General Order 131-D Update

CPUC Rulemaking 23-05-018

Overview

General Order (GO) 131-D outlines rules for the permitting and construction of electrical transmission lines, power lines, distribution lines, substations, and generation facilities in California. In the R.23-05-018 rulemaking proceeding, the Commission is considering updates to GO 131-D to implement Senate Bill (SB) 529 (Hertzberg; Stats. 2022, Ch. 357) and make other changes consistent with SB 529 to streamline and clarify permitting requirements for electrical transmission infrastructure.

The proceeding began in May 2023 with the Order Instituting Rulemaking to Update and Amend Commission General Order 131-D (OIR). In July 2023, the Assigned Commissioner’s Scoping Memo and Ruling bifurcated the proceeding into two phases: Phase 1 and Phase 2. In December 2023, the Commission’s Decision Addressing Phase 1 Issues (D.23-12-035) amended GO 131-D to implement the statutory requirements of SB 529 and to update outdated references, concluding Phase 1.

In Phase 2, the Commission is considering all other changes to GO 131-D not addressed in D.23-12-035, including modifications proposed in the Joint Motion for Adoption of Phase 1 Settlement Agreement and other changes proposed by parties and Commission staff over the course of the proceeding. The Energy Division issued a staff proposal on May 17, 2024 and held a workshop on June 3, 2024, with the aim of adopting a new GO 131-E and concluding Phase 2 by January 31, 2025.

See the R.23-05-018 Proceeding Docket for a list of all documents filed in this proceeding.

Phase 2

Schedule

2023

  • December 2023 – Beginning of Phase 2 following the adoption of D.23-12-035

2024

  • January to May 2024 – Party comments on Phase 2 issues; development of staff proposal
  • May 2024 – Issuance of Phase 2 staff proposal (Staff Proposal for R.23-05-018 Phase 2 Updates to General Order 131-D)
  • June 2024 – Workshop (June 3, 2024; see details below)
  • July 2024 – Opening and reply comments on Phase 2 staff proposal
    • Opening comments due July 1, 2024
    • Reply comments due July 15, 2024
  • October 2024 – Proposed Decision (PD) circulated for comment

2025

  • January 2025 – Phase 2 expected to be resolved by January 31, 2025

Key Events

Workshop

On Monday, June 3, 2024, from 1:00 pm to 4:30 pm, Commission staff facilitated a workshop via Webex video conference to present the Phase 2 staff proposal and answer questions to inform parties’ written comments.

The slide deck presented during the workshop is available at the following link: GO 131 Workshop Slides

The agenda for the workshop is detailed in the table below:

Time

Activity

1:00 p.m.

Agenda Overview and Workshop Ground Rules (5 min)

1:05 p.m.

Welcome and Overview of Order Instituting Rulemaking

  • Commissioner Karen Douglas (5 min)

1:10 p.m.

Overview of R.23-05-018 Proceeding and Phase 2 Staff Proposal (10 min)

1:20 p.m.

Review Staff Proposal Section 3.1 – Clarify CPCN and PTC Exemptions

  • Staff Overview of Section 3.1 (15 min)
  • Q&A (15 min)

1:50 p.m.

Review Staff Proposal Section 3.2 – Update Reporting Requirements

  • Staff Overview of Section 3.2 (5 min)
  • Q&A (10 min)

2:05 p.m.

Review Staff Proposal Section 3.3 – Establish Rebuttable Presumption

  • Staff Overview of Section 3.3 (5 min)
  • Q&A (15 min)

2:25 p.m.

Review Staff Proposal Section 3.4 – Clarify Advice Letter Protest Process

  • Staff Overview of Section 3.4 (5 min)
  • Q&A (10 min)

2:40 p.m.

Break (10 min)

2:50 p.m.

Review Staff Proposal Section 3.5 – Clarify Battery Storage Permitting

  • Staff Overview of Section 3.5 (5 min)
  • Q&A (10 min)

3:05 p.m.

Review Staff Proposal Section 3.6 – Facilitate ROW Sharing

  • Staff Overview of Section 3.6 (5 min)
  • Q&A (10 min)

3:20 p.m.

Review Staff Proposal Section 3.7 – Accelerate the Application Process

  • Staff Overview of Section 3.7 (5 min)
  • Q&A (15 min)

3:40 p.m.

Review Staff Proposal Section 3.8 – Accelerate CPUC CEQA Review

  • Staff Overview of Section 3.8 (5 min)
  • Q&A (15 min)

4:00 p.m.

Open Discussion and Q&A (20 min)

4:20 p.m.

Next Steps (5 min)

4:25 p.m.

Closing (5 min)

 

Additional details on the workshop are available in the Administrative Law Judges’ Ruling Inviting Comment on Phase 2 Staff Proposal and Noticing Workshop (May 17, 2024) and the Email Ruling Correcting Workshop Login Information (May 30, 2024).

Phase 1

Key Events

Additional Information

Subscriptions and Service List: Subscribe to the proceeding or join the service list to receive email notification of documents filed by the Commission and parties in the GO 131-D update proceeding (R.23-05-018), including rulings, decisions, and party comments. Visit the Public Advisor's Office website for procedural information about participating in CPUC proceedings. 

Contact: For inquiries regarding the R.23-05-018 GO 131-D update proceeding, please contact Tommy Alexander at tommy.alexander@cpuc.ca.gov.

Additional Resources: