BILL ANALYSIS Ó
SB 1533
Page 1
Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1533 (Padilla) - As Amended: May 1, 2012
Policy Committee:
UtilitiesVote:12-0 (Consent)
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill extends, from January 1, 2013 to January 1, 2016, the
requirement for the Attorney General (AG) to represent the
Department of Finance and to succeed the Electricity Oversight
Board (EOB) in any litigation or settlement to obtain
electricity ratepayer relief as a result of the 2000-2002 energy
crisis.
FISCAL EFFECT
The bill will result in absorbable costs to the AG and allow
continued resolution of energy crisis-related litigation,
including receipt of any resulting settlement revenues to
benefit ratepayers and the state.
COMMENTS
Background and Purpose . The EOB was created by AB 1890
(Brulte)/Chapter 854 of 1996, which deregulated California's
wholesale electricity industry. As a result of the energy crisis
ten years ago, one of the EOB's primary duties was to initiate
proceedings at the Federal Energy Regulatory Commission (FERC)
in response to market manipulation. The EOB was a participant in
over 400 proceedings at FERC and has been a litigant in over 100
cases in the federal courts of appeal.
The EOB ceased operations on April 1, 2008 and was defunded in
2008-09. Until that time, the EOB was one of the complainants in
the Energy Crisis cases, along with the Public Utilities
SB 1533
Page 2
Commission (PUC), the 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 settlement 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 surfaced in 2007, when the
EOB was being dismantled. AB 1390 (Utilities and Commerce
Committee)/Chapter 179 of 2011, designated the AG to assume the
EOB's authority and responsibilities regarding this litigation.
SB 1533 extends this authority for an additional three years to
allow for continued settlement of claims and disbursement of
escrow funds.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081