Southern California Edison (Caithness Energy)

101 Cal. App. 4th 384, 124 Cal. Rptr. 2d 281 (2002), 2002 Cal. App. LEXIS 4520

The Court of Appeal (Second District, Division 7) affirmed the portion of a Commission order fixing the line loss factor to be applied to the determination of utility avoided costs.  The Court, however, reversed that portion of the order that fixed a floor for line losses.  The Court concluded that the determination of a floor was preempted by FERC regulations.  The former holding seems predicated on an application of the “abuse of discretion” standard (Section 1757.1(a)(1)) while the Caithness petition seemed more grounded in a claim that the Commission had exceeded its jurisdiction and had not proceeded in the manner required by law (Section 1757.1(a)(2)-(3)).

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