California Code of Regulations
Title 20 - Public Utilities and Energy
Division 2 - State Energy Resources Conservation and Development Commission
Chapter 3 - Data Collection
Article 1 - Quarterly Fuel and Energy Reports
Section 1303 - General Rules for All Reports

Universal Citation: 20 CA Code of Regs 1303

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Submittal of Reports. Each entity subject to reporting requirements identified in this Article shall also submit to the Commission all of the applicable data and reports listed in this Section.

(b) Forms and Instructions. The data and reports shall be submitted on forms, and in accordance with instructions for the forms, specified by the Executive Director, which may include without limitation a requirement that the data or reports be submitted in electronic format generally or in a specific electronic format. The Executive Director shall consult with interested companies before specifying forms and instructions adopted by the Energy Commission.

(c) Monthly Reports and Data. Unless provided otherwise, data or reports referred to as "monthly" shall be submitted for the previous month on the 15th day of each month.

(d) Quarterly Reports and Data. Unless provided otherwise, data or reports referred to as "quarterly" shall be submitted for the previous calendar quarter on the 15th day of February, May, August, and November. Quarterly data or reports may, as specified in this Article, be required to contain data on a month-by-month basis.

(e) Annual Reports and Data. Unless provided otherwise, data or reports referred to as "annual" or "annually" shall be submitted for the previous calendar year on the 15th day of February. Annual data or reports may, as specified in this Article, be required to contain data on a month-by-month or quarter-by-quarter basis. Publicly-owned utilities that operate on a fiscal year basis may chose to provide annual reports containing financial information and data submissions containing financial information within 75 days of the close of the fiscal year in lieu of providing those reports and data on the 15th day of February.

(f) Extension of Deadlines Specified in this Article. The company responsible (or delegated the responsibility under Section 1303(g)) for submitting data, a report, or an application may apply to the Executive Director for an extension of the deadlines established in this Article. An extension shall be granted if:

(1) The company submits and the Commission receives, no later than 15 days before the data, report, or application is due an application that includes:
(A) the full legal name, address of the principal place of business, telephone number, fax number, e-mail address, and website address of the company submitting the application;

(B) the name, address of the principal place of business, telephone number, fax number, and e-mail address of the person employed by the company submitting the application, who should be contacted with questions about the application;

(C) the name of the report and the Sections of these regulations applicable to the data, report, or application;

(D) the reasons why the company believes the data, report, or application cannot be, or may not be able to be, submitted on time;

(E) the measures the company is taking to complete the data, report, or application on time or as soon thereafter as possible;

(F) the date the company believes the data, report, or application will be submitted; and

(G) a declaration executed under penalty of perjury of the laws of the State of California stating:
1. the full legal name, address of the principal place of business, telephone number, fax number, and e-mail address of both the person executing the declaration and the company submitting the application, and the title of the person;

2. that the person executing the declaration is authorized to do so and to submit the application on behalf of the company; and

3. that the matters contained in the application are, to the best of the person's knowledge and belief and based on diligent investigation, true, accurate, complete, and in compliance with these regulations.

(2) the Executive Director finds that there is good cause for an extension and that the data, report, or application is likely to be submitted by the extended due date.

(g) Any company designated in this Article as required to submit data or a report may delegate to another company the submittal of the data or report if the delegatee agrees, but in any event the company designated in this Article shall be responsible for the timely, accurate, and complete submittal of the data or report and an authorized employee thereof shall execute the declaration required by Section 1303 (l)(8).

(h) Previously-submitted Data or Reports. If any of the data required to be included in a report is exactly the same as the data included in a previous report submitted by the same company, the current report need not contain that data if it refers to the previously-submitted data in sufficient specificity to allow the data to be found and retrieved easily.

(i) Submittal of Alternative Data, Reports, or Format.

