pacific gas & electric company · letter filing will be answered by energy division staff based...
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STATE OF CALIFORNIA Governor
PUBLIC UTILITIES COMMISSION505 Van Ness AvenueSan Francisco CA 94102-3298
GAVIN NEWSOM,
Pacific Gas & Electric CompanyELC (Corp ID 39)Status of Advice Letter 5803EAs of May 27, 2020
Division Assigned: Energy
Date Filed: 04-06-2020
Date to Calendar: 04-10-2020
Authorizing Documents:
Disposition:Effective Date:
Resolution Required: No
Resolution Number: None
Commission Meeting Date: None
CPUC Contact Information:
AL Certificate Contact Information:
Amendment No. 2 to Supplement No. 2 Under the Master Agreement with the Peninsula Corridor Joint Powers Board Regarding the Peninsula Corridor
Subject:
E-4811
Accepted05-06-2020
Annie Ho
To: Energy Company Filing Advice Letter
From: Energy Division PAL Coordinator
Subject: Your Advice Letter Filing
The Energy Division of the California Public Utilities Commission has processed your recent Advice Letter (AL) filing and is returning an AL status certificate for your records.
The AL status certificate indicates:
Advice Letter Number Name of Filer CPUC Corporate ID number of Filer Subject of Filing Date Filed Disposition of Filing (Accepted, Rejected, Withdrawn, etc.) Effective Date of Filing Other Miscellaneous Information (e.g., Resolution, if applicable, etc.)
The Energy Division has made no changes to your copy of the Advice Letter Filing; pleasereview your Advice Letter Filing with the information contained in the AL status certificate, and update your Advice Letter and tariff records accordingly.
All inquiries to the California Public Utilities Commission on the status of your Advice Letter Filing will be answered by Energy Division staff based on the information contained in the Energy Division's PAL database from which the AL status certificate is generated. If you have any questions on this matter please contact the: Energy Division's Tariff Unit by e-mail to [email protected]
STATE OF CALIFORNIA Governor
PUBLIC UTILITIES COMMISSION505 Van Ness AvenueSan Francisco CA 94102-3298
GAVIN NEWSOM,
Erik Jacobson
Director
Regulatory Relations
Pacific Gas and Electric Company
77 Beale St., Mail Code B13U
P.O. Box 770000
San Francisco, CA 94177
Fax: 415-973-3582
April 6, 2020
Advice 5803-E (Pacific Gas and Electric Company ID U 39 E) Public Utilities Commission of the State of California
Subject: Amendment No. 2 to Supplement No. 2 Under the Master Agreement
with the Peninsula Corridor Joint Powers Board Regarding the
Peninsula Corridor Electrification Project in Accordance with
General Order 96-B, Section 9.2.3 and Resolution E-4811
Purpose Pacific Gas and Electric Company (PG&E) requests approval of this agreement with the Peninsula Corridor Joint Powers Board (JPB or Caltrain) for work related to the design and extension of electric transmission facilities to two JPB traction power substations to provide power for the Caltrain Modernization Program (Electrification Project). The agreement amends the Authorized Amount under Supplements No. 2 to the Master Agreement to $27,800,000. The agreement is Amendment No. 2 to Supplement No. 2 to the Master Agreement between PG&E and JPB (the Master Agreement). 1 The Master Agreement, Supplement No. 1 and the Amendment to Supplement No. 1 were all approved by the California Public Utilities Commission (CPUC or Commission) in Resolution E-4811, subject to the conditions contained therein. Supplement No. 2 was approved by the Commission in Resolution E-4985. As required by Ordering Paragraph 3 of Resolution E-4811, PG&E is submitting this Amendment for approval by the Commission pursuant to Section 9.2.3 of General Order (G.O.) 96-B, and Section 5.3 (8) of the Energy Industry Rules.
