to adjust rates, consistent with this Settlement, to recover a forecast of the amount of stranded costs from core interstate capacity unbundling to be incurred in the calendar year in which this Settlement becomes effective. SOCa1Gas shall adjust its rates effective on January 1 of each year thereafter to reflect a forecast of stranded costs for that calendar year. Any difference between the amount of stranded costs forecast in setting rates and the recorded amount of stranded cost from core interstate capacity unbundling shall be tracked with interest at the short-term paper rate and subsequently recovered or refunded in rates. Pa,r 43 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, qpri; t 2000 Rule (301 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, aid Section 1152 of the California Evidence Code ( T I t - I Fonusing Gas Options 1.99-07-003 Comprehensive Gas 011 Settlement Agreement ';.4 Unbundle Utility Storage Costs for Core Customers [Served by CAT marketers and Wholesale customers] 5.4.1 Summary of D.99-07-015: The Commission recommends exploration of the unbundling of storage costs for core customers. (p.49) 5A.2 Current CAT marketer and Wholesale Storage Provisions: Currently, each Core Aggregation Transportation marketer I SCAT marketer) is assigned a pro rata share of the total core allocated storage. So-CalGas and SDG&E's tariff schedules require that CAT marketers must fill and maintain their allocated storage inventory within specified limits to aid in customer cold weather system reliability. Currently, wholesale customers are treated like all other noncore customers for purposes of access and use of SoCalGas storage. Wholesale customers contract for storage from SOCalCraS pursuant to unbundled storage service tariff schedules. 5.4.3 Unbundling Storage Costs for CAT marketers and Wholesale customer core loads: Parties agree to unbundle core storage costs for CAT marketers pursuant to the provisions below. Parties also agree 0 special provisions for core loads of wholesale customers of SoCalGas as described below. 04.1 Provisions for CAT marketers on the SoCalGas system: The following describes the structure and timing of the CAT marketer storage choice. Final details will be included in the tariff changes needed to implement this program. Prior to any elections by CAT marketers provided by this Settlement Agreement with respect to storage capacity., the total ar-iount of SoCalGas storage capacity reserved for the total SoCalGas core market. (not including core requirements of SoCalGas wholesale customers) is as follov,s: For reliability and balancing purposes: 35 8cf of inventory, 234 MMcfd of injection, and 1935 MMcfd of withdrawal. For all other purposes: 20 Bcf of inventory, 93 MMcfd of injection, 0 (zero) MMcfd of withdrawal. 5.4A.1 Core Storage Rate Treatment: As of the effective date of this Settlement Agreement, core storage costs will be recovered from core customers taking procurement service from SoCalGas through monthly core procurement rates and from CAT marketers througI i monthly fees to the extent they do not or cannot reject a reservation of core storage on behalf of their core transport customers. SoCalGas will not be at risk for the recovery of storage costs reserved for core customers taking procurement service from SoCalGas, except to the same extent as SoCalGas may be put at nsk, if at all, for local transmission and distribution costs of serving its core customers during the term of this Setcicment Agreement. The amount of storage reserved for SoCalGas core customers taking procurement service from SOCaIGas will be the total core reserved quantities for reliability/balancing and non -reliability balancing, less the amount reserved Pa` t 44 Subject to Rule 51 crf the CPUC Rules of Practice and Procedure, Apn 17 2OOt) Rule 601 et sec. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code (PT '( ' Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement for CAT marketers prior to CAT marketers declining any amount of reserved reliability/balancing or non -reliability balancing storage. 4.4.2 CAT Marketer Storage Reservations: An allocation between SoCalGas' utility core procurement customers any CAT marketers of the total core market reservations of storage inventory, injection, and withdrawal capacity for reliability/balancing purposes and for other purposes will be calculated each year in February based upon the ratio of the BCAP-adopted total core market annual throughput and the CAT marketer group contracted volumes for the subsequent winter season using :the core customer requests for CAT service that have been processed to date. An allocation among CAT marketers of the total annual reservaticros for CAT marketers will be made at the same time based on the core customer requests for CAT service that have been processed to date for each ('AT marketer. 64 1.1 CAT Marketer Option to Accept or Rciect Storage Reservation for Non- Reliability/Balancing Purposes: Each year between about February 15 and March 1, CAT marketers will be given the option to accept or reject any portion, up to 100%, of their Annual Reservation of storage for non- reliability/balancing purposes for the storage year of April 1 through March 31. Rejections must include inventor/, injection and withdrawal in the same proportion as the total core stora,p2e reservation for non- reliability/balancing purposes. There is no limit on the amount of non- reliability/balancing storage reservation that can be rejected by CAT marketers as a group. CAT marketers will be able to make adjustments to their annual election for increases or decreases in loads during the Intra- Year Adjustment period described below. 0,4.12 CAT Marketer Option to Accept or R;:ject Storage Reservation for Reliability/Balancing Purposes: Each year between about February 15 and March 1, CAT marketers will be given the option to accept or reject any portion, up to 100%, of their Annual Reservation of storage for reliability/balancing purposes for the storage year of April 1 through March 31, subject to limitations on the rejection of reliability/balancing storage by the CAT market as a whole described below.. Rejections must include inventory, injection and withdrawal in the same proportion as the total core storage reservation for reliability/balancing purposes. CAT marketers will be able to make adjustments to their a'Anual election for increases or decreases in loads during the Intra-Year Adjustment period described below. 4A.5. Initial Partial Year Option: If this Settlement Agreement is effective on or before December 1, 2000._ any CAT rtlarketer may reject all or a portion of its core storage allocation in effect immediately prior to the effectiveness of this Settlement Agreement for the period from the effective date through March 31, 2001, subject to the followrig limitations: the Cap specified in Section 2.5.4.6 belo)x,. A CTA rey'sting storage must sell the gas from PaL;c 4Subject to Rule 51 o' the CPUC Rules of Practice and Procedure, bpi i �(10O Rule 601 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ( '1'1, Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement the portion of its storage account that it rejects to PG&E's Core Procurement Department at a weighted average Core Procurement price (Schedule G-CP) for the months that the Core Procurement Department has injected gas during its current or most recent injection season. A CTA must also certify Alternate Resources pursuant to Section 2.5.4.11 below. The PG&E Core Procurement Department's Benchmarl< under its Core Procurement Incentive Mechanism (CPIM) will be adjusted by adding the costs associated with the purchase of this C'1A storage gas.. 5.4.4.6 Cap on Rejected Reliability/Balancin Storage Allocations: During the period from the effective date of this Settlement through March 31, 2003, the total amount of core storage allocations for reliability/balancing that can be rejected by all of the CAT marketers combined is capped for each storage season (April 1 to March 31) at 15% of the total core storage reservation Ior reliability/balancing; i.e., the cap is 5.25 Bcf, 35.1 MMcfd of injection, and 290.25 MMcfd of with(l.rawal. To the extent that rejected annual CAT marketer allocations amount to more than this cap, the amounts that exceed the cap will be reassigned to CAT marketers in proportion to the amounts they have rejected. This Settlement Agreement does not resolve whether there will be caps on rejection of reliability/balancing storage by CAT marketers for the period from April 1, 2003 through the termination of this Settlement Agreement. This issue is left for the Commission to resolve prior to January 1, 2003. 4.4.7 Accepted and Assigned CAT Marketer Storage Allocations: For amounts of reserved storage capacity (both reliability/balancing and non- reliability/balancing) that a CAT mar[.,. -ter does not or cannot reject, the CAT marketer will pay SoCalGas monthly, over the storage year, the revenue requirement associated with that capacity as specified by this Settlement Agreement. CAT marketers must fill and maintain storage inventories on an annual cycle with respect to reserved reliability/balancing storage they do not or cannot reject as specified in the current SoCalGas tan ff (??) 4.4.8 Disposition of Rejected Core Storagc_Allocations: Core storage inventory allocations rejected by CAT marketers will be allocated to SoCalGas' at - risk unbundled storage program. 5 4.4.9 Intra-Year Rules — Increase In Load: In August of each year, based upon the CAT marketer group contracted vL�lumes for the upcoming winter season using the customer requests for CAT service that have been processed to date, SoCalGas will recalculate the pro rata CAT marketer reservations of reliability,lbalancing a.nd non -reliability balancing storage, and compare this new calculation wiili the annual storage reservations calculated at the beginning of the current storage season. If a CAT marketer's reservcd share of storage inventory has increased by more than 100,000 therms, the CAT marketer must choose whether to reject or accept PaL'k 46 Subject to Rule 51 ;)f the CPUC Rules of Practice and Procedure, Apr, 1-7. 2000 Rule 301 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code (PI, i f -Yonusing Gas 01)tions I.99-07-003 Comprehensive Gas OlI Settlement Agreement an increased reservation for all or a portion of the incremental change. This election must be made between August 15 and September 1. 5.4.4.9.1 For amounts that the CAT marketer accepts of these incremental storage rights, gas in the SoCalGas Gas Acquisition Department's storage account will be transferred to the CAT marketer account at a price that reflects a weighted average core procurement (per SoCalGas rate schedule) price L) r the months of April through October times an injection scho-Jule for the SoCalGas Gas Acquisition Department. The CAT marketer will also pay the total cost of this storage capacity for that year in payments over the remainder of the storage year. 5.4.4.9.2 For amounts that the CAT marketer rejects of the reliability/balancing reservation, Alternate Resources, in like amount, will be required as described in Section 2.5.4.11 below. Rejection of reserved reliabilitylbalancing storage is subject to any cap for the current storage season. To the extent rejected reliability/balancing storage capacity exceeds the cap during the intra-season election, the right to reject reliability/balancing storage will be pro rated among those rejecting storage capacity at this lime. 5.4.4.10 Intra-Year Rules — Decrease In Load: If the mid -year evaluation, described in Section 2.5.4.9 above, results in a decrease of more than 100,000 therms in the amount of storage inventory that would be reserved for a CAT marketer and the CAT marketer did not reject as of April 1 of that year at least as much storage reservation as the amount of its decrease, the CAT marketer must transfer to the SoCalGas Gas Acquisition Department a share of its reduced reservation in a proportion equal to the percentage of its annual reservation that it did not reject for the year. For instance, consider a CAT marketer whose annual reservation was 400,000 therms, and which did not reject 300,000 therms, or thre --quarters of its allocation. If this CAT marketer's mid -year reservation was 250,000 therms, three-quarters, or 112,500 therms of the 150,000 the:-rn reduced reservation would be transferred to the SoCalGas Gas Acquisition Department. The gas in storage will also be transferred to SoCalGas Gas Acquisition Department, which will pay the CAT marketer for the storage and gas on the same terms described in Section 2.5.4.9 above, tc the extent that the total rejected capacity has been reduced. Pag 47 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Apri 17, 2000 Rule 601 et sere . of the ]=ERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code O'( `C Promrsing Gas Options 199-07-003 Comprehensive Gas OII Settlement Agreement.- 5 4.4.1 1 CAT Marketer Certification of Alternate Resources: A CAT marketer rejecting all or part of a SoCalGas corgi storage allocation for reliability/balancing, must certify to 'SoCalGas no less than ten business days before each winter month that it has sufficient Alternate Resources in amounts equal to the amounts of withdrawal capacity associated with rejected reliability/balancing storage. The certification is that the CAT marketer has contracts for the following resources or combination of these resources which provide peak -day gas supplies equivalent to that which would have been available from the SoCalGas-allocated reliability/balancing storage that the (-AT marketer has rejected. The resources used as alternates in this certification cannot duplicate any resources offered as replacements for winter intrastate transmission capacity that the CAT marketer may be required to hold. 5A.4.1 1.1 Contracted firm storage services from SoCalGas or from an on -system CPUC-certificated independent storage provider; 5.4.4.1 1.2 Contracted firm SoCalGas backbone capacity matched with an equivalent quantity of contracted upstream gas supply, and any necessary firm upstream pipeline capacity (upstream gas supply can include a gas producer contract, or a contract with an off -system CPUC-certificated gas utility o­ independent storage provider); and/or 5.4.4.1 1.3 Third -party peaking supply arrangements, where that supply is backed up by contracts under Section 2 5.4.11.1 or 2.5.4.11.2 above. G 4 1.1 Release and Indemnification of SoCalGas: Any CAT marketer that elects to reject all or a portion of its core stora;_;e reservation for reliability/balancing shall enter into an agreement with SoCalGas releasing SoCalGas from any and all liability associated with that CAT marketer's rejection of its core reliability/balancing storage reservation. In this agreement, the CAT marketer shall be required to indemnY,1, SoCalGas for any and all losses, including direct and consequential damages, that arise (1) from any representation in that CAT marketer'� certification which turns out to be inaccurate or (n) from any failure of its Alternate Resources to perform as compared to the resources which would have been available from the SoCalGas-reserved reliability/balanci .ig core storage had this storage not been rejected by the CAT marketer. OA 1 Provisions for SoCalGas Wholesale Customer Core Loads: This Settlement Agreement does not alter any contracts ficr storage service between SoCalGas and any of its wholesale customers that are in effect at the time this Settlement Agreement becomes effective. Upon the expiration of any such contract by a wholesale customer, and immediately upon the effectiveness of this Settlement Agreement for any wholesale customer ," ho has no such contract, each wholesale customer may exercise an option to contract for a specific amount of storage capacity from SoCalGas for to meet reliability/balancing needs of its Pag( 48 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Apr} 1 ; 2000 Rule f301 et seg. of th= FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code 11 CPI V Promising (;as Options 1.99-07-003 Comprehensive Gas Oil Settlement Agreement core load. The storage capacity provided to a wholesale customer exercising this option would be taken from the storage capacity allocated to unbundled storage service, not from the reservation oi'storage for SoCalGas' core market quantified in Section 5.x.x. above. The amount of storage that the wholesale customer may elect to take is its last 12 months core throughput as a percentage of SoCalGas' own total annual core throu_hput for the same period times the inventory, injection, and withdrawal storage capacity reserved for reliability/balancing purposes for SOCaIGas' total core market. For instance, if a wholesale customer's core throughput for the past 12 months was 10% of SoCalGas' core throughput for the same period, the wholesale customer could elect to take 3.5 Bcf of inventory, 23.4 MNIcfd of injection, and 193.5 MMcfd of withdrawal. Each wholesale customer N ould have to take the whole amount of storage so quantified, and not some porr:ion thereof, if it chooses to exercise this option. Wholesale customers exercising this option would pay the same rate per unit of storage as charged by SoCalGas for storage capacity reserved for its own core market. Wholesale customers would have the opportunity to exercise this option once a year immediat ly before the annual storage open season, to be effective for a period of one storage year (April 1 to March 31 of the succeeding year). Wholesale customers are under no obligation to exercise this option and may acquire storage capacity in the same manner as all other noncore customers whether or not they ex ercise this option. [how do we handle unv wholesale customer whose pre-existing,, storage contract expires after the effective date, but not on March 31 of a year? Is there any such animal?] 5.5 Eliminate Core Subscription Service 5.5.1 Summary of D.99-07-015: The Commission recommends elimination of core subscription service by PG&E and SoCalGas by April 1, 2001, and requiring that any noncore customer who prefers to contir.lae procurement from those utilities after thqat date to take and pay for core transportation service as well as gas supply service. The Comrnission does not recommend that SDG&E be required to exit its noncore procurement services. (T.49, pp.63-64, Appendix Q 55.2 Current Status: SOCa]Gas currently offers core subscription service under contracts with a two-year term. SDG&E offers gas procurement service to noncore customers under both two-year core subscription contracts (Schedule and one -month contracts (Schedule ). 6.4.1 Resolution: SoCalGas will stop offering new core subscription contracts by April 1, 2001. Beginning on the effective c.ate of a Commission order approving the Settlement, SoCalGas will offer new core subscription contracts for a term that extends no later than July 31, 2001. A'! core subscription contracts in effect on April 1, 2001 will remain in effect until the end of the contract life. After April 1, 2001, all noncore-eligible custolner� must either choose a competitive pr,)N,ider for the commodity or take service .'-om SoCalGas at core rates (GN-10). Page 411 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Aim i F, 2000 Rule 601 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ('P1 , ' Pronnsing Gas Options 1.99-07-003 Comprehensive Gas OIl Settlement Agreement. SoCalGas will provide them witli adequate advance notice of their choices. SoCalGas will also provide these customers with a list of interested gas marketers operating on its system, so they can contact these marketers about their commodity choices. In the event that customers do not make a choice by the deadline, they will automatically become core customers (GN-10). SoCalGas will continue to treat transportation revenues from these customers that switch to core status as noncore revenues (i.e., the revenues will be recordecl in the NFCA and not the CFCA), until the switch from noncore to core will be reflected in the throughput forecast in the next BCAP. Both the Core Subscription option and the noncore procurement option are eliminated for SDG&E customers under the same terms described above for SoCalGas. Exiting noncore procurement is consistent with the situation existing currently for both SoCalGas and PG&E. By April 1, 2001 or at the end of existing contracts, whichever occurs later, a.il noncore customers in the SDG&E service area must choose a competitive provider for commodity. SDG&E will provide them with advance notice of the change. SDG&E will also provide those customers with a list of interested gas marketers, so they can contact these marketers about their choices. In the event that the noncore customer does not make a choice by the deadline, the customer will automatically become a core customer. If they become a core customer, they will take service from SDG ,E at core rates, both core transportation and procurement rates. 5.6 Separate Costs and Rates for Core Utility IProcurement] Services. Treat Utility Core Procurement Departments as Any Other Utility Customer 5.6.1 Summary of D.99-07-015: The Commission recommends, to the extent reasonable as determined in the cost -benefit phase, separating the costs and rates for core utility services including core procurement, transmission, storage, distribution, and balancing, and treating the local distribution company core procurement departments as a single customer for operational purposes, which is subject to the same terms and conditions of service as other customers. (p. 49 /#8J, p. 62, p. 86, Appendix C) 5.6.2 Current Brokerage Fee: Current SoCalGas brokerage fee is 2.0 cents/dth and SDG&E brokerage fee is 0.95 cents/dth, per the 1996 BCAP decision. o,4. I Resolution: The Core Brokerage Fee will be increased to 2.4 cents per decatherm for both SDG&E and SoCalGas upon the effective date of the settlement. This is consistent with the brokerage fee for PG&E. The parties further agree that the Core Brokerage Fee amount of 2.4 cents per decatherm is assumed for purposes of this Settlement ori' y and shall be neither precedential nor admissible in any subsequent regulatory proceeding for the purpose of Pa,—,,` 50 Subject to Rule 51 of the CPUC Rules of Practice and Procedure. April 17. 2000 Rule 601 et seg. of thE� FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CIII 1( 'Promising Gas Options 1. 