SB 1368 Emission Performance Standards - Filing Procedures and Information

This page describes filing procedures for the following submittals:

In all of the cases below, the initial filings should clearly indicate the name, postal address, telephone number, and e-mail address of the individual(s) who will serve as a point of contact for Energy Commission staff.

For additional information, please contact Dave Vidaver at (916) 654-4656, or [EPS@energy.state.ca.us]



Public Notices

To provide notice of a governing body's public discussion of a proposed investment that is subject to the EPS, utilities should send the following information to EPS@energy.state.ca.us:

  • Name of governing authority/body meeting
  • Date
  • Time
  • Location
  • Wheelchair accessible?
  • Remote access, if any (conference phone, URL for webcast)
  • Contact for public for further information
    • Agenda for the meeting, if available. Alternatively, the URL at which the agenda is posted.

    • Copies of materials being provided to the utility's governing body related to the investment's compliance with the EPS. Alternatively, the URL at which the materials are posted.


    If the agenda or supporting materials are unavailable at the time the Commission is initially notified of the meeting, utilities are asked to provide an estimate of the date by which the documents are expected to be available.

    If the discussion of the proposed investment is subsequently taken off the meeting agenda or postponed to a later meeting, please notify the Energy Commission by e-mail at the above address.


    Requesting a Commission Evaluation of a Prospective Procurement

    A utility may request that the Energy Commission evaluate a prospective procurement prior to an investment being made. Such a request will be handled under the procedures established under Chapter 2, Article 4 of the California Code of Regulations. These regulations outline the steps of the investigation process, the timeframe in which they are undertaken, and requirements regarding public participation.

    Requests for a Commission Evaluation of a Prospective Procurement ("Evaluation") should be sent in writing to:

    California Energy Commission
    EPS Compliance
    1516 Ninth Street
    Sacramento, CA 95814
    Attention: Evaluation

    The request must be accompanied by sufficient information to allow the Commission to make an informed decision regarding the compliance of the investment with the EPS. For a description of the necessary information see Supporting Documents for Utility Filings.

    Two (2) copies should be submitted. Upon receipt of the request, a docket number will be assigned; all subsequent correspondence should reference this number.

    Utilities should also simultaneously submit the request and supporting documentation in electronic form to [EPS@energy.state.ca.us]


    Requesting a Reliability or Financial Exemption or a Pre-Existing Multi-party Commitment Exemption

    Utilities may request that investments be exempted from the EPS due to reliability or financial impacts or a pre-existing multiparty commitment. Requests should be sent to:

    California Energy Commission
    EPS Compliance
    1516 Ninth Street
    Sacramento, CA 95814-512
    Attention: Exemption Request

    Two (2) copies should be submitted. Upon receipt of the request, a docket number will be assigned; all subsequent correspondence should reference this number.

    The request must be accompanied by sufficient information to allow the Commission to make an informed decision regarding the compliance of the investment with the EPS. For a description of the necessary information see Supporting Documentation For Utility Filings [link].

    Energy Commission staff will notify the filing utility within 14 days if the information provided in support of the Compliance Filing is not sufficient. The Energy Commission has 30 days from receipt of a complete filing to rule on the compliance of the investment with the EPS.

    Notification will only occur if filing is insufficient. The Energy Commission will not notify parties that their filing was sufficient.


    Procedures for Compliance Filings

    Utilities are required to submit a compliance filing within 10 days of entering into an investment that must be compliant with the EPS.

    Compliance Filings should be sent to:

    California Energy Commission
    EPS Compliance
    1516 Ninth Street
    Sacramento, CA 95814-512
    Attention: Compliance Filing


    The request must be accompanied by sufficient information to allow the Commission to make an informed decision regarding the compliance of the investment with the EPS. For a description of the necessary information see Supporting Documentation For Utility Filings [link]. It must also include a signed attestation (with original signature) consistent with Section 2909(a) of the regulations.

    Utilities should simultaneously submit the request and supporting documentation in electronic form to [EPS@energy.state.ca.us]

    Energy Commission staff will notify the filing utility within 14 days if the information provided in support of the Compliance Filing in not sufficient. The Energy Commission has 30 days from receipt of a complete filing to rule on the compliance of the investment with the EPS.

    Notification will only occur if the filing is insufficient. The Energy Commission will not notify parties that their filing was sufficient.


    Requesting a Compliance Investigation

    Parties may request that the Commission undertake a Compliance Investigation in the event that they believe a POU has not complied with these regulations. Such a request triggers a formal investigation by the Commission and falls under Chapter 2, Article 4 of the California Code of Regulations. These regulations establish the steps the Energy Commission must take in assessing the need for and undertaking a Compliance Investigation and the timelines for each.

    Requests should be sent to:

    California Energy Commission
    EPS Compliance
    1516 Ninth Street
    Sacramento, CA 95814-512
    Attention: Compliance Investigation

    The request must be accompanied by sufficient information so as to allow the Commission to make an informed decision regarding the need for an investigation. Upon receipt of the request, a docket number will be assigned; all subsequent correspondence should reference this number.

    Parties should simultaneously submit the request and any supporting documentation in electronic form to [EPS@energy.state.ca.us]

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