States, Cities and Counties
News releases, reports, statements and associated documents covering state government, cities and counties.
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R.I. Gov. Raimondo Announces Changes to the Long Term Care System
PROVIDENCE, Rhode Island, July 3 -- Gov. Gina Raimondo, D-Rhode Island, issued the following news release:
Governor Gina Raimondo announced a plan to expand home-based care options in Rhode Island as the state continues to grapple with the spread of COVID-19 in congregate living facilities. Before COVID-19, 61% of the state's long-term care recipients lived in nursing facilities, which have struggled to contain the spread and impact of COVID-19 on residents and staff.
"This is the right direction for Rhode Island," said Governor Gina M. Raimondo. "We have been in response mode, and our facilities
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PROVIDENCE, Rhode Island, July 3 -- Gov. Gina Raimondo, D-Rhode Island, issued the following news release:
Governor Gina Raimondo announced a plan to expand home-based care options in Rhode Island as the state continues to grapple with the spread of COVID-19 in congregate living facilities. Before COVID-19, 61% of the state's long-term care recipients lived in nursing facilities, which have struggled to contain the spread and impact of COVID-19 on residents and staff.
"This is the right direction for Rhode Island," said Governor Gina M. Raimondo. "We have been in response mode, and our facilitiesand staff are doing their best, but as we continue to fight this virus, we need to reduce our reliance on nursing facilities and expand home-based care options. We also need to make sure that our direct care workforce is valued in institutions and in the community with training, support and good wages."
Raimondo's $25M plan includes investments in nursing facility supports to implement infection control, investments in capital and program changes to fundamentally re-orient the delivery of care in nursing facilities, and targeted investments to expand home-base care options, through home-based workforce incentives, training and supports. The state will also invest to assist families in better understanding long-term care options and accessing home-based care options when discharged from hospitals.
"The pandemic exposed structural and organizational weaknesses within the long-term care system -- inadequate staffing, high turn-over, low pay and lack training" said Patrick Quinn, Executive Vice President of SEIU 1199 New England, "We need to build a more resilient long-term care system that gives consumers and their families more independence when choosing a long term care setting and creates a living wage for caregivers as we rebalance our long term care system and drive more investment to direct care of the elderly and individuals living with disabilities. The status quo in nursing homes and home care is failing Rhode Island residents and families which is unacceptable."
"COVID-19's impact on older adults and persons living with disabilities with long term care needs has been dramatic," said Maureen Maigret, co-chair of the State's Long Term Care Coordinating Council. "I am pleased the Governor has announced this long term supports and services resiliency plan. We need to reimagine how we deliver and finance long term care. To make home and community-based services - where persons overwhelmingly prefer to receive care -- more accessible and to support our families in assisting their loved ones to remain at home. Our nursing homes provide essential services to those with a high care needs. This plan will address the resources and workforce needed to better provide high quality, resident-centered care and nursing home care."
"Historically, we've discharged thousands of hospital patients to nursing facilities every year. Times have changed now. Our colleagues are talking about this across the country. We need to build a system of home-based workforce and care that can work with us as we discharge patients safely to their homes to recover with the supports they need." said Tim Babineau, CEO of Lifespan.
Further information is available on the Executive Office of Health & Human Services' website at http://www.eohhs.ri.gov.
N.J. Gov. Murphy Directs U.S., New Jersey Flags to Fly at Full Staff Starting July 3
TRENTON, New Jersey, July 3 -- Gov. Phil Murphy, D-New Jersey, issued the following news release:
Governor Phil Murphy ordered that the U.S. and New Jersey flags be returned to full staff on Friday, July 3, having been at half-staff since Friday, April 3, in recognition and mourning of all those who have lost their lives and been affected by COVID-19.
The flags will return to full staff as a symbol of New Jersey's recovery and continued resolve.
"As a result of the hard sacrifices made by all New Jerseyans, we have made immense progress in the fight against COVID-19," said Governor Murphy.
