Common use of REQUEST FOR COMMISSION APPROVAL Clause in Contracts

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than late March 2013, that: 1. Approves the A&R PPA in its entirety, including payments to be made by PG&E pursuant to the A&R PPA, subject to the Commission’s review of PG&E’s administration of the A&R PPA. 2. Finds that any procurement pursuant to the A&R PPA is procurement from eligible renewable energy resources for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS (Public Utilities Code Section 399.11 et seq.), D. ▇▇-▇▇-▇▇▇ and D.▇▇-▇▇-▇▇▇, or other applicable law. 3. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.13(g), associated with the A&R PPA shall be recovered in rates. 4. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R PPA is consistent with PG&E’s 2011 RPS procurement plan. b. The terms of the A&R PPA, including the price of delivered energy, is reasonable. 5. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R PPA: a. The utility’s costs under the A&R PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost that may arise from the A&R PPA is subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is addressed in D.08-09- 012. 6. Adopts the following findings with respect to resource compliance with the EPS adopted in R.▇▇-▇▇-▇▇▇: a. The PPA is pre-approved as meeting the EPS because it is for an existing biomass facility covered by Conclusion of Law 35(d) of D.▇▇-▇▇-▇▇▇. b. PG&E has provided the notice of procurement required by D.▇▇-▇▇-▇▇▇ in its Advice Letter filing. 7. Adopts a finding of fact and conclusion of law that deliveries from the A&R PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth in Section 399.16(d) of the Public Utilities Code.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than late March 2013December 2, 2010, that: 1. Approves the A&R Amended and Restated PPA in its entirety, including payments to be made by PG&E pursuant to the A&R Amended and Restated PPA, subject to the Commission’s review of PG&E’s administration of the A&R Amended and Restated PPA. 2. Finds that any procurement pursuant to the A&R Amended and Restated PPA is procurement from an eligible renewable energy resources resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”), D. ▇▇D.03- 06-▇▇-▇▇▇ 071 and D.▇▇-▇▇-▇▇▇, or other applicable law. 3. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.13(g399.14(g), associated with the A&R Amended and Restated PPA shall be recovered in rates. 4. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R Amended and Restated PPA is consistent with PG&E’s 2011 2009 RPS procurement plan. b. The terms of the A&R Amended and Restated PPA, including the price of delivered energy, is are reasonable. 5. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R Amended and Restated PPA: a. The utility’s costs under the A&R Amended and Restated PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost costs that may arise from the A&R Amended and Restated PPA is are subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is addressed in D.08D.▇▇-09- 012▇▇-▇▇▇. 6. Adopts the following findings with respect to resource compliance with the EPS Emissions Performance Standard (“EPS”) adopted in R.▇▇-▇▇-▇▇▇: a. The Amended and Restated PPA is pre-approved as meeting the EPS because it is for an existing biomass geothermal facility covered by Conclusion of Law 35(d35(c) of D.▇▇-▇▇-▇▇▇. b. PG&E has provided the notice of procurement required by D.▇▇-▇▇-▇▇▇ in its Advice Letter filing. 7. Adopts a finding of fact and conclusion of law that deliveries from the A&R PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth in Section 399.16(d) of the Public Utilities Code.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than late early March 2013, 2013 that: 1. Approves the A&R PPA in its entirety, including payments to be made by PG&E pursuant to the A&R PPA, subject to the Commission’s review of PG&E’s administration of the A&R PPA. 2. Finds that any procurement pursuant to the A&R PPA is procurement from eligible renewable energy resources for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS (Public Utilities Code Section 399.11 et seq.), D. ▇▇-▇▇-▇▇▇ and D.▇▇D.11- 12-▇▇-▇▇▇052, or other applicable law. 3. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.13(g), associated with the A&R PPA shall be recovered in rates. 4. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R PPA is consistent with PG&E’s 2011 RPS procurement plan. b. The terms of the A&R PPA, including the price of delivered energy, is reasonable. 5. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R PPA: a. The utility’s costs under the A&R PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost that may arise from the A&R PPA is subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is addressed in D.08D.▇▇-09- 012▇▇-▇▇▇. 6. Adopts the following findings with respect to resource compliance with the EPS adopted in R.