Background The background of the Electrification Project is set forth in PG&E’s Advice 4853-E and in Resolution E-4811. The Master Agreement, approved in Resolution E-4811 subject to the conditions therein, governs the overall relationship between PG&E and Caltrain with respect to the Electrification Project. Individual scopes of work are or will be addressed in “Supplements” that will set forth the particular scope of work, the
1 A copy of Amendment No. 2 to Supplement No. 2 is attached as Attachment 1.
Advice 5803-E - 2 - April 6, 2020 authorized dollar amount, and various milestones, deliverables, and respective responsibilities. Supplement No. 1, as amended, was approved by Resolution E-4811 with the authorized contract amount of up to $2,900,000 for PG&E to conduct preliminary engineering and design for the interconnection of JPB’s two traction power stations. Supplement No. 2 was approved by Resolution E-4985 with an authorized contract amount of up to $1,000,000 for PG&E’s monitoring of and assistance with Caltrain’s work on interties for its two traction power substations, including the scope of environmental review, permit responsibility, and land rights. Amendment No. 1 to Supplement No. 2 was signed to increase the authorized contract amount $1,000,000 to $2,800,000. PG&E had originally estimated $2,800,000 for the defined work scope; however, JPB originally had limited the authorized amount to only $1,000,000. Amendment No. 1 to Supplement No. 2 was executed by JPB and PG&E on April 4, 2018. An Amendment 2 to Supplement No. 2 was signed to increase the authorized contract amount $2,800,000 to $27,800,000. Amendment No. 2 to Supplement No. 2 was executed by JPB and PG&E on March 24, 2020.
Discussion Amendment No. 2 to of Supplement No. 2 includes the following modifications to the original agreement:
• A “Recitals” section was added to provide rationale for contract amount increase
• Section 1: Definitions changes o “Buy America” updated to include Code of Federal Regulations guidance o “Caltrain Work” modified to include new scope o “Caltrain Former Work” added to reference work prior to this Amendment o “Old Supp. 2” added to differentiate between Amendment No. 1 and 2 o The following definitions have been removed in its entirely
▪ “Approved Material Supplier” ▪ “Approved Subcontractors” ▪ “Expansion Land Rights” ▪ “Good Utility Practice” ▪ “PG&E Flowdown Terms”
• Section 2 provides an update of the authorized amount to $27,800,000
• Section 3 “Design, Engineering, Procurement, Construction” was modified to align with the new scope of work
• Section 4 was added to provide specific details on the Buy America Process which references Supplement No. 3
• Section 5 was added to provide clarity on the process of a “Handoff by JPB” to PG&E
Advice 5803-E - 3 - April 6, 2020
• Section 6, “1. Responsibility as Between JPB and Design-Build Contractor” was revised:
o With further responsibilities of Design-Build Contractor o Removed Subcontractor language (note that this change also prompted
elimination of the following sections in Amendment No. 1: “Standards”, “Subcontractors”, “Hazardous Materials” and “PG&E Assistance”)
o Requires Design-Build Contractor to procure insurance coverages with commercially reasonable insurance limits as are required by JPB and listing PG&E as the additional insured
• Section 7, “Hold Points” was modified by reducing items JPB shall submit to PG&E
• Section 8, “Responsibility for Property Acquisition and Permits” was revised to provide more details on the overall process on the responsibilities for property acquisition and permits
• Section 9, “Ownership of Assets; Transfer of Ownership” has been condensed to only include ”Interties to be Owned by PG&E”, “Exclusive Use of Interties”, “Items Conveyed Free of Liens” and “Materials Warranties”
• Section 10, “Cost Allocation” establishes JPB shall be 100% responsible of the cost of activities under Supplement No. 2, Caltrain Work and ITCC
• Section 11establishes that PG&E will provide status update and project schedule to JPB on a monthly basis
• Section 12, “Environmental Review” was revised to include “PG&E Work” in language
• Section 13 was added to address JPB acknowledgments
• Section 14, “Buy America Cites Correction” addresses the last sentence of Section 2 of the Master Agreement was incorrect and is restated as the following: The “Buy America” provisions of 49 U.S.C. § 5323(j) and the related FTA requirements found at 49 C.F.R. Part 661, do not apply to any work under this Agreement unless expressly stated in the applicable Supplement.
