Section 362 Of Article 6. Requirements For The Public Utilities Commission From California Public Utilities Code >> Division 1. >> Part 1. >> Chapter 2.3. >> Article 6.
362
. (a) In proceedings pursuant to Section 455.5, 851, or 854, the
commission shall ensure that facilities needed to maintain the
reliability of the electric supply remain available and operational,
consistent with maintaining open competition and avoiding an
overconcentration of market power. In order to determine whether the
facility needs to remain available and operational, the commission
shall utilize standards that are no less stringent than the Western
Electricity Coordinating Council and North American Electric
Reliability Council standards for planning reserve criteria.
(b) The commission shall require that generation facilities
located in the state that have been disposed of in proceedings
pursuant to Section 851 are operated by the persons or corporations
who own or control them in a manner that ensures their availability
to maintain the reliability of the electric supply system.