BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 825|
          |Office of Senate Floor Analyses   |                              |
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                                   THIRD READING 


          Bill No:  AB 825
          Author:   Rendon (D) and Mark Stone (D)
          AmendedAmended:9/1/15 in Senate
          Vote:     21  

           SENATE ENERGY, U. & C. COMMITTEE:  11-0, 7/7/15
           AYES:  Hueso, Fuller, Cannella, Hertzberg, Hill, Lara, Leyva,  
            McGuire, Morrell, Pavley, Wolk

           SENATE APPROPRIATIONS COMMITTEE:  5-0, 8/27/15
           AYES:  Lara, Beall, Hill, Leyva, Mendoza
           NO VOTE RECORDED:  Bates, Nielsen

           ASSEMBLY FLOOR:  79-0, 6/3/15 - See last page for vote

           SUBJECT:   Public Utilities Commission


          SOURCE:    Author
          
          DIGEST:   This bill proposes a suite of reforms of the  
          California Public Utilities Commission (CPUC) largely directed  
          at increased transparency of the activities of the agency,  
          including requiring the California State Auditor's Office to  
          appoint an Inspector General within its office for the CPUC,  
          expanding the roles and responsibilities of the CPUC public  
          advisor, specifying additional requirements of commissioners,  
          increased transparency of electric utilities' procurement, among  
          others.

          ANALYSIS: 

          Existing law:








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            1)  Establishes the CPUC with five members appointed by the  
              Governor and confirmed by the Senate and empowers it to  
              regulate privately-owned public utilities in California.   
              Specifies that the Legislature may prescribe that additional  
              classes of private corporations or other persons are public  
              utilities.  (Article XII of the California Constitution;  
              Public Utilities Code §301 et seq.)

            2)  Requires the CPUC to provide copies and publish the agenda  
              and related items prior to the start of any voting meeting  
              of commissioners.  (Public Utilities Code §311.5)

            3)  Provides that no information furnished to the CPUC by a  
              public utility, or any business which is a subsidiary or  
              affiliate of a public utility, or a corporation which holds  
              a controlling interest in a public utility, except those  
              matters specifically required to be open to public  
              inspection by this part, shall be open to public inspection  
              or made public except on order of the CPUC, or by the CPUC  
              or commissioner in the course of a hearing or proceeding.   
              (Public Utilities Code §583)

            4)  Establishes the office of the public advisor and requires  
              the CPUC to appoint a public advisor, with a separate office  
              in Los Angeles, in order to assist members of the public and  
              ratepayers who desire to testify before or present  
              information to the CPUC in any hearing or proceeding.   
              Provides that the CPUC can employ staff as necessary to  
              carry out the duties of the office of public advisor.   
              (Public Utilities Code §321)

            5)  Requires the CPUC to determine whether a proceeding  
              requires a hearing and whether it is quasi-legislative,  
              adjudication or ratesetting.  Provides rules governing each  
              type of proceeding, including prohibiting any substantive  
              communication between a decision maker and a party in  
              adjudicative cases.  (Public Utilities Code §§1701.1 and  
              1701.2)

           This bill:

            1)  Requires the California State Auditor to appoint an  
              Inspector General for the purposes of providing oversight of  







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              the CPUC at the direction of the State Auditor, including  
              conducting audits, investigations, and reports on the  
              policies, practices, and procedures of the CPUC. 

            2)  Requires each public utility that submits an application  
              to change its rates to include in its application a summary  
              of the application that can be understood by the utility's  
              ratepayers.  Requires that this summary and the application  
              be posted on the CPUC's Internet Web site and, if the  
              utility has an Internet Web site, to be posted on the  
              utility's Internet Web site.  

            3)  Provides that if in a proceeding before the CPUC, a public  
              utility, or subsidiary, affiliate, or holding company, seeks  
              to file a pleading, report, or other document with the CPUC  
              that preserves the confidentiality of information contained  
              therein, it would be required to file a public version of  
              the pleading, report, or other document that contains  
              sufficient information for any other party to the proceeding  
              to understand the nature of its contents. 

            4)  Authorizes any party to the proceeding to file a motion to  
              make public a pleading, report, or other document filed  
              under a claim of confidentiality. Requires an administrative  
              law judge assigned to the proceeding or the assigned  
              commissioner to hold a hearing on the motion and determine  
              whether the pleading, report, or other document should be  
              made public

            5)  Adds legislative findings and declarations relative to  
              improving the transparency of CPUC regulatory activities. 

            6)  Requires the public advisor to be responsible for ensuring  
              that the activities of the CPUC are transparent to the  
              public consistent with these legislative findings and  
              directions, the California Public Records Act, the  
              Bagley-Keene Open Meeting Act, and other specified matter. 