"As
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TRENTON, New Jersey, July 3 -- Gov. Phil Murphy, D-New Jersey, issued the following news release:
Governor Phil Murphy ordered that the U.S. and New Jersey flags be returned to full staff on Friday, July 3, having been at half-staff since Friday, April 3, in recognition and mourning of all those who have lost their lives and been affected by COVID-19.
The flags will return to full staff as a symbol of New Jersey's recovery and continued resolve.
"As a result of the hard sacrifices made by all New Jerseyans, we have made immense progress in the fight against COVID-19," said Governor Murphy.
"Aswe approach Independence Day, it is the appropriate time to recognize the resilience of the people of our staate and our country, and remind us all that much like other difficult periods in our history, we will eventually make it through."
Copy of Executive Order #160: https://nj.gov/infobank/eo/056murphy/pdf/EO-160.pdf
N.C. Department of Health and Human Services Launches New Social Media Campaign as Part of Larger Effort to Slow the Spread of COVID-19
RALEIGH, North Carolina, July 3 -- The North Carolina Department of Health and Human Services issued the following news release:
The North Carolina Department of Health and Human Services (NCDHHS) is launching a new social media marketing campaign as part of a larger public outreach campaign designed to reach historically marginalized populations disproportionately affected by COVID-19.
The social media advertising, which will run on Facebook and Instagram and is made possible by ad credits provided by Facebook, is part of NCDHHS' Prevent and Protect campaign that launched earlier this month.
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RALEIGH, North Carolina, July 3 -- The North Carolina Department of Health and Human Services issued the following news release:
The North Carolina Department of Health and Human Services (NCDHHS) is launching a new social media marketing campaign as part of a larger public outreach campaign designed to reach historically marginalized populations disproportionately affected by COVID-19.
The social media advertising, which will run on Facebook and Instagram and is made possible by ad credits provided by Facebook, is part of NCDHHS' Prevent and Protect campaign that launched earlier this month.SocialCode, a digital marketing agency, developed the Facebook and Instagram ads and will manage the placement of the ads to ensure they are reaching their designated audience.
Data shows that Latinx/Hispanic and Black/African American communities are being disproportionately affected by COVID-19. Prevent and Protect focuses specifically on reaching those North Carolinians. In addition to the social media ads, Prevent and Protect includes resources for businesses, local health departments, community organizations and others to share, such as social media graphics, flyers, posters and video public service announcements.
The goal of the Prevent and Protect campaign is to inform people about testing, contact tracing and preventative measures--like wearing a face covering, waiting 6 feet apart and washing hands often--they can take to protect themselves and their loved ones and help slow the spread of COVID-19.
"North Carolinians care about each other and want to protect themselves and their loved ones. We want to make sure they have the information they need to do that," said NCDHHS Secretary Mandy Cohen, M.D. "The information provided in the Protect and Prevent campaign resources help communicate the steps we can all take together to slow the spread of COVID-19."
Missouri PSC: Spire Customers to See One-Time Bill Credit Under Agreement Approved by Public Service Commission
JEFFERSON CITY, Missouri, July 3 -- The Missouri Public Service Commission issued the following news release:
The Missouri Public Service Commission has approved an agreement reached between the Staff of the Missouri Public Service Commission, the Office of the Public Counsel and Spire Missouri, Inc. (Spire) which will provide approximately $15 million in one-time bill credits to Spire East and Spire West natural gas customers.
Under the agreement approved by the Commission, refunds will be credited to all current customers as a one-time credit to their bills rendered on or after August 1, 2020,
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JEFFERSON CITY, Missouri, July 3 -- The Missouri Public Service Commission issued the following news release:
The Missouri Public Service Commission has approved an agreement reached between the Staff of the Missouri Public Service Commission, the Office of the Public Counsel and Spire Missouri, Inc. (Spire) which will provide approximately $15 million in one-time bill credits to Spire East and Spire West natural gas customers.
Under the agreement approved by the Commission, refunds will be credited to all current customers as a one-time credit to their bills rendered on or after August 1, 2020,and will appear as a separate line item on customer bills. According to the agreement, the one-time bill credit for Spire East residential customers will be $7.04. The one-time bill credit for Spire West residential customers will be $17.75.
