Michael Peevey

At a March 2013 private meeting between a utility executive and then-president Mike Peevey of the California Public Utilities Commission, a framework for the San Onofre closure deal was discussed.

By Jeff McDonald
June 29, 2015 – 4:54 p.m.

The judge in charge of the San Onofre matter pending before the state Public Utilities Commission is seeking more details from Southern California Edison about its participation in a secret meeting in Poland regarding shutdown costs for the failed nuclear plant.

Among other things, Administrative Law Judge Melanie Darling wants to know who authored an internal draft of deal points for an agreement that ultimately led to customers paying 70 percent of the $4.7 billion of closure costs for the San Onofre Nuclear Generating Station.

“Who created the undated and unidentified ‘Elements of a SONGS Deal’ and when?” Darling asked. “Identify the attorney who was a party to the alleged confidential communication. If none, then what is the basis for AC (attorney-client) privilege of redacted material?”

The request is one of nearly 20 questions Darling put to Edison late last week after reviewing material the utility provided two months ago. She is considering sanctions against the utility for its two-years-late disclosure of the meeting at the luxury Hotel Bristol Warsaw, which set a framework for settlement of costs.

Darling gave Edison until Friday to answer the follow-up questions and to provide the additional documents she requested in order to complete her review of records related to the defunct San Onofre plant north of Oceanside.

Even though the commission approved the $4.7 billion settlement in November, the case remains open because several parties have requested that the agreement be reheard or thrown out altogether. The agreement has also become a focus of two criminal investigations into whether the utilities commission improperly favored power companies over the public.

Edison said Monday it will comply with the order.

“We believe our April 29 submittal to the CPUC provided the information that was requested,” spokeswoman Maureen Brown said in an email. “We intend to respond to this latest request for information in a timely way.”

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