99-07-003 Comprehensive Gas OII Settlement Agreement determining the actual costs that will no lon;_,er be incurred by the utilities in the event the utility core procurement service function is discontinued. 6. INFORMATION 6.1 Provide Real -Time, Customer -Specific Usage Data 6.1.1 Summary of D.99-07-015: The Commission believes that customer access to real-time consumption data is consistent with its goals of increased market efficiency and providing competitive tools. Access to real-time data may help customers to better manage their pipeline flows. The Commission considers the most promising option going forward appears to be for the utilities to make available to any customer, at the customer's expense, the equipment, technology and training necessary for expanded customer access to timely consumption information. The Commission is interested in hearing from parties in the cost/benefit phase of this proceeding what it would cost on a per -customer basis to make such access generally available, as well as the specific impediments to providing real-time available capacity update s. (pp. 72-73, FoF 33 & 36, CoL 15- I h, Appendix 0 6.1.2 Current Status: With regard to access to consumption and other customer - specific data by core customers or persons authorized by them to access information about them, the Parties are generally satisfied with the existing kind of core customer data maintained by SoCalt_i.as and SDG&E, but are not satisfied with delivery options and data presentation. Specifically, non -utility parties desire that SoCalGas and SDG&E modify their systems to present consumption data in consistent formats across different a:mtexts (e.g., EDI billing of line items, imbalance statements to CATs, historical statements for prospective CAT end - users). Core customer consumption on the SoCalGas and SDG&E systems is not accessible on a real-time. basis. With regard to access by SoCalGas [SDG&E??] noncore customers, or persons authorized by them, to their own consumption data, consumption data is generally availab',e on a daily basis. Noncore customers also have the option, at their expense, to hay c SoCalGas [SDG&E] install devices allowing real-time access to their consumption data. 6.1.3 Resolution for Core Customer Data: Witl-, respect to core customers: SoCalGas and SDG&E will allow access tc, or provide to customers, or their agents, any existing information (not real-time consumption data) regarding core customers' own gas usage, including through Internet transactions. SoCalGas and SDG&E are not required to make any cham,es to their current system and provision of customer -specific information, but will work with customers to meet their information needs. Customers will pa,, the reasonable cost of any requests for- additional information. l'a,c 51 Subject to Rule 51 or the CPUC Rules of Practice and Procedure, Apt-,; 17Z00() Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code 11 CPI l ' Promising Gas Options 1.99-07-003 Comprehensive Gas 011 Settlement Agreement Further, SoCalGas and SDG&E agree to convene data access workshops with parties to reach agreement on improved acct;ss and delivery procedures by not later than sixty days after filing this Settlement Agreement. Section 7.1 of this part of the Settlement Agreement includes provisions for a pilot program for core customers that will include a test of devices and systems that would allow core customers access to their own consumption data more often than the current monthly meter reading. 6.1.4 Resolution for Noncore Customer Data: With respect to noncore customers, this Settlement Agreement requires SOCaIGas [SDG&E?] to continue to offer services currently offered to noncore customers , as described below, for access to their own consumption data on a daily and on a real-time basis, and to make or offer improvements in this access as specifically described below. Nothing in this Settlement Agreement prohibits SoCalGas c,r SDG&E at their discretion from making improvements in kind of informatior. access provided or the systems providing the information. o. 1.4.1 Customer Options to Access Meter pata: Presently, SoCalGas has approximately 1930 customer meters outfitted with automated meter reading (AMR) devices which collect usage information necessary to bill SoCalGas' noncore and large transportation customers. Of this total, about 1700 devices have telecommunications capability which allow them to automatically report meter usage to SoCalGas' Measurement Collection System (MCS). The approximate 230 remaining meters are equipped with stand-alone, non - communicating AMR devices, where usage, mformation is downloaded manually on an as -needed basis. These non -communicating AMR devices are typically used on meters with low or seasonal usage and on meters located in remote areas where telecommunications capabilities are not practical. For devices equipped with telecommunications capability, SoCalGas' Measurement Collection System automatically collects hourly usage, and in some cases fifteen -minute usage, through either conventional telephone lines, radio, or cellular equipment. Meter usage data for the previous 24 hours are collected by MCS between midnight and 4:00 a.m. The MCS then uploads the data to SoCalGas' GasSelect® software between 4:00 a.m. and 6:00 a.m. As a result of this process, usage data for the previous 24--hour period is generally available to customers after 6:00 a.m. via the internet using SoCalGas' GasSelect® software. In addition, SoCalGas currently offers its customers options to directly access meter usage information through pulses. b. l .4.1 Dial -In Access to AMR Data: SoCalGas currently offers customers an option to access their gas usage data through pulses, which can be converted into usage, through its Data Access Service. Presently, there are approximately 140 customers utilizing this service. Customers desiring this service need to execute a PB ' Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Apr l 1 2000 Rule 601 et sue. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ('PC `(' Promis ing Gas Options 1.99-07-003 Comprehensive Gas 011 Settlement Agreement Data Access Service Agreement and an Agreement for Collectible Work with SoCalGas. The data obtained through this option is not necessarily billing - quality -ready. This service is available through the use of carious electronic measurement devices. The device is installed and maintai;--led by SoCalGas at the customer's expense. This option enables customers to grain access to their gas usage more frequently than is provided by GasSelect or the normal meter read schedule. SoCalGas is not responsible for any losses or damages incurred by the customer through the use of this service. 0.1.4.3 Internet Information on Meter Access Option_>: SoCalGas will expand its web site at www.socalgas.com to include a description of meter data access options. SoCalGas will provide detailed information on the GasSelect® software and the Data Access Service options. Accessible infOrmation may address: meter types, :AMR device types, system protocols, brows(;r software requirements, subscriber's hardware requirements, types and frequency of data provided, service fees/charges, sign-up procedures, and SoCall ias' contact telephone numbers for access and inquiry. SoCa1Gas will also include information on the pilot meter ownership and meter add -on device programs. b 1.4.4 Internet Access to Full AMR Data: SoCalGas' GasSelect® service enables customers and/or theirs marketers to access daily usage data for energy management purposes. GasSelect0 service is accessible via the Internet at w•ww.gasselect.coni. Subscribers to GasSelect® service are subject to terms and conditions as established in SoCalGas Tariff Rule 33. Gas'select service provides subscribers with access gas transportation services and information, including gas usage, nominations, allocations, confirmations, imbalance trades, storage transactions/balances, electronic bulletin boards, and e-mails. 