The agreement approved by the Commission resolves issues in Spire Infrastructure System Replacement Surcharge (ISRS) cases from 2016, 2017 and 2018 remanded from the Missouri Western District Court of Appeals.
The 2016 and 2017 cases were remanded to the Commission to determine refunds to its customers of the ISRS surcharges related to Spire's recovery of plastic components. The 2018 ISRS cases were remanded to the Commission to remove from Spire's revenue requirement the cost incurred to replace cast iron and bare steel mains and service lines not shown to be worn out or deteriorated. The Court of Appeals also mandated that a refund of these costs should be given to ratepayers by the most expeditious means available.
The ISRS appears on the bills of most natural gas companies under the regulation of the Missouri Public Service Commission. The surcharge is designed to provide the utility company more timely recovery of a portion of the expenditures it incurs to replace and extend the useful life of its existing infrastructure (pipeline system) for those projects that were completed after the company's most recent rate case.
Spire East provides natural gas service to approximately 654,400 customers in the City of St. Louis as well as the Missouri counties of St. Louis, St. Charles, Butler, Iron, Franklin, Jefferson, Madison, Crawford, St. Francois and Ste. Genevieve. Spire West provides natural gas service to approximately 517,500 customers in Andrew, Barry, Barton, Bates, Buchanan, Carroll, Cass, Cedar, Christian, Clay, Clinton, Dade, DeKalb, Greene, Henry, Howard, Jackson, Jasper, Johnson, Lafayette, Lawrence, McDonald, Moniteau, Pettis, Platte, Ray, Saline, Stone and Vernon counties.
Maine PUC Issues Order Involving Central Maine Power
AUGUSTA, Maine, July 3 -- The Maine Public Utilities Commission issued the following order of suspension (Docket No. 2019-00179) involving CENTRAL MAINE POWER COMPANY Request for Approval to Transfer the New England Clean Energy Connect to NECEC Transmission, LLC:
BARTLETT, Chair; WILLIAMSON and DAVIS, Commissioners
On August 13, 2019, Central Maine Power (CMP) and NECEC Transmission, LLC (NECEC, LLC) (collectively Petitioners) filed a petition seeking a series of approvals related to the Commission's issuance of a Certificate of Convenience and Necessity (CPCN) for the New England Clean Energy
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AUGUSTA, Maine, July 3 -- The Maine Public Utilities Commission issued the following order of suspension (Docket No. 2019-00179) involving CENTRAL MAINE POWER COMPANY Request for Approval to Transfer the New England Clean Energy Connect to NECEC Transmission, LLC:
BARTLETT, Chair; WILLIAMSON and DAVIS, Commissioners
On August 13, 2019, Central Maine Power (CMP) and NECEC Transmission, LLC (NECEC, LLC) (collectively Petitioners) filed a petition seeking a series of approvals related to the Commission's issuance of a Certificate of Convenience and Necessity (CPCN) for the New England Clean EnergyConnect (NECEC). Central Maine Power Company, Request for Approval of CPCN for the New England Clean Energy Connect Consisting of the Construction of a 1,200 MW HVDC Transmission Line from the Quebec-Maine Border to Lewiston (NECEC) and Related Network Upgrades, Docket No. 2017-00232, Order Granting Certificate of Public Convenience and Necessity and Approving Stipulation (May 3, 2019) (CPCN Order).
Petitioners state the series of requested approvals are needed to effectuate the transfer of the NECEC from CMP to NECEC, LLC, to fulfill the benefits commitments set forth in the approved stipulation, and to comply with the requirements in the Commission's CPCN Order and Maine law. Petitioners state the series of requested approvals are required pursuant to 35-A M.R.S. Sec.Sec. 707, 708, 901, 902 and 1101.
The above-referenced provisions provide various statutory timeframes for review and approval. Section 707 regarding affiliated interests provides up to 120 days as necessary to enable the Commission to complete its review of the proposed contract or arrangement. 35-A M.R.S. Sec. 707(3)(A). Section 708 regarding reorganizations provides up to 180 days as necessary to allow the Commission to fully investigate the matter. Id.Sec. 708(2). Sections 901 and 902 regarding the issuance of stocks, bonds, and notes provides up to 60 days unless the Commission makes an affirmative determination that additional time is necessary to properly resolve the issues in the matter. Id. Sec. 902. Section 1101 regarding sales, leases, and mortgages of property provides no statutory timeframe for review. Id.Sec. 1101.
