BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1533|
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                                 THIRD READING


          Bill No:  SB 1533
          Author:   Padilla (D)
          Amended:  5/1/12
          Vote:     21

           
           SENATE ENERGY, UTIL. & COMMUNIC. COMMITTEE  : 12-0, 4/24/12
          AYES:  Padilla, Fuller, Berryhill, Corbett, De León, 
            DeSaulnier, Emmerson, Kehoe, Pavley, Rubio, Simitian, 
            Wright
          NO VOTE RECORDED:  Strickland

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Electricity:  energy crisis litigation

           SOURCE  :     Public Utilities Commission


           DIGEST  :    This bill repeals existing law, on January 1, 
          2016, which requires the Attorney General (AG) to represent 
          the Department of Finance and to succeed to all rights, 
          claims, powers, and entitlements of the Electricity 
          Oversight Board in any litigation or settlement to obtain 
          ratepayer recovery for the effects of the 2000-02 energy 
          crisis, and prohibits the AG from expending the proceeds of 
          any settlements of those claims, except as specified.

           ANALYSIS  :    Existing law requires the AG, until January 1, 
          2013, to represent the Department of Finance and to succeed 
          to all rights, claims, powers, and entitlements of the 
          Electricity Oversight Board (EOB) in any litigation or 
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          settlement to obtain ratepayer recovery for the effects of 
          the 2000-02 energy crisis and prohibits the AG from 
          expending the proceeds of any settlements of those claims, 
          with certain exceptions.

           Background
           
          The EOB was created by 1996 legislation which deregulated 
          California's wholesale electricity industry.  Its primary 
          mission was to oversee the California Independent System 
          Operator (CAISO) and the Power Exchange (PX) which for a 
          time was the marketplace in which all electricity in the 
          state was bought and sold.  The EOB was given very broad 
          authority over ensuring reliability of the state's supply 
          of electricity.

          The EOB's primary duty at that time was to act as a market 
          monitor, oversee the state's electricity market and 
          initiate proceedings at Federal Energy Regulatory 
          Commission (FERC) in response to market manipulation. The 
          EOB was a participant in over 400 proceedings at FERC and 
          was a litigant in over 100 cases in the federal courts of 
          appeal.  Through 2005-06, the EOB had been a party to 
          settlements of over $1 billion for various overcharges 
          stemming from the energy crisis. 

          Among the many developments associated with the energy 
          crisis were the bankruptcy of the PX in March 2001 and the 
          replacement of the EOB by an appointed CAISO stakeholder 
          board with gubernatorial appointees.  The EOB was 
          ultimately defunded in 2008 but the Legislature did not 
          assign a successor agency to assume its responsibilities.

           Comments
           
          The purpose of this bill is to extend the period through 
          which the AG may, on behalf of the EOB, sign settlements 
          stemming from the 2000-02 energy crisis.  Until defunded in 
          2008, the EOB was one of the complainants in numerous cases 
          stemming from the energy crisis, along with the Public 
          Utilities Commission (PUC), AG, PG&E, Southern California 
          Edison, and SDG&E (collectively, the "Cal Parties").  The 
          Cal Parties brought the energy crisis cases against 
          approximately 65 energy sellers, have now settled with many 

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          of the sellers, and continue to negotiate settlements with 
          remaining sellers.  In 2004, the Cal Parties, including the 
          EOB, entered into an escrow agreement with JP Morgan Chase 
          Bank to handle all future settlements.  Under that 
          agreement, the signatures of all Cal Parties (including 
          EOB) are required to issue effective escrow instructions 
          for the purpose of disbursing funds resulting from 
          settlements with individual energy crisis-era sellers.  
          Difficulties in getting EOB signatures on settlement 
          agreements and escrow disbursement instructions began 
          cropping up in 2007, when the EOB began to be dismantled.  
          This bill allows the AG to continue to sign for the EOB, 
          facilitating settlement of certain energy crisis claims and 
          disbursement of escrow funds.

           PUC v. NRG  .  The PUC recently announced the settlement of a 
          claim pending at the FERC from the energy crisis with NRG.  
          The $120 million settlement would allocate $20 million 
          directly to ratepayers but the remaining in-kind funds 
          would be dedicated to increasing the infrastructure for the 
          charging of electric vehicles and under ownership by NRG.  
          This settlement would be unaffected by the terms of this 
          bill because the PUC was the only claimant in that action.  


           Related legislation
           
          AB 1457 (Huber), a technical clean-up bill, contains a 
          provision identical to this bill.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

           SUPPORT  :   (Verified  5/15/12)

          Public Utilities Commission (source)


          RM:do  5/15/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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