BILL ANALYSIS                                                                                                                                                                                                            1
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                 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                  ALEX PADILLA, CHAIR
          

          AB 162 -  Ruskin                                  Hearing Date:   
          June 30, 2009              A
          As Amended:         June 9, 2009             FISCAL       B
                                                                        
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                                       DESCRIPTION
           
           Existing law  requires entities offering electric services in  
          California to disclose accurate, reliable, and simple to  
          understand information on the sources of energy they use to  
          provide electric services.
           
          Current law  requires every California retail seller to disclose  
          its electricity sources to end-use customers at least quarterly  
          and to the California Energy Commission (CEC) annually. 

           This bill  would require that every California retail seller  
          disclose its electricity sources to end-use customers annually. 

           This bill  clarifies how the electricity sources are disclosed to  
          customers.  

                                       BACKGROUND
           
          As a part of the 1996 electric industry restructuring, retail  
          electricity suppliers are required to disclose information about  
          the energy resources used to generate the electricity they sell.  
          The purpose was to provide customers with specific information  
          that details the generation sources used by energy service  
          providers compared to an average of other providers' generation  
          sources. 

          In recent years publicly owned utilities (POUs) have seen an  
          increase in reporting requirements. Some of the programs that  
          require reporting are: the Renewables Portfolio Standard (SB 107,  
          Simitian), Chapter 464, Statues of 2006, The California Solar  
          Initiative (SB 1, Murray), Chapter 132, Statues of 2006, and the  
          Global Warming Solutions Act (AB 32, Nunez), Chapter 488, Statues  










        of 2006. The Northern California Power Agency has found the  
        reporting to be unnecessarily complicated, time-consuming, and  
        costly. 

                                      COMMENTS
        
           1.   Purpose of bill  - The purpose of the bill is to streamline  
             the reporting process.  It does this for the POUs and  
             investor owned utilities by making a quarterly report into an  
             annual report.  It does this for the CEC by deleting  
             unnecessary reports.

            2.   Net System Power  - One of the reports which this bill  
             eliminates is the Net System Power (NSP) report.  NSP  
             represents the mix of generation resources not included in  
             the utility disclosure filings, and are used to serve  
             California load.  When the NSP report requirement was  
             established the expectation was that most of the electricity  
             purchases would come from the Power Exchange, where it was  
             difficult to track specific sources of power.  The NSP report  
             was intended to fill in that information gap.  But the Power  
             Exchange went bankrupt during the 2000 energy crisis.  Power  
             purchases have increasingly been made on a bilateral basis,  
             making it far easier to track the source of power.  The  
             amount of NSP has dropped by more than 60% since 1998 making  
             the NSP report less useful.  Moreover, the CEC, which  
             performs the NSP calculation, believes the NSP report does  
             not provide an accurate picture of power sources.<1> 

             This bill replaces the term NSP with "Unspecified sources of  
             power" which is defined as electricity that is not traceable  
             to a specific generation source. The unspecified source of  
             ---------------------------
        <1>  2007 Net System Power Report (Staff Report),  April 2008  
        CEC-200-2008-002.  "Currently energy service providers disclose  
        most of the generation sources serving their customer load,  
        reporting the remaining net system power is not useful to  
        consumers because it does not adequately reflect California's  
        resource mix. Customers do not understand this information and  
        usually misinterpret the significance of the net system power  
        estimate, often assuming that the values represent the statewide  
        power mix, not just the residual amounts of unclaimed supplies.  
        The net system power estimates cannot be used to monitor the  
        progress of the California Renewable Portfolio Standard goals or  
        establish a representative greenhouse gas profile of electricity  
        imports." (p.1)








               power will be listed on the Power Content Label, but a  
               determination and reporting of the composition of the  
               unspecified sources of power is no longer required. 

              3.   Technical Amendment  - Page 3, line 38 of the bill should  
               read "unspecified sources of power." 

                                     ASSEMBLY VOTES
           
          Assembly Floor                     (79-0)
          Assembly Appropriations Committee  (16-0)
          Assembly Utilities and Commerce Committee                       
          (14-0)

                                        POSITIONS
           
           Sponsor:
           
          Northern California Power Agency

           Support:
           
          American Federation of State, County and Municipal Employees,  
          AFL-CIO
          City of Los Angeles
          Sempra Energy (if amended)
          Southern California Edison
          Southern California Power Authority
          Union of Concerned Scientists (if amended)

           Oppose:
           
          None on file

          

          Melissa Macias 
          AB 162 Analysis
          Hearing Date:  June 30, 2009