The statutory deadlines for review have been extended in this docket. Petitioners previously provided notice of the parties' ongoing settlement negotiations, and two prior Commission orders suspended the applicable statutory timeframes for review of the approvals sought by Petitioners in this docket. Suspension Order (Oct. 31, 2019); Suspension Order (Feb. 10, 2020). On March 31, 2020, Petitioners requested, without objection, to further extend the statutory deadlines until May 15, 2020. On May 13, 2020, Petitioners filed an additional update on settlement negotiations, stating negotiations remained ongoing and that they anticipated filing updated terms of settlement soon. Given the statutory limitations set forth above, on May 14, 2020, the Hearing Examiners treated Petitioners' May 13, 2020 filing as a withdrawal and refiling of their petition, thereby resetting the statutory timeframes for review.
On June 25 and 29, 2020, Petitioners provided an update on settlement negotiations and requested a settlement conference, which Commission Staff have scheduled for July 14, 2020. In view of the requested settlement conference and because additional time is required to fully investigate the series of requested approvals before the Commission, the Commission hereby extends the review period until November 9, 2020. 35-A M.R.S. Sec.Sec. 104, 707, 708, 902, 1101.
Dated at Hallowell, Maine, this 2nd day of July, 2020.
BY ORDER OF THE COMMISSION
Harry Lanphear
Administrative Director
Kansas Corporation Commission Issues Order Involving Bengalia Land and Cattle
TOPEKA, Kansas, July 3 -- The Kansas Corporation Commission issued the following order (No. 20-CONS-3130-CPEN): In the matter of the failure of Bengalia Land and Cattle Company ("Operator") to comply with K.A.R. 82-3-111 at the Kand G #1-27, Mott Trust #1-26, De Chant #2, Maxine #1-30, Nichols #2-32 and Wedel Trust 33 #3-33 in Finney County and Gray County, Kansas.
PREHEARING OFFICER ORDER GRANTING MOTION TO WITHDRAW REQUEST FOR HEARING AND CLOSING DOCKET
This matter comes before the State Corporation Commission of the State of Kansas (Commission). Having reviewed the pleadings and record, the
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TOPEKA, Kansas, July 3 -- The Kansas Corporation Commission issued the following order (No. 20-CONS-3130-CPEN): In the matter of the failure of Bengalia Land and Cattle Company ("Operator") to comply with K.A.R. 82-3-111 at the Kand G #1-27, Mott Trust #1-26, De Chant #2, Maxine #1-30, Nichols #2-32 and Wedel Trust 33 #3-33 in Finney County and Gray County, Kansas.
PREHEARING OFFICER ORDER GRANTING MOTION TO WITHDRAW REQUEST FOR HEARING AND CLOSING DOCKET
This matter comes before the State Corporation Commission of the State of Kansas (Commission). Having reviewed the pleadings and record, thePrehearing Officer makes the following findings:
1. On November 5, 2019, the Commission issued a Penalty Order against Bengalia Land and Cattle Company (Operator) for six violations of K.A.R. 82-3-111 because six wells had been inactive in excess of the time allowed by regulation without being plugged, returned to service, or approved for temporary abandonment status./1
On December 3, 2019, Operator requested a hearing./2
2. On July 1, 2020, Operator filed a motion to withdraw its request for hearing.
3. The Prehearing Officer finds Operator's July 1, 2020, motion to be within the ambit of things a prehearing officer is allowed to rule upon,/3 and finds no compelling reason to deny the motion. Operator should not be forced to contest a Penalty Order it does not wish to contest.
4. The Prehearing Officer finds that because no party remains to contest the Commission's November 5, 2019, Penalty Order, further proceedings are unnecessary, and that closing this docket will not prevent Commission Staff from taking any appropriate or necessary administrative actions related to the Penalty Order.