▇▇-▇▇-▇▇▇: a. The PPA is pre-approved as meeting the EPS because it is for an existing biomass facility covered by Conclusion of Law 35(d) of D.▇▇-▇▇-▇▇▇. b. PG&E has provided the notice of procurement required by D.▇▇D.06-▇▇-▇▇▇ 01- 038 in its Advice Letter filing. 7. Adopts a finding of fact and conclusion of law that deliveries from the A&R PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from categorized as procurement under the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth specified in Section 399.16(d) 399.16(b)(1)(A), subject to the Commission’s after-the-fact verification that all applicable criteria have been met. 8. Adopts a finding of fact and conclusion of law that, to the extent the ▇▇▇▇▇▇▇▇ II facility receives all necessary approvals to be designated as a CHP Facility defined by the QF/CHP Settlement adopted by D.10-12- 035: ▇. ▇▇▇▇▇▇▇▇ ▇▇ will be counted as a GHG Credit from a New CHP Facility pursuant to section 7.3.1.1 of the Public Utilities CodeQF/CHP Settlement Agreement Term Sheet. ▇. ▇▇▇▇▇▇▇▇ ▇▇ will not be counted toward the MW targets pursuant to section 5.2.5 of the QF/CHP Settlement Agreement Term Sheet.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than late March 2013February 2012, that: 1. Approves the A&R PPA in its entirety, including payments to be made by PG&E pursuant to the A&R PPA, subject to the Commission’s review of PG&E’s administration of the A&R PPA. 2. Approves the QF Modifications in their entirety. 3. Finds that any procurement pursuant to the A&R PPA is procurement from an eligible renewable energy resources resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.), D. ) (“RPS”) Decision (“D.”) ▇▇-▇▇-▇▇▇ and D.▇▇-▇▇-▇▇▇, or other applicable law. 34. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.13(g399.14(g), associated with the A&R PPA shall be recovered in rates. 45. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R PPA is consistent with PG&E’s 2011 2009 RPS procurement plan. b. The terms of the A&R PPA, including the price of delivered energy, is are reasonable. 56. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R PPA: a. The utility’s costs under the A&R PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost costs that may arise from the A&R PPA is are subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is addressed in D.08D.▇▇-09- 012▇▇-▇▇▇. 67. Adopts the following findings with respect to resource compliance with the EPS Emissions Performance Standard (“EPS”) adopted in R.▇▇-▇▇-▇▇▇: a. The PPA is pre-approved as meeting not covered procurement subject to the EPS because it the generating facility has a forecast capacity factor of less than 60 percent and, therefore, is for an existing biomass facility covered by Conclusion of Law 35(dnot baseload generation under paragraphs 1(a)(ii) of D.▇▇-▇▇-▇▇▇. b. PG&E has provided the notice of procurement required by D.▇▇-▇▇-▇▇▇ in its Advice Letter filing. 7. Adopts a finding of fact and conclusion of law that deliveries from the A&R PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth in Section 399.16(d3(2)(a) of the Public Utilities CodeAdopted Interim EPS Rules.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no not later than late March 2013July 28, 2011, that: 1. Approves the A&R PPA in its entirety, including payments to be made by PG&E pursuant to the A&R PPA, subject to the Commission’s review of PG&E’s administration of the A&R PPA. 2. Finds that any procurement pursuant to the A&R PPA is procurement from an eligible renewable energy resources resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS (Public Utilities Code Section 399.11 et seq.), D. D.▇▇-▇▇-▇▇▇ and D.▇▇-▇▇-▇▇▇, or other applicable law. 3. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.13(g399.14(g), associated with the A&R PPA shall be recovered in rates. 4. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R PPA is consistent with PG&E’s 2011 2009 RPS procurement plan. b. The terms of the A&R PPA, including the price of delivered energy, is are reasonable. 5. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R PPA: a. The utility’s costs under the A&R PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost costs that may arise from the A&R PPA is are subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is addressed in D.08D.▇▇-09- 012▇▇-▇▇▇. 6. Adopts the following findings with respect to resource compliance with the EPS Emissions Performance Standard (“EPS”) adopted in R.▇▇-▇▇-▇▇▇: a. The PPA is pre-approved as meeting not covered procurement subject to the EPS because it the generating facility has a forecast capacity factor of less than 60 percent and, therefore, is for an existing biomass facility covered by Conclusion of Law 35(dnot baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of D.▇▇-▇▇-▇▇▇the Adopted Interim EPS Rules. b. PG&E has provided the notice of procurement required by D.▇▇D.06- 01-▇▇-▇▇▇ 038 in its Advice Letter filing. 