`BEFORE THE
`FEDERAL ENERGY REGULATORY COMMISSION
`
`Docket No. EL10-64-000
`
`Docket No. EL10-66-000
`
`)
`(Not Consolidated)
`
`)))))
`
`Public Utilities Commission Of The
`State of California
`
`Southern California Edison Company,
`Pacific Gas and Electric Company, and
`San Diego Gas & Electric Company
`
`MOTION TO INTERVENE OF THE
`VERMONT DEPARTMENT OF PUBLIC SERVICE
`
`Pursuant to Rule 214 of the Federal Energy Regulatory Commission's ("FERC" or
`
`"Commission") Rules of Practice and Procedure, 18 C.F.R. § 385.214, the Vermont
`
`Department of Public Service (“VDPS”) hereby files this motion to intervene in the
`
`above-referenced proceedings regarding the May 4, 2010 filing of the Public Utilities
`
`Commission of the State of California ("CPUC") and the May 11, 2010 filing of Southern
`
`California Edison Company, Pacific Gas and Electric Company, and San Diego Gas &
`
`Electric Company (collectively, "California Utilities"). In support of its filing, VDPS
`
`states as follows:
`
`I.
`
`COMMUNICATIONS
`
`In accordance with Rule 2010, 18 C.F.R. § 385.2010, VDPS hereby designates
`
`the following persons for service of documents in this proceeding:
`
`Hans Mertens
`Vermont Department of
` Public Service
`112 State Street – Drawer 20
`Montpelier, VT 05620-2601
`(802) 828-4007 (phone)
`(802) 828-2342 (fax)
`hans.mertens@state.vt.us
`
`Harvey L. Reiter
`Jonathan P. Trotta
`Stinson Morrison Hecker LLP
`1150 18th Street, N.W., Suite 800
`Washington, DC 20036
`(202) 785-9100 (phone)
`(202) 785-9163 (fax)
`hreiter@stinson.com
`
`DB02/773843.0001/8657084.1
`
`
`
`jtrotta@stinson.com
`
`II.
`
`DESCRIPTION OF FILINGS
`
`On May 4, 2010, the CPUC filed a petition for declaratory order in Docket No. EL10-
`
`64-000 requesting the Commission find that the CPUC 's decisions promoting combined
`
`heat and power systems (i.e., cogeneration) of 20 MW or less are not preempted by the
`
`Federal Power Act (FPA), 16 U.S.C. §§ 824, et seq., Public Utilities Regulatory Policies
`
`Act (PURPA) 16 U.S.C. § 824a-1, et seq., or FERC regulations. According to the CPUC,
`
`its decisions and feed-in tariff are not preempted because their primary purpose is
`
`environmental protection whereas the primary purposes of the FPA and PURPA are
`
`economic. The CPUC argues that FERC has recognized the authority of states over
`
`resource portfolios and procurement of retail utilities.
`
`One May 11, 2010, the California Utilities filed a petition for declaratory order in
`
`Docket No. EL10-66-000 requesting the Commission find that the CPUC's decisions are
`
`preempted by the FPA and beyond the CPUC's authority under PURPA. The California
`
`Utilities argue that state commission orders are inconsistent with FPA section 205 if they
`
`set rates charged by public utilities for sales or resales in interstate commerce. On May
`
`17, 2010, the CPUC filed a motion to consolidate the petitions for declaratory order filed
`
`by the CPUC and the California Utilities.
`
`III.
`
`BASIS FOR INTERVENTION
`
`VDPS is charged, through the Director for Public Advocacy, to represent the
`
`interests of the public in utility matters before the Vermont Public Service Board as well
`
`as before the Commission. See Vt. Stat. Ann. tit. 30, § 2(b) (1997). As the State of
`
`Vermont’s public advocate, VDPS has an affirmative duty to protect the interests of
`
`2
`
`DB02/773843.0001/8657084.1
`
`
`
`Vermont consumers of electricity in securing reliable, safe, reasonably priced power.
`
`VDPS has participated in Commission proceedings on behalf of Vermont ratepayers in
`
`numerous dockets.
`
`This filing may affect the electric rates paid by Vermont consumers.
`
`Accordingly, VDPS requests leave to intervene in this proceeding to represent the
`
`interests of electric consumers in the State of Vermont and submits that such participation
`
`is in the public interest. See 18 C.F.R. §§ 385.214(b)(2)(ii) and 385.214(b)(2)(iii) (2006).
`
`III.
`
`CONCLUSION
`
`WHEREFORE, for the foregoing reasons, VDPS respectfully requests that the
`
`Commission grant VDPS' motion to intervene in these proceedings.
`
`Respectfully submitted,
`
`VERMONT DEPARTMENT OF PUBLIC SERVICE
`
`/s/ Harvey L. Reiter________________
`
`Harvey L. Reiter
`Jonathan P. Trotta
`STINSON MORRISON HECKER LLP
`1150 18th Street, NW, Suite 800
`Washington, DC 20036
`(202) 785-9100 (phone)
`(202) 785-9163 (fax)
`hreiter@stinson.com
`jtrotta@stinson.com
`
`Their Attorneys
`
`Dated: June 3, 2010
`
`3
`
`DB02/773843.0001/8657084.1
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that I have this day served the foregoing document, via electronic
`
`mail or first class mail, upon each person designated on the service list compiled by the
`
`Secretary in this proceeding.
`
`Dated at Washington, D.C., this 3rd day of June, 2010.
`
`/s/ Jonathan P. Trotta
`
`Jonathan P. Trotta
`
`4
`
`DB02/773843.0001/8657084.1
`
`
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