Protests
***Due to the COVID-19 pandemic and the shelter at home orders, PG&E is
currently unable to receive protests or comments to this advice letter via U.S.
mail or fax. Please submit protests or comments to this advice letter to
[email protected] and [email protected]*** Anyone wishing to protest this submittal may do so by letter sent via U.S. mail, facsimile or E-mail, no later than April 27, 2020 which is 21 days2 after the date of this submittal. Protests must be submitted to: 2 The 20-day protest period concludes on a weekend, therefore, PG&E is moving this date to the following business day.
Advice 5803-E - 4 - April 6, 2020
CPUC Energy Division ED Tariff Unit 505 Van Ness Avenue, 4th Floor San Francisco, California 94102 Facsimile: (415) 703-2200 E-mail: [email protected]
Copies of protests also should be mailed to the attention of the Director, Energy Division, Room 4004, at the address shown above. The protest shall also be sent to PG&E either via E-mail or U.S. mail (and by facsimile, if possible) at the address shown below on the same date it is mailed or delivered to the Commission:
Erik Jacobson Director, Regulatory Relations c/o Megan Lawson Pacific Gas and Electric Company 77 Beale Street, Mail Code B13U P.O. Box 770000 San Francisco, California 94177 Facsimile: (415) 973-3582 E-mail: [email protected]
Any person (including individuals, groups, or organizations) may protest or respond to an advice letter (General Order 96-B, Section 7.4). The protest shall contain the following information: specification of the advice letter protested; grounds for the protest; supporting factual information or legal argument; name, telephone number, postal address, and (where appropriate) e-mail address of the protestant; and statement that the protest was sent to the utility no later than the day on which the protest was submitted to the reviewing Industry Division (General Order 96-B, Section 3.11).
Effective Date PG&E requests that this Tier 2 advice submittal become effective on regular notice, May 6, 2020, which is 30 calendar days after the date of submittal.
Notice In accordance with General Order 96-B, Section IV, a copy of this advice letter is being sent electronically and via U.S. mail to parties shown on the attached list. Address
Advice 5803-E - 5 - April 6, 2020 changes to the General Order 96-B service list should be directed to PG&E at email address [email protected]. For changes to any other service list, please contact the Commission’s Process Office at (415) 703-2021 or at [email protected]. Send all electronic approvals to [email protected]. Advice letter submittals can also be accessed electronically at: http://www.pge.com/tariffs/. /S/ Erik Jacobson Director, Regulatory Relations
Attachments Attachment 1: Amendment No. 2 to Supplement No. 2 Under Master Agreement cc: Liria Larano, Caltrain Zhenlin Guan, Caltrain Julie A. Sherman, Hanson Bridgett LLP Joan Cassman, Hanson Bridgett LLP
ADVICE LETTER S U M M A R YENERGY UTILITY
Company name/CPUC Utility No.:
Utility type:Phone #:
EXPLANATION OF UTILITY TYPE
ELC GAS
PLC HEAT
MUST BE COMPLETED BY UTILITY (Attach additional pages as needed)
Advice Letter (AL) #:
WATERE-mail: E-mail Disposition Notice to:
Contact Person:
ELC = ElectricPLC = Pipeline
GAS = GasHEAT = Heat WATER = Water
(Date Submitted / Received Stamp by CPUC)
Subject of AL:
Tier Designation:
Keywords (choose from CPUC listing):AL Type: Monthly Quarterly Annual One-Time Other:If AL submitted in compliance with a Commission order, indicate relevant Decision/Resolution #:
Does AL replace a withdrawn or rejected AL? If so, identify the prior AL:
Summarize differences between the AL and the prior withdrawn or rejected AL:
Confidential treatment requested? Yes NoIf yes, specification of confidential information:Confidential information will be made available to appropriate parties who execute a nondisclosure agreement. Name and contact information to request nondisclosure agreement/access to confidential information:
Resolution required? Yes No
Requested effective date: No. of tariff sheets:
Estimated system annual revenue effect (%):
Estimated system average rate effect (%):
When rates are affected by AL, include attachment in AL showing average rate effects on customer classes (residential, small commercial, large C/I, agricultural, lighting).