6.2 Provide Details of Completed Transactions 6.2.1 Summary of D.99-07-015: The Commission believes that disclosure of the transaction -specific details requested by parties is basic and fundamental to an efficient market. In Conclusion of Law 17, the Commission directs the utilities either to provide timely information along the lines of the specific requests outlined in this decision, or to find different ways to convey to shippers information that they need to function effectively in the marketplace without compromising confidentiality concenis. {pi;. 73- 78, FoF 17, CoL 17, Appendix C) 6.2.2 Monthly Negotiated Contract Report: /more to come here in lieu of PG&E language below) PG&E will continue to filer a monthly negotiated contract (capacity report wwh the C'PUC_ This report.; lists the details, but not customer narnes, of all negotiated capacitIL transactions for firm transportation, as- Pap- > _ Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Apt"t i j ?. 2000 Rule 601 et seg. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code t PI %+_ 'Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement available transportation, and storage. Negotiated arrangements with affiliates or other Company departments are identified. 6.2.3 Resolution: [more to come here in lieu of PG&E language below]Parties agree that the other provisions of this Settlement A_,oreement, including Sections 2.2.3, 2.2.4, 2.7 and 2.8 of this Settlement Agreement, as well as the OFO Settlement Agreement led October 22, 1999), should provide sufficient information on transactions to the market and shippers to enhance market liquidity and efficiency. Parties also agree that no further litigation of this issue is needed in 1.99-07 -003. 6.3 Establish a Secondary Market [Trading System] via a Utility Electronic Bulletin Board 6.3.1 Summary of D.99-07-015: Participation in the secondary market transactions through a mandatory Electronic Bulletin Board is consistent with the Commission's goals of enhancing market efficiency, preventing anti -competitive behavior, and providing additional competitive tools to the marketplace. Considering that all secondary market transactions will need to be confirmed through the utility, the Commission believes the utility should be required to provide the electronic bulletin board. However, the Commission wants to understand the costs of providing such a service before determining whether to require its provision. (p. 79, FoF 38, Apperdix C) 0.3. 2 Current Secondary Market Trading. [more to come here in lieu of PG&E language below]Secondary market capacity trading is currently done on a voluntary basis through private transactions. There is no facilitating electronic platform currently available to the northern California market, other than a posting section on PG&E's 1NSIDEtracc. I,F'parties to a capacity transaction want to change billing and nomination responsibility, the assignment is reported to PG&E so the change can be made and a new authorized nomination number can be provided. 6.3.3 Electronic Trading System Provisions: [more to come here in lieu of PG&E language below] PG&E will facilitate a vo,I'untary and anonymous secondary market trading system for firm backbone transmission capacity as part of its sole - source contract with ALTRA, and subject tc the terms of that contract. The following provisions will apply: b 3 3 1 Firm transmission capacity by path will be included on the electronic trading pla�brm. 0 1 3.2 ALT RA and PG&E will establish the process for reporting assignments, and A1,7RA will provide the screens and trading platform. h i 3. i ALTRA will notify PG&E of the capacity assignment upon completion of a trade and PG&E will adjust its records accordingly and issue a new authorized nomination number to the ..ssignee. Page 54 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, April l �. 2000 Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPI f 'Promising Gas Options 1.99-07-003 Comprehensive Gas 011 Settlement Agreement 0_ 3.4 ALTRA will post on its electronic trail, ng platform a summary of the completed transactions, listing the amount of capacity, the path (for transmission), transaction price and the term of the assignment. Customer names will not be provided. 04.1 Trading Fees: [more to come here in lieu of PG&E language below] A monthly subscription fee is required if the customer ,,foes not already subscribe to ALTRA. A smaller faxed subscription fee will be made available for those entities who only want to use ALTRA for capacity trading, and not commodity trading. ALTRA will charge a transaction fee to both the buyer and seller. This fee will be capped, and arm° discounts made available on a nondiscriminatory basis. PG&E will receive fifty percent (50%) of the transaction fees to cover its ongoing costs and services, and will record one-half of these monies as a credit to the BCA to help offset the costs for implementing this trading system. PG&E will include the specific fee provisions in its tariffs pursuant to Section 1. 7 above. 6 4 Provide Pipeline Operator Demand Forecasts Broken Down By Customer Class 04 1 Summary of D.99-07-015: The Commission is not persuaded that disaggregating demand forecast information will create a disadvantage for any customer, including the core. Furthermore, the Commission does not believe that any particular customer would have an incentive to lessen the reliability or precision of its communications with the pipeline operator if they were provided the demand forecasts. (pp. 79-84, FoF 41, Appendix C) 6.4.1 Current Status: 6.4.3 Resolution: This Settlement Agreement requires SoCalGas to post operating information that is at least as extensive as PG&'F; is required to post pursuant to its OFO settlement filed on October 22, 1999, in I.99-07-003, and approved in D.00-xx- xxx. A detailed description of this Settlement .kgreement's requirements for posting of OFO-related information by SoCalGas is set forth in Appendices and _ to this Settlement. In addition, during each summer season (generally, April through October), SoCalGas will provide on an after -the --fact basis on its GasSelect system sufficient data by customer class (core, noncore non -generation, and noncore generation) to allow parties to analyze the reascus that particular OFOs were called by SoCalGas. Page 55 Subject to Rule 51 1 the CPUC Rules of Practice and Procedure, Apr.i 17, 2000 Rule 601 et seq. of th- =ERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CPUs ' Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement 7. REVENUE CYCLE SERVICES 7.1 Provide for Competitive Metering Technologies 7.1.1 Summary of D.99-07-415: For safety implications, the Commission does not currently believe that it is an option to encourage the cost or rate separation of meter reading or servicing, or of what have been referred to as after -meter services. Distribution utilities should