BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1533
                                                                  Page  1

          Date of Hearing:   June 25, 2012

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Steven Bradford, Chair
                     SB 1533 (Padilla) - As Amended:  May 1, 2012

           SENATE VOTE  :   33-0
           
          SUBJECT  :  Electricity: energy crisis litigation.

           SUMMARY  :   Renews until January 1, 2016, the Attorney General's 
          (AG's) ability to sign for the Electricity Oversight Board (EOB) 
          in any litigation or settlement to obtain ratepayer recovery for 
          the effects of 2000-02 energy crisis.  

           EXISTING LAW  :

          1)Requires the AG, until January 1, 2013, to represent the 
            Department of Finance and to succeed all rights, claims, 
            powers and entitlements of the EOB in any litigation or 
            settlement to obtain ratepayer recovery for the effects of the 
            2000-02 energy crisis.

          2)Prohibits the AG from expending the proceeds of any 
            settlements of those claims, except as specified.

           FISCAL EFFECT :  Unknown.

           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.  

           1)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 








                                                                  SB 1533
                                                                  Page  2

          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.

           2)EOB  : Until defunded in 2008, the EOB was one of the 
            complainants in numerous cases
          stemming from the energy crisis, along with the California 
          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 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.  The 
          provisions in this bill sunset January 1, 2016.

           3)Related legislation  : AB 1390 Assembly Utilities & Commerce 
            Committee (Chapter 179
          Statutes of 2011) authorized the AG to sign for the EOB, but 
          that law is scheduled to sunset on January 1, 2013.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Public Utilities Commission (CPUC) (Sponsor)
           
            Opposition 








                                                                 SB 1533
                                                                  Page  3

           
          None on file.

           Analysis Prepared by  :    DaVina Flemings / U. & C. / (916) 
          319-2083