Opening Comments Filed by the Center for Resource Solutions on Decision Implementing Portfolio Content Catagories for the Renewables Portfolio Standard Program

In these comments, CRS recommends removal or clarification of the tenets proposed on page 14 of the Administrative Law Judge’s Proposed Decision Implementing Portfolio Content Categories (“Proposed Decision”) for the Renewables Portfolio Standard Program (“RPS”) pursuant to Pub. Util. Code §399.16 (2011), “What you buy is what you have.” and “What you have is what you retire for RPS compliance,” for the process of determining compliance with the portfolio content categories. To refer to these simplified rules of thumb as “tenets” may cause confusion in the event that the proposed tenets conflict with California Energy Commission (“CEC”) findings during RPS compliance verification. CRS requests that the California Public Utilities Commission either remove the tenets completely, or at a minimum, rename the tenets “rough guidelines,” “considerations” or “rules of thumb” to clarify that the CEC verification and Commission compliance determination supersede the tenets, and that the tenets create no guarantee of RPS eligibility.