Tariff schedules affected:
Service affected and changes proposed1:
Pending advice letters that revise the same tariff sheets:
1Discuss in AL if more space is needed.
✔
Amendment No. 2 to Supplement No. 2 Under the Master Agreement with the Peninsula Corridor Joint Powers Board Regarding the Peninsula Corridor Electrification Project in Accordance with General Order 96-B, Section 9.2.3 and Resolution E-4811
XXX
✔
Agreement
Clear Form
25803-E
N/A
N/A
✔
Annie Ho
N/A
✔
No
Pacific Gas and Electric Company (ID U39 E)
N/A5/6/20
(415) 973-8794
N/A
E-4811
CPUC, Energy DivisionAttention: Tariff Unit505 Van Ness AvenueSan Francisco, CA 94102 Email: [email protected]
Protests and all other correspondence regarding this AL are due no later than 20 days after the date of this submittal, unless otherwise authorized by the Commission, and shall be sent to:
Name:Title:Utility Name:Address:City:State:Telephone (xxx) xxx-xxxx:Facsimile (xxx) xxx-xxxx:Email:
Name:Title:Utility Name:Address:City:State:Telephone (xxx) xxx-xxxx: Facsimile (xxx) xxx-xxxx:Email:
Zip:
Zip:
District of Columbia
San Francisco, CA 9417794177
Director, Regulatory Relations
Clear Form
77 Beale Street, Mail Code B13UPacific Gas and Electric Company
(415)973-2093
Erik Jacobson, c/o Megan Lawson
(415)973-3582
California
Advice 5803-E April 6,2020
Attachment 1
Amendment No. 2 to Supplement No. 2 Under Master Agreement
April 6, 2020Michael Lewis
Senior Vice President Electric Operations
PG&E Gas and Electric Advice Submittal List General Order 96-B, Section IV
Pioneer Community Energy
Redwood Coast Energy Authority Regulatory & Cogeneration Service, Inc. SCD Energy Solutions
SCE SDG&E and SoCalGas
SPURR San Francisco Water Power and Sewer Seattle City Light Sempra Utilities Southern California Edison Company Southern California Gas Company Spark Energy Sun Light & Power Sunshine Design Tecogen, Inc. TerraVerde Renewable Partners Tiger Natural Gas, Inc.
TransCanada Troutman Sanders LLP Utility Cost Management Utility Power Solutions Utility Specialists Water and Energy Consulting Wellhead Electric Company Western Manufactured Housing Communities Association (WMA) Yep Energy
AT&T Albion Power Company Alcantar & Kahl LLP
Alta Power Group, LLCAnderson & Poole
Atlas ReFuel BART
Barkovich & Yap, Inc. California Cotton Ginners & Growers Assn California Energy CommissionCalifornia Public Utilities Commission California State Association of Counties Calpine
Cameron-Daniel, P.C.Casner, SteveCenergy PowerCenter for Biological Diversity
Chevron Pipeline and PowerCity of Palo Alto
City of San Jose Clean Power Research Coast Economic Consulting Commercial Energy Crossborder Energy Crown Road Energy, LLC Davis Wright Tremaine LLP Day Carter Murphy
Dept of General Services Don Pickett & Associates, Inc.Douglass & Liddell
Downey & Brand East Bay Community Energy Ellison Schneider & Harris LLP Energy Management Service
Engineers and Scientists of California
GenOn Energy, Inc. Goodin, MacBride, Squeri, Schlotz & Ritchie Green Power Institute Hanna & Morton ICF
IGS EnergyInternational Power Technology Intestate Gas Services, Inc. Kelly Group Ken Bohn Consulting Keyes & Fox LLP Leviton Manufacturing Co., Inc.
Los Angeles County Integrated Waste Management Task Force MRW & Associates Manatt Phelps Phillips Marin Energy Authority McKenzie & Associates
Modesto Irrigation District NLine Energy, Inc. NRG Solar
Office of Ratepayer Advocates OnGrid SolarPacific Gas and Electric Company Peninsula Clean Energy