continue to provide these services as part of a bundled distribution service. The Commission views the competitive provision of meters to be a promising option, consistent with their goals of ensuring; safe and reliable service, as well as their objective of removing unnecessary barriers to entry into various components of the natural gas service market. This inquiry can include consideration of whether or not the local distribution company should become the owner of -any meter that it installs. Any meter would have to meet appropriate safety standards and utilize standardized information protocols. (pp. 84-85, Appendix Q 7.1.2 Ownership of Meters and Add -on C)evices: Consistent with obligations under existing law, the utilities will install, read, remove, service, and maintain all gas meters during the teen of this agreement. As part of the pilot program described below, a limited number of commercial, industrial and master -metered multifamily customers may own their own utility - approved meters, or may choose meters to be owned by the utilities, for new meter installations. Further, also as a pilot program, a limited number of customers may own an "add -on device" to the utility -owned meter that allows the customer to access (and trius read remotely) meter data at time intervals needed for the customer's own purposes, or allows the customer to provide this meter data to its Core .Aggregator or Supplier. The selection and installation of this add -on device must also comply with established standards and procedures. SoCalGas and SDG&E will conduct pilot meter and add -on device ownership programs. The pilot programs will extend through 2002. By July 1, 2002, SoCalGas and SDG&I=. will submit a joint evaluation of the pilot programs and recommendations for 2003 and beyond. During the pilots, customers may own gas meters and add -on devices so long as the meters and devices meet SoCalGas' or SDG&E's standards for safety and the add -on devices are cc:npatible with utility meters and data retrieval processes as determined by the utilities. SoCalGas or SDG&E will install, maintain, test, collect and process data from and provide all related services associated with all gas meters, regardless of who owns the meter. Likewise, the uti lities shall install, maintain, test, and provide related meter services for add -on devices, but customers may collect and process data from their own add -on Jevices as long as it does not interfere Pap- >o Subject to Rule 51 of the CPUC Rules of Practice and Procedure, �pr, j�(1O� I Rule 601 et sea. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ( '1'(_';_ ' Promising Gas Options 1. 99-07-003 Comprehensive Gas OII Settlement Agreement with utility access for billing purposes. The following principles provide the basis for the pilot ownership programs and to help guide implementation. • All customer -owned meters and add -on devices will have to meet appropriate standards of safety, accuracy and reliability, as determined by the utilities. • Customer ownership of any meter or add -on device will not interfere with the utility's right to obtain current or additional data from the meter. The utility also reserves the right to reconfigure the meter to improve the utility's ability to obtain current or a�3ditional data. For example, if the utility chooses to install automated rneter reading (AMR) technology for a new class of customers or a given portion of its service area, the utility shall be free to install that capability for all customers of that category, whether or not such customers had n eviously installed a customer -owned meter or meter add -on device incompatible with the AMR technology to be employed by the utilities. • Those customers that choose to own their own meters or add-ons are responsible for the additional incremental capital and O&M costs associated with such equipment including communication network costs. • Costs to revise the utility system:.:; to track customer meter ownership and add -on devices, to the extent they are not currently recovered in rates, will be recovered through the cost recovery process described in this Settlement Agreement. • Nothing in this Settlement Agreement prevents the utilities from continuing to offer its currently available meter and meter -related products and services, or to propose new meter -related products and services. Furthermore, nothing in this Settlement Agreement requires Parties to support any utility proposals to offer any such new meter or meter -related products and services during the term of this Settlement Agreement. a. Pilot Program for Customer Meter Ownership and Meter Choice: The following provisions apply to this pilot program for limited meter ownership and choice of the utility -owned meters. • Participation Limit: The pilot program is limited to the installation of S00 customer -owned meters per year for SoCaiGas and 200 customer -owned meters for SDG&E. The pilot program applies only to new meter installations at customer facilities which require gas meters of 500-cubic-feet-per-hour capacity or larger to meet customer load requirements. These customer facilities are commercial, industrial and master -metered multifamily dwellings. The pilot does not provide for the replacement of an existing utility -owned meter. The utility at its sole discretion may increase the cap on the number of meters that can be owned by customers. P2ize 1 7 Subject to Rule 51 of the CPUC Rules of Practic==Evidence April 1 �, ?OOU Rule 601 et se�7c . of the FERC Rules of Practice, Rul Rules of Evidence, and Section 1152 of the Califor ('pl i(' Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement • Limit on Meter Choice: The meter ownership pilot program is limited to customer ownership of meters that are compatible with the utility's Meter Set Assembly (MSA) designs and approved by �he utility. Nothing in this program requires the utility to evaluate arid/or approve additional meters that are not already approved as of the date of a Commission order approving this Settlement Agreement, nor does anything in this program prevent the utility from removing currently -approved meters from the approved list. • Cost Responsibility: Customers choosing to own their meter are responsible for incremental costs associated with their meter that are incurred by the utility. Incremental costs are those costs beyond the costs that would have been incurred by the utility having installed and owned the most cost-effective meter for that site. Costs for which customers may be responsible could include, but are not limited to, installation of the meter or additional equipment, maintenance, call -out servicing, communication network costs, and any other incremental transaction - based costs associated with their owning the meter. • Utility Access to Meter Data: The utility has the right to obtain or directly access any data available from the customer -owned meter. The utility may also install add -on devices to a customer -owned meter which do not interfere with the customer's use of that meter. The utility would pay the cost of such add-ons. • Advice Filing for Pilot: The utilities will prepare and submit an advice filing to implement this pilot meter ownership program, including tariff and fee provisions, consistent with the terms of this Settlement .agreement. This filing will be made as part of the submission discussed in this 'Settlement Agreement. • Term of Pilot: This pilot program is effectil%e when the CPUC-approved