Section 2829 Of Article 3. Rights, Obligations, And Charges From California Public Utilities Code >> Division 1. >> Part 2. >> Chapter 7. >> Article 3.
2829
. (a) For purposes of this section, the following terms have
the following meanings:
(1) "EBMUD" means the East Bay Municipal Utility District
organized and operating pursuant to Division 6 (commencing with
Section 11501).
(2) "Environmental attributes" associated with the generation of
electricity include the credits, benefits, emissions reductions,
environmental air quality credits, and emissions reduction credits,
offsets, and allowances, however entitled, resulting from the
avoidance of the emissions of any gas, chemical, or other substance
attributable to an electricity generation facility.
(b) To ensure that no electrical corporation operates its monopoly
transmission and distribution system in a manner that impedes the
ability of the EBMUD to reduce its electricity costs through the
delivery of electricity generated by EBMUD, an electrical corporation
shall meet the requirements of this section.
(c) An electrical corporation that owns and operates transmission
and distribution facilities that deliver electricity at one or more
locations to the EBMUD's system shall, upon request by EBMUD, and
without discrimination or delay, use the same facilities to deliver
electricity generated by EBMUD. EBMUD may elect to designate specific
hydroelectric generation facilities owned by EBMUD for the
generation of electricity to be delivered to EBMUD, if the following
conditions are met:
(1) The amount of all electricity delivered to the electric grid
by the designated EBMUD hydroelectric generation is the property of
EBMUD.
(2) Ownership and use of the environmental attributes associated
with the electricity delivered to the electric grid by
EBMUD-designated hydroelectric generation is retained by EBMUD.
(d) (1) No rule, order, or tariff of the commission implementing
direct transactions is applicable to electricity generated by EBMUD,
that is delivered to EBMUD for its own use that is transported over
the transmission and distribution system of an electrical
corporation, pursuant to an election made by EBMUD pursuant to
subdivision (c).
(2) Sections 365 and 366 are not applicable to electricity
generated by EBMUD, that is delivered to EBMUD for its own use that
is transported over the transmission and distribution system of an
electrical corporation, pursuant to an election made by EBMUD
pursuant to subdivision (c).
(e) To compensate an electrical corporation for the use of its
facilities, EBMUD shall pay applicable rates approved by the
commission for distribution, or distribution and transmission, or any
transmission rates as required under federal law.
(f) On or before January 1, 2009, each electrical corporation that
owns and operates transmission and distribution facilities that
deliver electricity at one or more locations to the EBMUD system
shall file an advice letter with the commission that complies with
this section. The commission, within 150 days of the date of filing
of the advice letter, shall approve the advice letter or specify
conforming changes to be made by the electrical corporation, to be
filed in an amended advice letter within 60 days.
(g) The commission shall ensure that the delivery of electricity
from EBMUD-designated hydroelectric generation to the EBMUD service
territory pursuant to this section does not result in a shifting of
costs to the bundled service customers of an electrical corporation,
either immediately or over time.