(1) The company responsible (or delegated the responsibility under Section 1303(g)) for submitting data or a report under this Article may submit in lieu of that report or data, another filing made with a public agency and publicly available that contains the same information required by the Commission regulation ("alternative filing") and an attestation made under penalty of perjury that includes:
(A) the full legal name, address of the principal place of business, telephone number, fax number, e-mail address, and website address of the company submitting the alternative filing and of the entity to which the alternative filing was submitted;

(B) the name, address of the principal place of business, telephone number, fax number, and e-mail address of the person employed by the company submitting the alternative filing, who should be contacted with questions about the alternative filing;

(C) the Sections of these regulations applicable to the alternative filing;

(D) the reasons why the alternative filing meets each applicable requirement of this Section and all other sections in this Article; and

(E) a statement that the person executing the attestation is authorized to do so and that the matters contained in the alternative filing and attestation are, to the best of the person's knowledge and belief and based on diligent investigation, true, accurate, complete, and in compliance with these regulations.

(2) If the Executive Director determines that the alternative filing does not contain the information required by the Commission regulation identified in Section 1303(i)(1), they may notify the company responsible for submitting data or a report under this Article, and the company shall provide the information required by the regulation within 45 days. The Executive Director shall consider the factors in Public Resources Code section 25320(a)(2)(B)-(C) when deciding whether to issue such a notification.

(j) Parents, Subsidiaries, and Affiliates. Except to the extent allowed by Section 1303(g), if a company required to submit data or a report is a parent, subsidiary, or affiliate of another company, the former company shall submit the data or report only for its own activities and not for the activities of the parent, subsidiary, or affiliate.

(k) Multiple Reports. A company may submit under one cover data or reports required by more than one section in this Article, if the data or report required by each section is identified in a table of contents and in the document and the data or report is clearly separated from data or reports required by other sections.

(l) Data Required in All Reports. Each report required by this Article shall include, in addition to the data specified in those sections, the following:

(1) the full legal name, address of the principal place of business, telephone number, fax number, e-mail address, and website address of the company submitting the report;

(2) the name, address of the principal place of business, telephone number, fax number, and e-mail address of the person employed by the company submitting the report, who should be contacted with questions about the report;

(3) the full legal name, address of the principal place of business, telephone number, fax number, e-mail address, and website address of the company responsible for submitting the data or report;

(4) the date on which the report is being submitted;

(5) the time period or periods that the report covers;

(6) an indication of the status of the company responsible for submitting the report: i.e., power plant owner, LSE, UDC, control area operator, gas utility, gas retailer, gas processor, or interstate pipeline company;

(7) the sections of this Article applicable to the report; and

(8) a declaration that is executed under penalty of perjury of the laws of the State of California, and that is executed by an authorized employee of the company responsible for submitting the report, stating:
(A) the name, address of the principal place of business, telephone number, fax number, and e-mail address of both the person executing the declaration and the company responsible for submitting the report, and the title of the person;

(B) that the person executing the declaration is authorized to do so and submit the report on behalf of the company responsible for submitting the report; and

(C) that the matters contained in the report are, to the best of the person's knowledge and belief and based on diligent investigation, true, accurate, complete, and in compliance with these regulations.

1. Amendment filed 9-12-75 as an emergency; effective upon filing. Certificate of Compliance included (Register 75, No. 37).
2. Amendment filed 5-21-76; effective thirtieth day thereafter (Register 76, No. 21).
3. Amendment filed 1-23-84; effective thirtieth day thereafter (Register 84, No. 4).
4. Amendment filed 6-26-90; operative 7-26-90 (Register 90, No. 34).
5. Renumbering of former section 1303 to section 1302 and new section 1303 filed 2-23-2001; operative 2-23-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 8).
6. Amendment filed 6-3-2002; operative 6-3-2002 pursuant to Government Code section 11343.4 (Register 2002, No. 23).
7. Amendment of section and NOTE filed 7-3-2007; operative 7-3-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 27).
8. Amendment of subsection (f) and subsections within subsection (i) and repealer of subsections (m)-(m)(2)(B) filed 12-30-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53).
9. Change without regulatory effect amending subsection (i)(2) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).

Note: Authority cited: Sections 25213, 25218(e) and 25320, Public Resources Code. Reference: Sections 25005.5, 25216, 25216.5, 25300- 25303, 25401, 25401.2, 25403, 25403.5, 25602 and 25604, Public Resources Code; and Sections 9615 and 9620, Public Utilities Code.

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