THEREFORE, THE PREHEARING OFFICER ORDERS:
A. Operator's motion is granted; its request for hearing shall be considered withdrawn.
B. The status conference scheduled for July 2, 2020, is cancelled.
C. This docket is closed.
BY THE PREHEARING OFFICER IT IS SO ORDERED.
Dated: July 1, 2020
Jonathan R. Myers
Prehearing Officer
JRM
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1/ See Penalty Order, Sects. 6, 11 (Nov. 5, 2019).
2/ See Letter Requesting Hearing (Dec. 3, 2019).
3/ See Order Designating Prehearing Officer and Setting Prehearing Conference, Sect. 2; see also K.S.A. 77-5l7(b), K.S.A. 77-55l(c).
California PUC Issues Resolution on Integrated Resource Plans by Load-Serving Entities
SACRAMENTO, California, July 3 -- The California Public Utilities Commission issued the following resolution (No. E-5080): Approves a citation program enforcing compliance with the filing requirements of Integrated Resource Plans by Load-Serving Entities.
PROPOSED OUTCOME:
* This Resolution initiates a citation program authorizing Commission Staff to citeload serving entities (LSEs) for non-compliance with mandatory filing deadlines and reporting requirements of the Integrated Resource Planning (IRP) proceeding.
SAFETY CONSIDERATIONS:
* There are no safety considerations associated with this
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SACRAMENTO, California, July 3 -- The California Public Utilities Commission issued the following resolution (No. E-5080): Approves a citation program enforcing compliance with the filing requirements of Integrated Resource Plans by Load-Serving Entities.
PROPOSED OUTCOME:
* This Resolution initiates a citation program authorizing Commission Staff to citeload serving entities (LSEs) for non-compliance with mandatory filing deadlines and reporting requirements of the Integrated Resource Planning (IRP) proceeding.
SAFETY CONSIDERATIONS:
* There are no safety considerations associated with thisresolution.
ESTIMATED COST:
* There are no costs associated with this resolution.
SUMMARY
This Resolution would establish a Citation Program to compel Load Serving Entities (LSEs) to file their individual integrated resource plans in a timely and complete manner that facilitates the IRP process and ensures continued progress on reducing greenhouse gas (GHG) emissions by 40 percent by 2030, thereby meeting the objectives of Senate Bill (SB) 350.
This Integrated Resource Planning (IRP) Citation Program establishes a process for: assessing compliance, issuing fines, and appealing penalties. It specifies fines for failure to make required filings, filing late, or failure to file in the proper manner during the 2019-2020 IRP. The Citation Program would be used in future IRP cycles as well, subject to review and modifications.
The issuance of a citation for a specified violation is not mandatory. The Commission may initiate any authorized formal proceeding or pursue informal resolutions or other remedies to achieve completeness in the required LSE filings related to the IRP process.
BACKGROUND
In October 2015, the Legislature enacted Senate Bill (SB) 350 which requires the CPUC to focus energy procurement decisions on reducing greenhouse gas (GHG) emissions by 40 percent by 2030, including efforts to achieve at least 50 percent renewable energy procurement, doubling of energy efficiency, and promoting transportation electrification. In response, the Commission issued an Order Instituting Rulemaking in February 2016 on integrated resource planning to ensure adequate, cost-effective investment in a diverse range of electricity production resources for California. This mandate is codified in Public Utilities Code Sections 454.51 and 454.52. It directs the Commission to implement a process for integrated resource planning that will ensure that LSEs meet targets that allow the electricity sector to contribute to California's economy-wide greenhouse gas emissions reductions goals.
The Commission established an Integrated Resource Planning program in Decision 18-02-018./1 This rulemaking is based on the authority vested in the Commission by the California Constitution; California statutes and court decisions; and prior Commission decisions and orders. Nothing in this Resolution diminishes, alters, or reduces the Commission's existing authority to promote and enforce public safety and the reliability of California's electricity supply.
The Commission signaled its intent to develop an IRP citation program in Decision 19-04-040, issued May 1, 2019:/2 "In future IRP cycles, we will implement a citation process so that entities failing to provide any documentation will face monetary sanctions."
The IRP program requires LSEs to file individual integrated resource plans with the Commission once per IRP cycle. In the 2017-2018 IRP cycle, D.18-02-018 required LSEs to file an individual IRP or documentation substantiating eligibility for an exemption by August 1, 2018. All but one entity that were required to file an IRP did so in timely manner. One ESP (Commercial Energy) did not submit its IRP until April 26, 2019, approximately eight months late.
Decision 20-03-028,/3 adopted on March 26, 2020, requires CPUC-jurisdictional LSEs to submit two sets of plans by September 1, 2020. All LSEs operating within the CAISO Balancing Authority Area (BAA) must file conforming portfolios for their individual IRPs addressing their proportional share of the 46 million metric ton and the 38 million metric ton greenhouse gas targets for year 2030. This requires the completion of three template documents for each conforming portfolio. These templates are posted on the CPUC website:/4 a Narrative Template, a Resource Data Template and a Clean System Power Calculator. Each of these completed templates will provide inputs that are integral to the state's integrated resource planning process, and thus LSEs are required to submit these template documents in the required format and timeframe for each portfolio.Future IRP cycles may have different filing requirements, as determined by the Commission.
Each IRP cycle the Commission evaluates whether these LSE integrated resource plans collectively will result in a reliable and affordable electric system that meets the GHG emissions reduction requirements of state law and policy. For this aggregation the Commission must have timely and accurate information from each LSE. Failure to submit complete information about its Conforming Portfolio by even one LSE could significantly undermine the ability of the Commission to evaluate an IRP portfolio that encompasses the footprint of the California Independent System Operator (CAISO).
DISCUSSION
This Resolution creates an IRP Citation Program under the administration of the Consumer Protection and Enforcement Division for enforcing compliance with IRP filing requirements that apply to all CPUC-jurisdictional LSEs. Specifically, the citation program would enhance compliance with the requirements for submission of integrated resource plans and responses to requests for information by Energy Division reasonably related to the implementation of integrated resource planning requirements.
Generally, LSEs are expected to fully and accurately complete the LSE filing documents for each IRP cycle by the deadlines specified. For this current IRP cycle, this would require adherence to specific filing requirements standards, including the clear instructions within each of these posted documents:
* Resource Data Template: Complete responses with monthly energy and capacity procurement data and existing formulas (pre-written into template) copied down all the way to the bottom of the LSE data template.
* Narrative Template: Complete responses to each section and subsection. For the sections/subsections that are not applicable to the LSE, the Respondent should indicate "Not applicable" and provide an explanation.
* Clean System Power Calculator: Complete input values in the yellow cells in the Demand Inputs, the Supply Inputs and the ESP GHG Benchmark worksheets.
PU Code Section 702 mandates that "Every public utility shall obey and comply with every order, decision, direction, or rule made or prescribed by the commission in the matters specified in this part, or any other matter in anyway relating to or affecting its business as a public utility, and shall do everything necessary or proper to secure compliance therewith by all of its officers, agents, and employees." California law, including PU Code Section 7, authorizes the Commission to delegate certain powers to its staff, including the investigation of facts preliminary to agency action, and the assessment of specific fines for certain violations.
A citation program administered by Staff for a specified violation will allow prompt action by the Commission. This proposed resolution is consistent with these other approved citation programs.
The issuance of a citation for a specified violation is not mandatory. In enforcing compliance with IRP filing requirements, or in response to any Specified Violation, the Commission may initiate any authorized formal proceeding or pursue any other remedy authorized by the California Constitution, the Public Utilities Code, other state or federal statutes, court decisions or decrees, or otherwise by law or in equity. Finally, the Commission's enforcement of an IRP Citation Program by informal proceedings, formal proceedings, or otherwise, does not bar or affect the remedies otherwise available to other persons or government agencies.
COMMENTS
Public Utilities Code section 311(g)(1) provides that this resolution must be served on all parties and subject to at least 30 days public review and comment prior to a vote of the Commission. Section 311(g)(2) provides that this 30-day period may be reduced or waived upon the stipulation of all parties in the proceeding.
