The California Public Utilities Commission (“CPUC”) released the December 2018 Final Choice Action Plan and Gap Analysis prepared by the California Customer Choice Project staff.  The paper is the culmination of the Choice Project’s stakeholder process addressing increased customer choice electric service options—including Community Choice Aggregators (“CCAs”), Direct Access electricity service providers (“ESPs”), and behind-the-meter technologies—and the resulting impact on California’s ability to achieve its policy objectives of affordability, decarbonization, and reliability.  The Gap Analysis: (1) identifies issues categorized as either consumer protection, duty to serve, or reliability and energy procurement; (2) describes how the CPUC or other state/federal entities are currently addressing those issues; and (3) identifies existing gaps to resolving those issues. The Choice Action Plan recommends responsive actions (regulatory, legislative, or additional analysis) the CPUC and other government entities should take to further address the areas identified in the Gap Analysis.  Issues analyzed in the study include access to customer usage data, designating a load-serving entity (“LSE”) as a provider of last resort, LSEs’ pricing and program disclosure for customers’ comparison purposes, whether reliability is sufficiently addressed through the CPUC’s resource adequacy requirements for LSEs, and the role of California’s investor-owned utilities in a disaggregated market.

More information on CPUC’s California Customer Choice Project stakeholder process can be found at: http://www.cpuc.ca.gov/CustomerChoice/.

For further information on our CCA practice, please contact Michael PostarLisa S. GastPeter J. ScanlonSean M. NealBhaveeta K. Mody, or Andrew B. Art