In 2019, the California Public Utilities Commission (CPUC) Energy Division issued a report regarding its first evaluation of the Demand Response Auction Mechanism (“DRAM”), focusing on the performance of delivery years 2016 and 2017, as well as solicitation processes for 2016 through 2019. Based on the report, the CPUC approved the continuation of DRAM through delivery year 2023 in Decision 19-07-009. That Decision also authorized the utilities, with oversight from the CPUC Energy Division, to hire an independent consultant to conduct a second evaluation of DRAM, which would include performance in delivery years 2018 through 2021, as well as the solicitation process for delivery years 2019, 2020 and 2021.
This evaluation was conducted by Nexant (now, “Resource Innovations”) in collaboration with Gridwell Consulting, and the public version of the final report (“Report”) was released on June 24, 2022. This public version redacted confidential data belonging to market participants. In addition, the utilities submitted applications for 2023-2027 demand response activities and budgets in May 2022, and the proceedings were consolidated under the A.22-05-002, et. al., proceeding (“Proceeding”) by an Administrative Law Judge (“ALJ”) Ruling on May 25, 2022. On March 3, 2023, the CPUC issued another ruling, releasing a revised public version of the Report, which included additional data, available here. This ruling also sought party comment on whether the CPUC should unredact and release certain confidential information from the updated Report to non-market participants and is available here.
On May 10, 2023, the CPUC issued another ruling in the Proceeding, available here, allowing the release of confidential versions of the Report to non-market participants under a Protective Order. This ruling would release confidential versions of the Report that contains findings derived from confidential market participant data provided by the California ISO to the CPUC in response to the CPUC’s annual Resource Adequacy subpoena. Specifically, most of the confidential information at issue is demand response bid and settlements data provided to the CPUC in response to subpoena Item No. 4 and Item No. 13.
The CPUC Ruling will allow non-market participants in the Proceeding, after signing a Non-Disclosure Certificate, to review confidential versions of the report under the terms and conditions of the Protective Order that would prohibit them from disclosing any confidential information to third parties and limit their use of the information to the purpose of the Proceeding. DRAM providers will also receive a confidential version of the report; however, that report will only contain the confidential information belonging to the particular DRAM provider receiving the report.
Any market participant that objects to the CPUC producing the requested information must submit its objection to CAISO by noon on May 22, 2023, along with a court order or other appropriate order that prohibits disclosure in response to the ALJ ruling. Unless CAISO receives such an order by the listed due date, CAISO will allow the CPUC to make this information available in the Proceeding to non-market participants pursuant to the Protective Order. |
