BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                       AB 825


                                                                       Page A


          ASSEMBLY THIRD READING


          AB  
          825 (Rendon and Mark Stone)


          As Amended  June 1, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                |Noes                  |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Utilities       |14-0  |Rendon, Patterson,  |                      |
          |                |      |Achadjian, Bonilla, |                      |
          |                |      |Burke, Dahle,       |                      |
          |                |      |Eggman,             |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Cristina Garcia,    |                      |
          |                |      |Hadley, Obernolte,  |                      |
          |                |      |Quirk, Santiago,    |                      |
          |                |      |Ting, Williams      |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Judiciary       |10-0  |Mark Stone, Wagner, |                      |
          |                |      |Alejo, Chau, Chiu,  |                      |
          |                |      |Gallagher, Cristina |                      |
          |                |      |Garcia, Holden,     |                      |
          |                |      |Maienschein,        |                      |
          |                |      |O'Donnell           |                      |
          |                |      |                    |                      |
          |----------------+------+--------------------+----------------------|
          |Appropriations  |17-0  |Gomez, Bigelow,     |                      |











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          |                |      |Bonta, Calderon,    |                      |
          |                |      |Chang, Daly,        |                      |
          |                |      |Eggman, Gallagher,  |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
          |                |      |Eduardo Garcia,     |                      |
          |                |      |Gordon, Holden,     |                      |
          |                |      |Jones, Quirk,       |                      |
          |                |      |Rendon, Wagner,     |                      |
          |                |      |Weber, Wood         |                      |
          |                |      |                    |                      |
          |                |      |                    |                      |
           ------------------------------------------------------------------- 


          SUMMARY:  Modifies various statutes governing the operation of the  
          California Public Utilities Commission (CPUC).  This bill imposes  
          new requirements to increase the transparency of the CPUC  
          decision-making and changes the process of the judicial review of  
          CPUC decisions.  Specifically this bill:  


          1)Prohibits the CPUC from reassigning any staff from duties or  
            activities authorized by statute to other duties or activities  
            unless authorized by the Legislature.  Requires the CPUC's  
            internal auditor to report directly to the commission.


          2)Deletes the requirement to furnish reports of the inspections  
            and audits and other pertinent information to the Board of  
            Equalization (BOE), and instead requires the information to be  
            posted on the CPUC's Internet Web site.


          3)Requires each public utility submitting a rate change  
            application to include, and electronically post, a summary that  
            can be easily understood as specified.













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          4)Requires a public utility, subsidiary, affiliate, or holding  
            company seeking to confidentially file a document in a CPUC  
            proceeding to also file a public version that allows any other  
            party to the proceeding to understand the nature of its  
            contents.  Authorizes any party to the proceeding to file a  
            motion to make any document filed under the claim of  
            confidentiality public.  Requires an administrative law judge  
            assigned to the proceeding or the assigned Commissioner to hold  
            a hearing to determine if the document should be made public.


          5)Requires CPUC to post on its Internet Web site a summary of all  
            electricity procurement contracts entered into by an electrical  
            corporation during the previous three years, the expenses CPUC  
            approved as just and reasonable, and a list of all public  
            utilities with pending rates-setting cases with specified  
            information in summary form.


          FISCAL EFFECT:  According to the Appropriations Committee, total  
          annual increased CPUC costs of approximately $2.5 million (special  
          fund):  


            a) Prohibition on reassignment,


           b) Internal Auditor reports to Commissioners,


           c) Confidentiality motions and hearings, and


           d) Confidentiality proceeding.


          COMMENTS:  













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           1)Purpose.  According to the author, recent media reports on the  
            CPUC have lessened the public's trust in the Commission, in  
            part, by showing the Commission's decision-making process lacked  
            transparency, with some deals done in private meetings with  
            investor-owned utility representatives.  This bill will improve  
            transparency and increase public trust.