            7)  Requires the public advisor to have independent  
              responsibility for overseeing the CPUC's Internet Web site  
              and would require the 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, with specific requirements. 







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            8)  Requires the public advisor to update, maintain, and post  
              the CPUC's service-of-process lists on the CPUC's Internet  
              Web site in an electronic form that may be used by any party  
              to complete service of process. 

            9)  Requires the CPUC to open a proceeding to reexamine a  
              specified decision relative to confidentiality of electric  
              procurement data. 

            10)   Requires the assigned commissioner  to a proceeding to  
              convene an all-parties meeting as soon as practicable after  
              the parties in a proceeding are known to discuss the  
              substantive matter to be decided in the proceeding and  
              prospects for resolving issues that would otherwise be  
              litigated. 

            11)   Requires an assigned commissioner to attend all hearings  
              in a proceeding.

            12)   Prohibits an attorney that is prosecuting a matter  
              before the CPUC from meeting with any commissioner regarding  
              the matter that the attorney is prosecuting unless all  
              parties are present.

          Background

          The CPUC quasi-independent, but still accountable to the  
          legislature.  The CPUC was established by constitutional  
          amendment as part of the sweep of progressive reforms in the  
          early 1900's. Article XII of the California Constitution grants  
          the CPUC authority to regulate public utilities "subject to  
          control of the Legislature" and grants the Legislature "plenary  
          power" to confer authority and jurisdiction upon the CPUC, with  
          the intent that the CPUC be accountable to the Legislature.  
           
          Fatal explosion in San Bruno.  On September 9, 2010, a natural  
          gas pipeline owned by Pacific Gas and Electric Company (PG&E)  
          exploded in residential neighborhood in the City of San Bruno.   
          Eight people died, dozens were injured, 38 houses were destroyed  
          and many more were damaged.  The investigations by the National  
          Transportation Safety Board (NTSB) and an independent review  
          panel appointed by the CPUC found that PG&E mismanaged their  
          pipeline over decades, failed to adequately test the strength of  







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          the pipeline and, more generally, valued profits over safety.   
          These same investigations also noted the CPUC's inadequate  
          oversight of PG&E. 

          Emails demonstrate "Culture of Conversation."  During the summer  
          and fall of 2014, PG&E, bowing to legal pressure from the City  
          of San Bruno, began to release a growing number of emails  
          between the utility and CPUC officials.  PG&E released 65,000  
          emails from over a five-year period that PG&E says it believes  
          "violated CPUC rules governing ex parte communications."   The  
          initial release of emails revealed efforts by PG&E executives to  
          influence the CPUC's assignment of the administrative law judge  
          to the San Bruno proceeding.  Many of the other emails exposed  
          regular, private, familiar communications between PG&E and  
          certain CPUC commissioners, including former CPUC President  
          Michael Peevey and current commissioner Peter Florio, as well as  
          senior CPUC officials. 

          Criminal investigations opened.  Since PG&E's initial release of  
          the emails, both the state Attorney General and the United  
          States Department of Justice have opened investigations into  
          communications between the CPUC and regulated entities.  PG&E  
          has fired three senior executives.  A senior CPUC official has  
          resigned, while other top CPUC officials - including longtime  
          CPUC President Michael Peevey and Executive Director Paul  
          Clannon - have retired under pressure. Investigators working  
          with the Attorney General's Office have raided the CPUC offices  
          and the homes of former CPUC Commissioner President Peevey and  
          PG&E former-Vice President Brian Cherry. 

          San Onofre Nuclear Generating Stations (SONGS).  In early  
          February, after a newspaper published details of the search  
          warrant, Southern California Edison disclosed a meeting that  
          occurred two years prior in Warsaw, Poland between then-CPUC  
          President Peevey and a utility executive in which they discussed  
          how to resolve the shutdown plans for SONGS. The facility had a  
          failed steam generator that required SONGS to be permanently  
          retired.  In November 2014, the CPUC approved a settlement  
          agreement between utilities and ratepayer advocates that split  
          the costs of retiring the facility and the associated  
          replacement power, with ratepayers shouldering $3.3 billion of  
          the $4.7 billion total costs.  Some parties to the proceeding  
          who were not parties to the agreement, filed multiple lawsuits  
          against the agency and also requested public records related to  







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          the deal.  

          Audits reveal CPUC's efforts are lacking.  In recent years, the  
          CPUC has undergone a number of audits related to its budget,  
          transportation program, natural gas pipeline safety program and  
          others.  The findings of these audits have raised concerns about  
          the ability of CPUC to manage even some of its core functions.   
          A March 2014 audit by the State Auditors found that "the CPUC  
          lacks adequate processes for sufficient oversight of utility  
          balancing accounts to protect ratepayers from unfair rate  
          increases."  The NTSB San Bruno investigation report and  
          subsequent audits, have found that CPUC's oversight of natural  
          gas pipeline safety efforts by the utilities needs improvements.  