7. Adopts a finding of fact and conclusion of law that deliveries from the A&R PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth in Section 399.16(d) of the Public Utilities Code.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than late March 2013, July 2018 that: 1. Approves the A&R Amended and Restated PPA in its entirety, including payments to be made by PG&E pursuant to the A&R Amended and Restated PPA, subject to the Commission’s review of PG&E’s administration of the A&R Amended and Restated PPA. 2. Finds that any procurement pursuant to the A&R Amended and Restated PPA is procurement from eligible renewable energy resources for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS (Public Utilities Code Section 399.11 et seq.), D. D.▇▇-▇▇-▇▇▇ and D.▇▇-▇▇-▇▇▇, or other applicable law. 3. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.13(g), associated with the A&R Amended and Restated PPA shall be recovered in rates. 4. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R Amended and Restated PPA is consistent with PG&E’s 2011 2017 RPS procurement plan. b. The terms of the A&R Amended and Restated PPA, including the price prices of delivered energy and deemed delivered energy, is are reasonable. 5. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R Amended and Restated PPA: a. The utility’s costs payments to ▇▇▇▇▇▇ ▇▇ under the A&R Amended and Restated PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost that may arise from the A&R PPA is subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is addressed in D.08-09- 012. 6. Adopts the following findings with respect to resource compliance with the EPS adopted in R.▇▇-▇▇-▇▇▇: a. The Amended and Restated PPA is pre-approved as meeting the EPS because it is for an existing biomass wind facility covered by Conclusion of Law 35(d) of D.▇▇-▇▇-▇▇▇. b. PG&E has provided the notice of procurement required by D.▇▇-▇▇-▇▇▇ in its Advice Letter filing. 7. Adopts a finding of fact and conclusion of law that deliveries from the A&R Amended and Restated PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth in categorized as grandfathered procurement pursuant to California Public Utilities Code Section 399.16(d) of ), subject to the Public Utilities CodeCommission’s after-the-fact verification that all applicable criteria have been met.

REQUEST FOR COMMISSION APPROVAL. The continued effectiveness of the PPA is conditioned on the occurrence of “CPUC Approval,” as that term is defined in the PPA. Time is of the essence in the Commission’s consideration and approval of this Advice Letter. PG&E requests that the Commission issue a resolution no later than late March 2013June 12, 2008, that: 1. Approves the A&R PPA in its entirety, including payments to be made by PG&E pursuant to the A&R PPA, subject to the Commission’s review of PG&E’s administration of the A&R PPA. 2. Finds that any procurement pursuant to the A&R PPA is procurement from an eligible renewable energy resources resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”), D. Decision (“D.”) ▇▇-▇▇-▇▇▇ and D.▇▇-▇▇-▇▇▇, or other applicable law. 3. Finds that all procurement and administrative indirect costs, as provided by Public Utilities Code section 399.13(g399.15(d), associated with procurement under the A&R PPA shall be recovered in rates. 4. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R PPA is consistent with PG&E’s 2011 approved 2006 RPS procurement plan. b. The terms of the A&R PPA, including the price of delivered energy, is are reasonable. 5. Adopts the following finding of fact and conclusion of law in support of PPA cost recovery for the A&R PPArecovery: a. The utility’s costs cost of procurement under the A&R PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost costs that may arise from the A&R PPA is are subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is being addressed in D.08Rulemaking (“R.”) ▇▇-09- 012▇▇-▇▇▇. 6. Adopts the following findings with respect to resource compliance with the EPS Emissions Performance Standard (“EPS”) adopted in R.▇▇-▇▇-▇▇▇: a. The PPA is pre-approved as meeting not a covered procurement subject to the EPS because it the generating facility has a forecast annualized capacity factor of less than 60% and therefore is for an existing biomass facility covered by Conclusion of Law 35(dnot baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of D.▇▇-▇▇-▇▇▇. b. PG&E has provided the notice of procurement required by D.▇▇-▇▇-▇▇▇ in its Advice Letter filingAdopted Interim EPS Rules. 7. Adopts a finding Finds that the PPA meets the criteria specified by Public Utilities Code section 399.15(d)(2). Accordingly, the above-MPR portion of fact and conclusion the cost of law that deliveries from procurement under the A&R PPA shall is eligible to count in full toward PG&E’s RPS requirements and shall be exempt from against the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth in Section 399.16(d) of the procurement cap defined by Public Utilities CodeCode section 399.15(d)(1).