          2)Staff reassignment.  A 2013 audit of the CPUC by the California  
            Department of Finance found   "widespread weaknesses within CPUC's  
            budget operations which compromise its ability to prepare and  
            present reliable and accurate budget information."  The  
            Legislature enacted a requirement that the CPUC conduct a zero  
            based budget (ZBB) for all of its programs by January 2015.  The  
            Legislative Analyst's Office reviewed the CPUC's ZBB<1> and made  
            a number of findings and recommendations, one of which is:


                 Based on our understanding of the various types of  
                 ZBBs, the CPUC report is not a ZBB. As discussed  
                 above, a common goal of most ZBBs is to encourage  
                 government agencies to analyze their existing  
                 resources in an effort to determine whether  
                 resources could be deployed in a more efficient and  
                 cost-effective manner.  While the report includes a  
                 description of current activities and resources, it  
                 lacks a comprehensive analysis of these activities  
                 and resources.  The report does not provide an  
                 analysis of the minimum level of funding needed to  
                 achieve current service levels or an analysis of the  
                 degree to which having higher or lower funding  
                 levels would affect the amount or quality of  
                 services provided. Without such an analysis, the  
                 ---------------------


          <1>


            
           http://www.lao.ca.gov/reports/2015/budget/resources-environmental-protection/Res-Budget-Analysis-021915.pdf  









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                 report provides relatively little information to  
                 inform the Legislature about potential changes to  
                 the level or distribution of resources provided to  
                 CPUC.


          3)Audits.  In 2013, the California State Auditor<2> published a  
            report on their review of the CPUC's compliance with statutory  
            requirements to review utility balancing accounts.  Their report  
            states:


                 We also found the commission does not audit the  
                 accounting records of the utilities it regulates  
                 according to the schedule prescribed by state law:   
                 every three years for those utilities that serve  
                 more than 1,000 customers and every five years for  
                 those utilities that serve 1,000 or fewer customers.


            In addition, the Auditor found that the CPUC has not always  
            complied with the requirement to audit utilities' books and  
            records according to the schedule prescribed by state law.  The  
            Auditor also found that for over three decades, it has not  
            provided the results of these audits to the California State  
            Board of Equalization for tax assessment purposes, as required  
            by state law.


            This bill would eliminate the requirement that the audits be  
            provided to California State Board of Equalization and instead  
            require that they be posted on the CPUC Web site.


          4)Rate Change Proposals.  Currently, most utilities provide this  
            information on their Web sites, although not always in a readily  
            accessible location.  Currently, utilities provide a summary of  
            their rate cases in newspaper public notices that is approved by  



          ----------------------------


          <2>  https://www.auditor.ca.gov/pdfs/reports/2013-109.pdf  








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            the CPUC. 


          5)Transparency and Confidentiality Provisions:  The transparency  
            provisions of this bill fall roughly into two categories.   
            First, this bill requires the CPUC to post on its Web site  
            certain documents pertaining to, or submitted by, regulated  
            entities.  For example, existing law requires the CPUC to  
            periodically inspect and audit the books of regulated entities  
            and submit reports of these investigations to the BOE.  This  
            bill would instead require these reports to be posted on the  
            CPUC Web site.  This bill also provides that when a regulated  
            entity submits an application for a rate change, the application  
            shall be reduced to a plain-language summary and posted on the  
            PUC Web site.  Second, this bill alters existing rules on  
            documents submitted to the CPUC under claims of confidentiality.  
             For example, under this bill, if a regulated entity seeks to  
            preserve the confidentiality of a document, it must also file a  
            "public version" of the document that contains sufficient  
            information for any other party to understand the contents of  
            the document.   In addition, this measure allows any party to  
            file a motion to make public any document filed under claim of  
            confidentiality.  An administrative law judge or commissioner  
            considering the motion would hold a hearing and determine  
            whether the document should be made public.  Finally, this bill  
            makes certain kinds of information presumptively public and not  
            subject to confidentiality restrictions.  These presumptively  
            public documents would include contracts for goods and services  
            executed by the CPUC and information submitted by a government  
            entity that is available to the public from that entity. 




          Analysis Prepared by:                                               
                          Sue Kateley / U. & C. / (916) 319-2083  FN:  
          0000827













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