Section 2775.5 Of Chapter 4.5. Electrical And Gas Corporations From California Public Utilities Code >> Division 1. >> Part 2. >> Chapter 4.5.
2775.5
. (a) If an electrical or gas corporation desires to
manufacture, lease, sell, or otherwise own or control any solar
energy system, it shall submit to the commission, in such form as the
commission may specify, a description of the proposed program of
solar energy development which it desires to pursue. The corporation
may pursue the program of solar energy development unless the
commission, within 45 days after the commission has accepted the
filing of the corporation's description pursuant to this subdivision,
orders the corporation to obtain from the commission the
authorization to do so as provided in this section. In cases where
the corporation seeks to pursue a program of solar energy development
with costs and expenses to be passed through to the ratepayers, the
corporation may not implement the program until it receives an
authorization from the commission which includes findings and a
determination, pursuant to subdivision (f), that the program is in
the ratepayers' interest. No such authorization shall be required for
any solar energy system which is owned or controlled for
experimental or demonstration purposes. As used in this subdivision,
"experimental or demonstration purposes" means a limited program of
installation, use, or development the sole purpose of which is to
investigate the technical viability or economic cost effectiveness of
a solar application.
(b) The commission shall deny the authorization sought if it finds
that the proposed program will restrict competition or restrict
growth in the solar energy industry or unfairly employ in a manner
which would restrict competition in the market for solar energy
systems any financial, marketing, distributing, or generating
advantage which the corporation may exercise as a result of its
authority to operate as a public utility. Before granting any such
authorization, the commission shall find that the program of solar
energy development proposed by the corporation will accelerate the
development and use of solar energy systems in this state for the
duration of the program.
(c) The commission shall suspend or terminate any authorization
granted pursuant to this section whenever it finds and determines
that the program of solar energy development no longer qualifies for
the authorization under subdivision (b). This subdivision applies to
all programs of solar energy development undertaken by a gas or
electrical corporation pursuant to this section, including programs
undertaken pursuant to subdivision (a) without formal authorization
of the commission.
(d) As used in this section, "solar energy system" means equipment
which uses solar energy to heat or cool or produce electricity and
which has a useful life of at least three years. "Solar energy system"
does not include an electric plant as defined by Section 217.
(e) The commission shall prescribe the form of the description
required by subdivision (a) by July 1, 1990. The description of the
solar energy program filed with the commission shall include, but not
be limited to, a showing that the program will not restrict
competition, or restrict growth in the solar energy industry, or
unfairly employ any financial, marketing, distributing, or generation
advantage by the corporation on behalf of the solar energy program.
(f) The costs and expenses of implementing a program of solar
energy development proposed pursuant to this section shall not be
passed through to the ratepayers of an electrical or gas corporation
unless the commission finds and determines that it is in the
ratepayers' interest to do so.
(g) An electrical or gas corporation shall file a written notice
with the commission in all cases where one of its subsidiaries seeks
to implement a solar energy development program. If an affiliate of
an electrical or gas corporation seeks to implement a solar energy
development program, the electrical or gas corporation shall notify
the commission of its affiliate's actions annually, in a form
prescribed by the commission. If the electrical or gas corporation
intends to provide financial, marketing, or distribution assistance
to any subsidiary or affiliate thereof in implementing the subsidiary'
s or affiliate's program of solar energy development, the electrical
or gas corporation shall obtain authorization from the commission to
provide that assistance. Authorization by the commission shall be
given in the manner provided in subdivisions (a) and (b), and
suspension or termination by the commission may be imposed in the
manner provided in subdivision (c).
(h) The commission shall provide public notice of the receipt of
any corporation filings submitted pursuant to this section.