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than late March 2013, as soon as possible that: 1. Approves the A&R PPA in its entirety, including payments to be made by PG&E pursuant to the A&R PPA, subject to the Commission’s review of PG&E’s administration of the A&R PPA.. Advice 4048-E May 25, 2012 2. Finds that any procurement pursuant to the A&R PPA is procurement from an eligible renewable energy resources resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.), D. D.▇▇-▇▇-▇▇▇ and D.▇▇-▇▇-▇▇▇, or other applicable law. 3. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.13(g), associated with the A&R PPA shall be recovered in rates. 4. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R PPA is consistent with PG&E’s 2011 RPS procurement plan. b. The terms of the A&R PPA, including the price of delivered energy, is are reasonable. 5. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R PPA: a. The utility’s costs under the A&R PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost costs that may arise from the A&R PPA is are subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is addressed in D.08-09- 012. 6. Adopts a finding of fact and conclusion of law that deliveries from the A&R PPA fall within the RPS portfolio content category set forth in Public Utilities Code Section 399.16(b)(1). 7. Adopts the following findings with respect to resource compliance with the EPS adopted in R.▇▇-▇▇-▇▇▇: a. The A&R PPA is pre-approved as meeting the EPS because it is for an existing biomass geothermal facility covered by Conclusion of Law 35(d35(c) of D.▇▇-▇▇-▇▇▇. b. PG&E has provided . Advice 4048-E May 25, 2012 Anyone wishing to protest this filing may do so by sending a letter by June 14, 2012, which is 20 days from the notice date of procurement required by D.this filing. The protest must state the grounds upon which it is based, including such items as financial and service impact, and should be submitted expeditiously. Protests should be mailed to: CPUC Energy Division Attention: Tariff Unit, 4th Floor ▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ San Francisco, California 94102 Facsimile: (▇▇▇) ▇▇▇-▇▇▇▇ E-mail: ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇.▇▇▇ Copies should also be mailed to the attention of the Director, Energy Division, Room 4004, at the address shown above. The protest also should be sent via U.S. mail (and by facsimile and electronically, if possible) to PG&E at the address shown below on the same date it is mailed or delivered to the Commission. Pacific Gas and Electric Company Attention: ▇▇▇▇▇ ▇. ▇▇▇▇▇▇ Vice President, Regulation and Rates ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, Mail Code B10C P.O. Box 770000 San Francisco, California 94177 Facsimile: (▇▇▇) ▇▇▇-▇▇▇-▇▇▇▇ in its Advice Letter filingE-Mail: ▇▇▇▇▇▇▇▇▇▇@▇▇▇. 7. Adopts a finding of fact and conclusion of law that deliveries from the A&R PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth in Section 399.16(d) of the Public Utilities Code.▇▇▇

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than late March 2013April 2011, that: 1. Approves the A&R PPA in its entirety, including payments to be made by PG&E pursuant to the A&R PPA, subject to the Commission’s review of PG&E’s administration of the A&R PPA. 2. Finds that any procurement pursuant to the A&R PPA is procurement from an eligible renewable energy resources resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.), D. ) (“RPS”) D.▇▇-▇▇-▇▇▇ and D.▇▇-▇▇-▇▇▇, or other applicable law. 3. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.13(g399.14(g), associated with the A&R PPA shall be recovered in rates. 4. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R PPA is consistent with PG&E’s 2011 2009 RPS procurement plan. b. The terms of the A&R PPA, including the price of delivered energy, is are reasonable. 5. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R PPA: a. The utility’s costs under the A&R PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost costs that may arise from the A&R PPA is are subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is addressed in D.08D.▇▇-09- 012▇▇-▇▇▇. 6. Adopts the following findings with respect to resource compliance with the EPS Emissions Performance Standard (“EPS”) adopted in R.▇▇-▇▇-▇▇▇: a. The PPA is pre-approved as meeting not covered procurement subject to the EPS because it the generating facility has a forecast capacity factor of less than 60 percent and, therefore, is for an existing biomass facility covered by Conclusion of Law 35(dnot baseload generation under paragraphs 1(a)(ii) of D.▇▇-▇▇-▇▇▇. b. PG&E has provided the notice of procurement required by D.▇▇-▇▇-▇▇▇ in its Advice Letter filing. 7. Adopts a finding of fact and conclusion of law that deliveries from the A&R PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth in Section 399.16(d3(2)(a) of the Public Utilities CodeAdopted Interim EPS Rules.