BILL ANALYSIS                                                                                                                                                                                                    Ó



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          SENATE THIRD READING
          SB 594 (Wolk)
          As Amended  August 23, 2012
          Majority vote

           SENATE VOTE  :   23-14
            
           UTILITIES & COMMERCE              13-0              
          APPROPRIATIONS      12-0        
           
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          |Ayes:|Bradford, Fletcher,       |Ayes:|Fuentes, Blumenfield,     |
          |     |Buchanan, Fong, Fuentes,  |     |Bradford, Charles         |
          |     |Gorell, Roger Hernández,  |     |Calderon, Campos, Davis,  |
          |     |Huffman, Ma, Nestande,    |     |Gatto, Hall, Hill, Lara,  |
          |     |Skinner, Swanson, Valadao |     |Mitchell, Solorio         |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Allows an electric utility customer to aggregate their 
          electricity usage on multiple meters for purposes of 
          establishing the maximum project size for renewable generation 
          and fuel cells for purposes of net energy metering (NEM).  
          Specifically,  this bill  :   

          1)Allows the electric utility to use the sum of the electric 
            load on multiple electric meters located on property adjacent 
            or contiguous to the property on which the generation facility 
            is located, if those properties are solely owned, leased, or 
            rented by the eligible customer-generator.

          2)Allows the customer-generator to use the sum of the load for 
            purposes of establishing the maximum size generation renewable 
            generation to be used for both NEM credits and maximum rebates 
            allowed through the California Solar Initiative (CSI).

          3)Allows aggregation of electricity usage of multiple meters for 
            purposes of establishing the maximum project size for fuel 
            cell customer-generation.

          4)Prohibits an electric utility customer who uses aggregated NEM 
            from receiving compensation for surplus kilowatt-hours (kWh).

          5)Prevents implementation of NEM aggregation if Public Utilities 
            Commission (PUC) determines NEM aggregation would result in a 
            cost shift to non-participating ratepayers.








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          6)Requires NEM aggregation customers to remit payment for 
            billing services.

          7)Prohibits a publicly owned utility (POU) from offering 
            aggregated net energy metering (NEM) if it would cause a rate 
            impact on non-NEM customers within that POU's service area.

          8)Adds chaptering language to ensure that the provisions in AB 
            2165 (Hill), relating to Fuel Cell NEM are not impacted by the 
            provisions in this bill.


           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee, PUC will incur ongoing special fund costs of about 
          $120,000 for one regulatory analyst position to implement the 
          new NEM authorization. ÝPublic Utilities Reimbursement Account]

           COMMENTS  :   

           Author's Statement  .  Customers with multiple meters, for 
          example, farmers with separate meters for each of their 
          irrigation pumps and other functions, are currently required to 
          have separate renewable facilities for each meter to utilize 
          NEM.  This bill removes this obstacle by allowing customers to 
          aggregate all the energy consumed at each of their meters 
          located on the same property as the renewable energy facility, 
          or on their contiguous property, and net that use against the 
          power produced at a single renewable facility.

           Who pays for NEM  ?  The cost of NEM is paid by ratepayers.  The 
          cost of NEM is not paid by utility shareholders (in the case of 
          a publicly owned utility, there are no shareholders, only 
          ratepayers).  NEM allows utility customers to avoid paying for 
          the costs of using transmission and distribution infrastructure 
          and maintenance.  Those costs are then shifted to the non-NEM 
          customer.  In addition, NEM customers are allowed to use excess 
          bill credit to offset their obligation to contribute to public 
          goods programs, such as the low-income assistance program, 
          energy efficiency programs, and renewable energy rebates 
          (customers on low-income assistance programs are exempt from 
          paying charges for public goods programs).  Because those costs 
          are fixed, if one group of ratepayers does not pay their share 
          of these costs, those costs are shifted to the remaining 
          ratepayers.  These costs typically comprise 40% to 45% of a 








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          customer's bill.

           Otherwise Applicable Tariff.   The value of NEM credit varies 
          based on the customer's electricity rate schedule (known as a 
          tariff).  Each utility has multiple tariffs for various customer 
          types (e.g., residential, residential time of use, multifamily, 
          industrial, small commercial, commercial, street lights, 
          agricultural, etc.).  Each of these tariffs has a variety of 
          rates for a kWh of electricity - as low as $0.08/kWh for a large 
          agricultural customer, to as high as $0.52/kWh for a residential 
          customer (i.e., Pacific Gas & Electric (PG&E) E-7 tariff 
          schedule).

           Aggregated NEM, also known as "Wheeling  ."  This bill will allow 
          a customer to credit the excess generation from one renewable 
          facility connected to one meter against all other separate 
          meters so that, on paper, the customer receives the benefits 
          associated with renewable generation and the full retail NEM 
          credit for all metered service.  This is also referred to as the 
          wheeling power because the customer's load at the separately 
          metered sites is still fully serviced by the utility but the 
          customer is exempt from charges for that service to the extent 
          that NEM credit offsets the charges for the services.

          Some supporters of this bill suggest that wheeling costs are 
          paid for through demand charges. Demand charges are a method 
          used to pay for the cost of extra equipment needed for a 
          commercial or industrial customer so that power is available 
          during peak demand.  Some utility rate schedules include demand 
          charges.  Some do not.  In addition to demand charges, these 
          customers pay transmission and distribution charges to cover the 
          costs of maintaining the grid.  Demand charges can vary based on 
          the customer's interconnection level (secondary, primary, or 
          transmission).  

           NEM impacts on Publicly Owned Utilities (POU)  .  The current 
          statute applies to allow publicly owned utilities in California, 
          with the exception of Los Angeles Department of Water and Power. 
           For small POUs, the loss of revenue due to NEM may cause rate 
          increases to non-NEM customers to maintain utility service.  A 
          small POU, with fewer ratepayers to spread the costs to, would 
          have to pass on proportionally higher rates than utilities with 
          more customers.  In addition, one POU has raised concern that 
          aggregated NEM could have electrical system impacts such as 
          frequency and voltage problems.  Managing these problems and 








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          keeping systems stable and reliable will require expensive 
          system upgrades that would ultimately be paid for by nonNEM 
          customers.  This may also be true in the rural areas served by 
          investor owned utilities.  
           

           Analysis Prepared by  :    Susan Kateley / U. & C. / (916) 
          319-2083                                               


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