California Code of Regulations
Title 23 - Waters
Division 2 - Department of Water Resources
Chapter 4 - Revenue Requirement and Just and Reasonable Determination
Section 517 - Standards

Universal Citation: 23 CA Code of Regs 517

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

(a) To protect ratepayer interests, the record of the determination must demonstrate by substantial evidence that the revenue requirement is just and reasonable, considering the circumstances existing or projected to exist at the respective times of the department's decisions concerning whether to incur the costs comprising such revenue requirement, and the factors which under the Act are relevant to such determination and such decisions, including but not limited to the following:

(1) The development and operation of the program as provided in the Act is in all respects for the welfare and the benefit of the people of the state, to protect the public peace, health, and safety, and constitutes an essential governmental purpose;

(2) The department must do those things necessary and authorized under chapter 2 of the Act to make power available directly or indirectly to electric consumers in California; provided that except as otherwise stated, nothing in the Act authorizes the department to take ownership of the transmission, generation, or distribution assets of any electrical corporation in the State of California;

(3) Upon those terms, limitations, and conditions as it prescribes, the department may contract with any person, local publicly owned electric utility, or other entity for the purchase of power on such terms and for such periods as the department determines and at such prices the department deems appropriate taking into account all of the factors listed in section 80100 of the Water Code;

(4) The department may sell any power acquired by the department pursuant to the Act to retail end use customers, and to local publicly owned electric utilities, at not more than the department's acquisition costs, including transmission, scheduling, and other related costs, plus other costs as provided in section 80200 of the Water Code;

(5) The department must, at least annually, and more frequently as required, establish and revise revenue requirements sufficient, together with any moneys on deposit in the Electric Power Fund, to provide for all of the amounts listed in section 80134(a) of the Water Code, including but not limited to the repayment to the General Fund of appropriations made to the Electric Power Fund for purposes of the Act; and

(6) Obligations of the department authorized by the Act shall be payable solely from the Electric Power Fund.

1. New section filed 6-7-2002 as an emergency; operative 6-7-2002 (Register 2002, No. 23). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 12-4-2002 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 2002, No. 49).
3. New section filed 12-5-2002 as an emergency; operative 12-10-2002 (Register 2002, No. 49). Pursuant to Water Code section 80014 a Certificate of Compliance must be transmitted to OAL by 6-9-2002 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 12-10-2002 order transmitted to OAL 6-4-2003 and filed 7-1-2003 (Register 2003, No. 27).

Note: Authority cited: Section 80014, Water Code. Reference: Section 80000, 80003, 80100, 80102(b), 80116, 80134 and 80200, Water Code.

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