SECTIONS 2811-2816 - California Statutes

PUBLIC UTILITIES CODE

SECTION 2811-2816

2811. In order to promote the more efficient use and distribution
of natural gas or electric energy and eliminate the necessity for
construction of transmission facilities for gas or electricity
produced by a private energy producer separate from those which may
already exist to serve the same area and are owned and operated by a
public utility subject to the jurisdiction and control of the Public
Utilities Commission, the commission shall authorize the construction
of an interconnection by a private energy producer upon application
of such producer if the commission makes the findings required by
Sections 2812 and 2812.5. The commission shall render its decision on
any application filed pursuant to this chapter within 180 days of
receipt of the application or at such later time as may be mutually
agreed upon by the commission, the applicant, and the interconnecting
public utility.

2812. Upon application of a private energy producer, and after
notice to any affected public utility and hearing thereon, the
commission shall authorize such producer to construct an
interconnection for the purpose of transporting natural gas, if the
commission finds: (1) that such interconnection is in the public
interest and for the general public benefit, (2) involves natural gas
located within this state in the service area of the public utility,
ultimately consumed within this state, and which would otherwise be
undeveloped because a public utility is unable or unwilling to
purchase it at a price the commission finds to be reasonable, (3)
would not cause energy which would likely otherwise be made available
to the general public to be diverted to the private energy producer,
and (4) that the energy has substantially the equivalent quality and
characteristics as the energy in the utility's transmission system
with which the interconnection would be made. The commission shall
prescribe such reasonable terms, conditions, and requirements as it
deems appropriate.

2812.5. Upon application of a private energy producer, and after
notice to any affected public utility and hearing thereon, the
commission shall authorize such producer to construct an
interconnection for the purpose of transmitting electricity, if the
commission finds:
(1) That no uncompensated burden will be placed upon the utility
or utilities furnishing the transmission service.
(2) That furnishing the transmission service will not result in
any added costs or any other adverse consequences for the customers
of the electrical corporation.
(3) That the facilities proposed in the application will be used
to transmit power from other than a conventional power source for
generating electrical power.
The commission shall prescribe such reasonable terms, conditions,
and requirements as it deems appropriate.

2813. The private energy producer shall be required to provide and
to pay the total cost of the interconnection as well as any costs
associated with providing a transmission capacity sufficient to
handle that portion of the energy generated by the private energy
producer that is over and above the capacity otherwise required by
the public utility to service its utility customers and meet other
authorized commitments. The public utility shall not be required to
construct any additional electric or gas facilities on its system or
to acquire any real property by eminent domain or otherwise for such
facilities, in order to perform the service contemplated by this
chapter unless the cost of such additional facilities or acquisitions
are to be borne by the private energy producer.

2815. Nothing in this chapter shall require that any private energy
producer perform any service or deliver any commodity to the public
or any portion thereof, for compensation or otherwise, except as
provided in this article.

2816. Every public utility shall keep accurate records of
transactions with a private energy producer, and of the use of the
public utility's facilities by the private energy producer, pursuant
to an interconnection ordered or approved by the commission and shall
render such reports thereon to the commission as the commission may
from time to time require. The commission may disapprove any such
transaction or use if, after hearing, it finds such transaction or
use to be inconsistent with this chapter or any rule, regulation, or
order of the commission.