Our Amicus Brief in Support of the PCIA Court Appeal (July 2020)

The Power Charge Indifference Adjustment (PCIA) is an egregious and worsening abuse of CPUC authority, in contradiction of Legislative intent, and the California Alliance for Community Energy has opposed its continuation in multiple campaigns since well before March 2016, including here.

On July 1, the Alliance filed an Amicus brief in the California Court of Appeals to support Protect Our Communities Foundation in its petition to revisit a key PCIA decision by the CPUC. The “Peterman Decision,” adopted in October 2018, reversed previous CPUC rules and practices to shift stranded costs unfairly to Community Choice customers. This Brief lays out the Alliance’s arguments against this Decision: its lack of “indifference,” it’s strong negative impacts on Community Choice programs, its continuation of the CPUC’s pattern of bias against Community Choice in favor of the monopoly utilities, and the resulting harm it does to addressing the needs of California communities. Amici briefs were also filed by CalCCA, Alliance for Nuclear Responsibility/San Luis Obispo Mothers for Peace and San Diego Community Power.

Update: On August 4, the Court denied the Appeal. No reason or response to the arguments by appellants was provided – see the 1-page denial order here.

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Amicus Brief in Support of PCIA Appeal