tariffs implementing this program are effective, and will continue for the term specified in this Settlement Agreement, to December z,1, 2002. • Assessment of Pilot: One year prior to the completion of the program, the utilities will begin working with interested parties to prepare a report assessing the pilot meter ownership program. This assessment report, which will include recommendations concerning the future of th,e program, will be submitted to the CPUC six months prior to the end of the pilot. The report will address, among other things, whether the pilot program should be expanded, and the disposition of all existing customer -owned meters if the meter ownership pilot program is terminated. b. Pilot Program for Customer Ownership of Meter Add-Ons: Subject to the following terms and conditions, the utilities will allow a limited customer ownership of add -on devices to the utilities -owned meters for the purpose of accessing meter data at time intervals needed for the customer's internal purposes, or for providing such data to another party. • Participation Limit: This pilot program is.imited to the installation of 1,500 customer -owned meter add -on devices per ✓ear for SoCalGas and 200 customer- Pa,(- 58 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Apri 17 2000 Rule 301 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ( 7'(_ Proimsin,g Gas Options I.99-07-003 Comprehensive Gas OlI Settlement Agreement owned meter add -on devices for SDG&E. The utility at its sole discretion may increase the cap on the number of customer -awned meter add -on devices. Standards and Requirements: All customer -owned add -on devices will have to meet appropriate standards of safety, accuracy, reliability, and compatibility with utility meters and data retrieval, if necessary, as determined by the utility. The utility shall develop such standards with input from interested parties and subject to oversight by the Commission. Meter Responsibility: Add -on devices will not adversely affect the safety, reliability and accuracy of the utility's gas meters, nor the utility's ability to obtain any meter data. The utility remains responsible for installation, removal, service and maintenance of the add -on devices. Customer ownership of an add -on device will not prevent or interfere with the utility's, ability to replace or reconfigure the meter. • Cost Responsibility: Customers will be responsible for the costs associated with add -on devices, including, but not limited to, installation, maintenance, removal, communication network costs, and any other transaction -based costs associated with that add -on device. • Advice Filing for Pilot: The utilities will prepare and submit an advice filing to implement this pilot meter add -on program, including tariff and fee provisions, consistent with the terms of this Settlement Agreement. This filing will be made as part of the submission discussed in this Settlement Agreement. • Perm of Pilot: This pilot program is effective when the CPUC-approved tariffs implementing this Settlement Agreement are effective, and will continue for the term specified in this Settlement Agreement., to December 31, 2002. • Assessment of Pilot Program: One year pnor to the completion of the program, the utilities will begin working with interested parties to prepare a report assessing the pilot meter add -on program. This assessment report, which will include recommendations for the future of the program, will be submitted to the CPUC six months prior to the end of this program. The report will address, among other things, whether the pilot program should be expanded, and the disposition of all existing customer -owned add -on devices if the meter add -on pilot program is terminated. SDG&E AMR Program. Nothing in this Settlement shall prevent SDG&E from proposing a pilot program for utility -owned AMR devices for gas meters in connection with any electric AMR pilot that Sl a,G&E may propose; nor shall anything in this Settlement prevent any party from opposing such a pilot program. Pagi. S9 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Apri ! j 2000 Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ('Pi ;(' Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement ",2 Provide Competitive Billing Options to Customers Similar to Those Offered in the Electric Industry 7.2.1 Summary of D.99-07-015: The Commission states that competing gas and electric providers should be able to choose to provide a consolidated bill for gas and electricity so that the customers of such providers will not face duplicative charges for the billing function. The Commission feels that it may be appropriate for the natural gas utilities to provide billin; options similar to those currently offered on the electric side. The Commission includes this as a promising option for further study and wants to examine cost system conversion and potential labor impacts associated with providing competitive billing and other services in the costibenefit phase. (pp. 85-86, FoF 43, Col, 19, Appendix C) 7.2.2 Current Billing Options: Currently, CAT's who sell gas to residential and small commercial customers have two options open to them. They can bill for the gas commodity and have SoCalGas and SDG&}" bill for gas transportation. This is called separate billing. The second option is for the CAT to bill for both their gas service and transportation service. This op':ion is called CAT consolidated billing. A third potential billing option, utility cons��!idated billing, where SoCalGas or SDG&F bill for both transportation service and the CAT's gas commodity, is not available. This third option is available to Energy Service Providers (ESPs) on the electric side. Another difference between the electric side and the gas side is that currently, if a CAT performs CAT consolidated billing the utility still is required to send the customer an information -only bill, creating unnecessary billing costs to the utility. No such requirement currently exists on the electric side. Other differences related to billing between IEIR and CAT are related to information and timing standards. There are specific standards that are in place for EIR that are not in place as part of the CAT program. Specifically, standards for EDI billing, bill adjustments, account maintenance, measurement timing, and accuracy standards. Finally, in electricity, a customer can recery e credits off its transportation bill if the customer's ESP performs ESP consolic,,ated billing based on the costs the utility no longer has to incur. There are currently no such credits on the gas side. 7.2.3 SoCalGas or SDG&E Consolidated Gas Billing: SoCalGas and SDG&E may offer a consolidated billing option to CATS as soon as billing system modifications allow it. Details of this billi:cig option (including standards for EDI billing, bill adjustments, account niaintena,-ice, measurement timing, accuracy standards. collection procedures and any fees to CATS for consolidated billing Pa�-)c' 00 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Alm ! 17. 2000 Rule f301 et sea. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, aid Section 1152 of the California Evidence Code ('YZ l ' Pr-onnsing Gas Options I.99-07-003 Comprehensive Gas OII Settlement Agreement related services) will be filed with the Commission in the advice letters implementing this Settlement Agreement_ Further, the gas utility consolidated billing standards and requirements should generally mirror the electric utility billing standards and requirements as closely as possible. Where difficulties in consistency arise, it is proposed that the Rule 22 group which has assisted in the establishment of electric restructuring billing standards, or a similar group, hold workshops to address consistency issues across both fuels. Once implemented, SoCalGas and SDG&E reserve the right to charge CATs for SoCalGas or SDG&E consolidated gas billing services based on a methodology consistent with the methodology then in effect for UDC consolidated electric billing. 7.2.4 Termination of Information -only Bill Requirement: If a CAT marketer performs CAT consolidated billing, SoCalGas and SDG&E are currently required to send the customer an information -only bi 11, Parties agree that the requirement for an information -only bill should be removed upon implementation of this Settlement Agreement for those CAT marketers who provide consolidated CAT billing to their customers and agree to provide monthly SoCalGas or SDG&E transportation charges and rate data, along with the requisite bill inserts and customer protection materials, in each end -user bill. The requirements should closely follow the requirements for consolidated ESP billing in the electric industry. The CAT marketer shall indemnify SOCalCraS and SDG&E for all direct and consequential damages, and the CAT marketer shall expressly agree to assume all liability associated with the CAT marketer's modification of, or failure to provide a customer with, any utility -provided bill insert. Any disputes concerning the content of a utility -provided bill insert will be resolved solely by the Commission, and the recommendation for resolution by the Commission shall be processed by the Energy Division of the Commission. Nothing in this Settlement prevents other divisions of the Commission from participating as parties to this resolution process. As part of its advice letters to implement this Settlement Agreement, SoCalGas and SDG&E will include provisions specifying compliance monitoring, cost responsibility, and enforcement measures. 7.2.5 Avoided Cost Credits: Customers of a CAT, which performs consolidated CAT billing, should receive a credit on their monthly bill for transportation service. For SoCalGas, the avoided cost credits will be $0.78 for residential customers and $1 16 for non-residential custorers. For SDG&E, the avoided cost credits will be. $0.05 per bill for residential l'agr 61 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Apr, 17 ')O0O Rule 601 et sue. of the 17ERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code ('P( ( ' Pronnsing Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement customers and $0.16 for non-residential customers for a CAT gas bill where SDG&E continues to supply an electric bill. Where the CAT/ESP is providing consolidated billing for both gas and electric; service to an SDG&E customer, the numbers above would be in addition to the Commission approved credits for ESP consolidated electric billing for an electric only customer. The level of the CAT and CAT/ESP billing credits provided above for SoCalGas and SDG&E shall be fixed for the period from the effective date of this Settlement Agreement through December 31, 2002. For the remainder of the term of this Settlement Agreement, the Parties agree to undertake discussions and, if necessary, to litigate the appropriate level of these billing credits in such a manner that the new avoided cost billing credits for SOCaIGas and SDG&E would become effective January 1, 2003. SoCalGas, and SDG&E shall file with the Commission applications, to be consolidated. in the first quarter of 2002 proposing for Commission approval any new level of avoided cost credits that have been agreed upon by the time of the fiLngs, or in the absence of agreements, to provide a forum for litigation of the issue before the Commission for resolution in time for implementation on January 1, 2003. The parties agree that the level of the agreed upon billing credits is assumed for purposes of this settlement only and shall be neither precedential nor admissible in any subsequent regulatory proceeding for the purpose of determining the avoided cost billing credits for SoCalGas and SDG&E. 7.2.6 Delivery of CAT Consolidated Gas Billing Credits: The display of billing credits on the bill should be consistent with the methods used in electric restructuring to avoid customer confusion. SoCalGas and SDG&E will deliver credits to those customers receiving consolidated billing services from their respective CATs as a line item on SoCalGas or SDG&E's customer -specific billing data provided to CATS and shown on their consolidated bill to these customers as soon as the billing system chariges can be made. Until the billing system changes can be completed, SoCalGas and SDG&E will deliver credits to those customers receiving consolidated billing services from their respective CATS via checks sent to the respective CATS in whatever manner SoCalGas and SDG&E deem most cost-effective, except that SoCalGas and SDG&F will deliver such checks on at least a semi-annual basis. 111. NO ISSUES REMAIN TO BE LITIGATED IN L99-07-003 "arties agree that there are no issues of material fact or promising options which need itjgatirig in 1.99-07-003 as applied to SoCalGas and SDG&E, provided the Commission tpproves this Settlement Agreement pursuant to its ecaiditions. Parties note that this settlement Agreement provides that SoCalGas shall f.le a new application to address certain 11'ag,_` 02 Subject to Rule 51 of the CPUC Rules of Practice and Procedure, Apr, I-. 2000 Rule 601 et sea. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, and Section 1152 of the California Evidence Code CM '(' Promising Gas Options 1.99-07-003 Comprehensive Gas OII Settlement Agreement issues described in Sections above at a time specified by this Settlement Agreement after approval of it by the Commission. i f Commission approval of this Settlement Agreement is conditional or modifies the Settlement Agreement, Parties reserve the right to seek hearings on any or all issues r)therwise covered by this Settlement Agreement. Pa`,t' 6 3 Subject to Rule 5' of the CPUC Rules of Practice and Procedure, April 17, 2000 Rule 601 et seq. of the FERC Rules of Practice, Rule 408 of the Federal Rules of Evidence, .and Section 1152 of the California Evidence Code 3 4 5 b 7 8 9 \I 14 i5 16 7 18 t9 20 21 22 23 24 2f 2" 2' BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Investigation on the Commission's Own ) Motion to Consider the Costs and Benefits of ) Vanous Promising Revisions to the Regulatory ) I.99-(17-003 and Market Structure Governing California's ) Natural Gas Industry and to Report to the ) California Legislature on the Commission's ) Findings. ) SIGNATURE PAGE IN SUPPORT OF COMPREIHENSIVE GAS OII SETTLEMENT AGREEMENT FOR SOCALGAS AND SDG&E The undersigned party hereby subscribes as a Settlement Party to the Comprehensive Gas OII Settlement Agreement for SoCalGas and SDG&E dated April 17, 2000. Respectfully submitted, on behalf of the City of Vernon* Eduardo Qlivo, Esq._ Name City tt�)mey Title City off, ernon Company 8135 Florence Avenue, Suite 202 _ Address Downey, California 90240 _ City, State, Zip (562)927_ 02 (562)927-8722 Telephone Fax Dated: April 17_, 2000 _ - — E-mail address Subject to formal approval of final settlement document by Vernon City Council, expected at. regularly scheduled meeting on April 18, 2000,