1.1.................... moves to amend S. F. No. 3656, the second engrossment, as amended, as
1.2follows:
1.3Page 162, line 21, after the period, insert "The commission has sole discretion to
1.4determine whether to consider this proposal."
1.5Page 162, lines 28 and 31, before "utility's" insert "public"
1.6Page 163, lines 2 and 5, before "utility" insert "public"
1.7Page 163, line 11, after the period, insert "The public utility submitting the proposal
1.8bears the burden of proof to demonstrate that total expected costs are just and reasonable."
1.9Page 163, lines 16 and 17, before "utility" insert "public"
1.10Page 163, delete lines 19 to 23 and insert:
1.11"(d) The commission's approval of total expected costs for a carbon reduction facility
1.12under this subdivision constitutes a presumption of prudence for those total expected costs.
1.13Accordingly, in any future cost recovery proceeding regarding those approved total expected
1.14costs, the commission shall presume that the public utility's actual expenditures, not in
1.15excess of the total expected costs approved by the commission, were prudent, provided,
1.16however, that there is no presumption of prudence for any expenditure made:
1.17(1) to extend the operation of the carbon reduction facility beyond the expiration of its
1.18operating license;
1.19(2) to modify the capacity of the carbon reduction facility; or
1.20(3) to terminate operation of the carbon reduction facility before the expiration of its
1.21operating license.
1.22In any future cost recovery proceeding concerning these approved total expected costs, any
1.23party may submit, and the commission must consider, evidence opposing the presumption
2.1of prudence. The party presenting the evidence bears the burden of proof to demonstrate
2.2that an expenditure is not prudent.
2.3(e) The commission shall presume that an expenditure for a carbon reduction facility is
2.4prudent under this section only if the public utility continues to operate the carbon reduction
2.5facility on which it made the expenditure. If the public utility is issued an order to discontinue
2.6operations of the carbon reduction facility, there is no presumption of prudence for any
2.7expenditures made on that carbon reduction facility after the date of the order.
2.8(f) Notwithstanding the provisions of paragraph (d), the commission has sole discretion
2.9to approve any cost recovery in excess of total expected costs. The public utility bears the
2.10burden of proof to demonstrate that an expenditure exceeding total expected costs approved
2.11by the commission under paragraph (d) is just and reasonable."
2.12Page 163, line 24, delete "(e)" and insert "(g)"
2.13Page 163, lines 25 and 28, before "utility" insert "public"