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than late March 2013December 15, 2011, that: 1. Approves the A&R PPA and the First Amendment in its their entirety, including payments to be made by PG&E pursuant to the A&R PPA, subject to the Commission’s review of PG&E’s administration of the A&R PPA. 2. Approves the enXco Amendment in its entirety. 3. Finds that any procurement pursuant to the A&R PPA is procurement from an eligible renewable energy resources resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.), D. ) (“RPS”) Decision (“D.”) ▇▇-▇▇-▇▇▇ and D.▇▇-▇▇-▇▇▇, or other applicable law. 34. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.13(g399.14(g), associated with the A&R PPA shall be recovered in rates. 45. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R PPA is consistent with PG&E’s 2011 2009 RPS procurement plan. b. The terms of the A&R PPA, including the price of delivered energy, is are reasonable. 56. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R PPA: a. The utility’s costs under the A&R PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost costs that may arise from the A&R PPA is are subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is addressed in D.08D.▇▇-09- 012▇▇-▇▇▇. 67. Adopts the following findings with respect to resource compliance with the EPS Emissions Performance Standard (“EPS”) adopted in R.▇▇-▇▇-▇▇▇: a. The PPA is pre-approved as meeting not covered procurement subject to the EPS because it the generating facility has a forecast capacity factor of less than 60 percent and, therefore, is for an existing biomass facility covered by Conclusion of Law 35(dnot baseload generation under paragraphs 1(a)(ii) of D.▇▇-▇▇-▇▇▇. b. PG&E has provided the notice of procurement required by D.▇▇-▇▇-▇▇▇ in its Advice Letter filing. 7. Adopts a finding of fact and conclusion of law that deliveries from the A&R PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the Original PPA and the A&R PPA meet the criteria set forth in Section 399.16(d3(2)(a) of the Public Utilities CodeAdopted Interim EPS Rules.

REQUEST FOR COMMISSION APPROVAL. PG&E requests that the Commission issue a resolution no later than late March 2013August 2, 2012, that: 1. Approves the A&R Amended PPA in its entirety, including payments to be made by PG&E pursuant to the A&R Amended PPA, subject to the Commission’s review of PG&E’s administration of the A&R Amended PPA. 2. Finds that any procurement pursuant to the A&R Amended PPA is procurement from an eligible renewable energy resources resource for purposes of determining PG&E’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the California RPS Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.) (“RPS”), D. Decision (“D.”) ▇▇-▇▇-▇▇▇ and D.▇▇-▇▇-▇▇▇, or other applicable law. 3. Finds that all procurement and administrative costs, as provided by Public Utilities Code section 399.13(g399.14(g), associated with the A&R Amended PPA shall be recovered in rates. 4. Adopts the following finding of fact and conclusion of law in support of CPUC Approval: a. The A&R Amended PPA is consistent with PG&E’s 2011 RPS procurement plan. b. The terms of the A&R Amended PPA, including the price of delivered energy, is are reasonable. 5. Adopts the following finding of fact and conclusion of law in support of cost recovery for the A&R Amended PPA: a. The utility’s costs under the A&R Amended PPA shall be recovered through PG&E’s Energy Resource Recovery Account. b. Any stranded cost costs that may arise from the A&R Amended PPA is subject to the provisions of D.▇▇-▇▇-▇▇▇ that authorize recovery of stranded renewables procurement costs over the life of the contract. The implementation of the D.▇▇-▇▇-▇▇▇ stranded cost recovery mechanism is addressed in D.08-09- 012. 6. Adopts the following findings with respect to resource compliance with the EPS Emissions Performance Standard (“EPS”) adopted in R.▇▇-▇▇-▇▇▇: a. The Amended PPA is pre-approved as meeting not covered procurement subject to the EPS because it is for an existing biomass the generating facility covered by Conclusion has a forecast capacity factor of Law 35(dless than 60 percent each and, therefore, are not baseload generation under paragraphs 1(a)(ii) and 3(2)(a) of D.▇▇-▇▇-▇▇▇. b. PG&E has provided the notice of procurement required by D.▇▇-▇▇-▇▇▇ in its Advice Letter filingAdopted Interim EPS Rules. 7. Adopts a finding of fact and conclusion of law that deliveries from the A&R Amended PPA shall count in full toward PG&E’s RPS requirements and shall be exempt from the RPS portfolio content category requirements because the Original original PPA and the A&R PPA amendment meet the criteria set forth in Section 399.16(d) of the Public Utilities Code.