The 30-day comment period for the draft of this resolution was neither waived nor reduced. Accordingly, this draft resolution was mailed to parties for comments, and will be placed on the Commission's agenda no earlier than 30 days from today.
FINDINGS
1. Decision 19-04-040 concluded that the Commission should implement a citation program to ensure compliance with Public Utilities Code Sections 454.51 and 454.52.
2. Decision 20-03-028 established a schedule for all LSEs required to participate in the Commission's integrated resource planning process to file two sets of Integrated Resource plans by September 1, 2020.
3. Decision 20-03-028 further requires that these plans should include Conforming Portfolios that adhere to the assumptions used to form the 2019-2020 Reference System Portfolio for both the 46 MMT GHG target and the 38 MMT GHG target in 2030.
4. The Commission is authorized to enforce compliance with the IRP.
5. The Commission has the power to act as an enforcement agency and to ensure that penalties are promptly prosecuted and collected pursuant to Public Utilities Code Section 2101.
6. Public utilities are subject to Commission enforcement action and penalties pursuant to Public Utilities Code Sections 2102-2105, 2017, 2108 and 2114.
7. Pursuant to Public Utilities Code Section 394.25, electric service providers are subject to Commission enforcement action pursuant to Public Utilities Code Sections 2102-2105, 2017, 2108 and 2114 as if they were public utilities.
8. Community choice aggregators are subject to enforcement action pursuant to Public Utilities Code Section 2111.
9. Public Utilities Code Section 702 mandates every public utility to obey and comply with every Commission order, decision, direction, or rule.
10. Under California law, including Public Utilities Code Section 7, the Commission may delegate authority to its Staff to perform certain functions.
11. Delegation of authority to Commission Staff to issue citations and levy Scheduled Fines for Specified Violations will encourage compliance with the IRP program reporting requirements.
12. The Scheduled Fines set forth in Appendix A are reasonable, will encourage complete and timely filings of IRP compliance reports, and will encourage complete and timely responses to requests for information from Commission Staff that are directly related to IRP compliance reports.
13. The proposed procedures for the IRP citation program ensure due process, fairness, and efficiency in the application of the citation program.
THEREFORE IT IS ORDERED THAT:
1. The citation program and the Scheduled Fines for the Specified Violations as described in Appendix A, are hereby adopted.
2. Authority is delegated to Commission Staff to issue citations and levy Scheduled Fines for the Specified Violations set forth in Appendix A to enforce compliance for Load Serving Entities subject to the Commission's Renewables Portfolio Standard reporting requirements.
3. The issuance of a citation for a Specified Violation is not mandatory, and, in the alternative, the Commission may initiate any formal proceeding authorized by the California Constitution, the Public Utilities Code, other state and federal statutes, court decisions or decrees, the Commission's Rules of Practice and Procedure, or prior Commission orders, decisions, rules, directions, demands or requirements, and pursue any other remedy authorized by the California Constitution, the Public Utilities Code, other state or federal statutes, court decisions or decrees, or otherwise by law or in equity.
4. Nothing in this Resolution bars or affects the rights or remedies otherwise available to other persons or government agencies.
5. Resolution E-5080 is enacted.
6. This Resolution is effective today.
I certify that the foregoing resolution was duly introduced, passed and adopted at a conference of the Public Utilities Commission of the State of California held on August 6, 2020; the following Commissioners voting favorably thereon:
ALICE STEBBINS
Executive Director
* * *
1/ Decision Setting Requirements for Load Serving Entities Filing Integrated Resource Plans, adopted February 8, 2018: http://docs.cpuc.ca.gov/SearchRes.aspx?docformat=ALL&DocID=209771632
2/ Decision Adopting Preferred System Portfolio and Plan for 2017-2018 Integrated Resource Plan Cycle, Section 2.4.4: https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M287/K437/287437887.PDF
3/ 2019-2020 Electric Resource Portfolios to Inform Integrated Resource Plans and Transmission Planning, March 26, 2020: https://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M331/K772/331772681.PDF
4/ https://www.cpuc.ca.gov/General.aspx?id=6442459770