          Internal auditor.  In response, the CPUC recently established an  
          Internal Audit Unit, overseen by a Chief Internal Auditor, which  
          performs audits of the CPUC's internal controls and management,  
          oversees organizational risk assessment and enterprise risk  
          management, and provides consulting services as requested to  
          assist CPUC operations.  Internal Audit Unit reports directly to  
          the CPUC, with the Chief functionally reporting to the  
          commissioners through its Finance and Administration Committee,  
          and operates under a charter approved by the CPUC on May 21,  
          2015.  

          Role of the public advisor.  The Public Advisor's Office  
          provides procedural information and advice to individuals and  
          groups who want to participate in formal CPUC proceedings.   
          Additionally, the Office is required to inform the CPUC of  
          barriers that prevent effective public participation. The Public  
          Advisor's Office also provides programs and services to educate  
          and assist the public, including special accommodations and  
          interpreter services.  

          NOTE:   See Senate Energy, Utilities, and Commerce Committee  
          analysis for a full discussion of this bill.

          Prior/Related Legislation
          
          SB 48 (Hill, 2015) proposes a suite of reforms of the CPUC,  
          including modifying the role of the president, meeting location  
          requirements, and other reforms.  The bill is currently under  
          consideration on the Assembly Floor.







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          SB 215 (Leno, 2015) proposes a suite of reforms of the CPUC  
          related to governance and operations, including disqualification  
          of commissioners to proceedings, modifying the role of the  
          president, modifying ex parte rules, and other reforms. The bill  
          was held in the Senate Committee on Energy, Utilities and  
          Communications after merging much of its contents with SB 660. 

          SB 660 (Leno/Hueso, 2015) proposes a suite of reforms of the  
          CPUC focused on ex parte communications rules, addressing the  
          disqualification of commissioners in proceedings, modifying the  
          powers of the president, and others.  The bill is currently  
          under consideration on the Assembly Floor.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes           

          According to the Senate Appropriations Committee:

           Cost pressures of $200,000 annually (special*) for the CPUC  
            commissioners to hold office hours at least once a month in  
            San Francisco or Los Angeles. 
           Ongoing costs of approximately $170,000 (special*) to increase  
            the amount of information available on the CPUC website.
           Ongoing costs of approximately $200,000 (special*) for the  
            public advisor to have independent responsibility over the  
            CPUC website.
           Unknown costs (special*) to post the transcripts of documents,  
            evidence, testimony, and proceedings online.
           One-time costs of $157,000 annually for two years (special*)  
            for a proceeding to reopen its confidentiality practices.
           Ongoing costs of $626,000 annually (special*) for hearings to  
            consider motions to make confidential documents public.
           Unknown costs (special*) to require that the assigned  
            commissioner attend all hearings in a proceeding.
           Ongoing costs between $450,000 and $850,000 (special*) to  
            appoint an inspector general from the State Auditor's office  
            to the CPUC.
           Ongoing costs of $220,000 annually (special*) to provide legal  
            staff at the public advisor's office to ensure compliance with  
            the Public Records Act and the Bagley-Keene Open Meeting Act.  
            These costs may be offset by reduced workload in other CPUC  
            division to oversee compliance.
          * Public Utilities Commission Utilities Reimbursement Account.







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          SUPPORT:   (Verified8/28/15)


          California Newspaper Publishers Association
          California Teamsters Public Affairs Council
          County of San Diego 2nd Supervisorial District, Dianne Jacob
          County of San Joaquin
          Engineers & Scientists of California
          IFPTE Local 20 AFL-CIO
          Sierra Club California
          Utility Workers Union of America, AFL-CIO


          OPPOSITION:   (Verified8/28/15)


          None received


          ARGUMENTS IN SUPPORT:     Recent media reports have revealed a  
          lack of transparency in decisions by the CPUC.  Transparency in  
          how public agencies make decisions remains a longstanding and  
          fundamental principle in California law and government.  AB 825  
          increases CPUC transparency in three ways: (1) requires  
          disclosure of information on the web and requires other CPUC  
          actions to help Californians participate in the CPUC process;  
          (2) provides a process for challenging confidentiality of  
          documents; and (3) provides for independent oversight, by an  
          Inspector General in the State Auditor's office.

          ASSEMBLY FLOOR:  79-0, 6/3/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Ting, Wagner, Waldron,  







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            Weber, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Thurmond

          Prepared by:Nidia Bautista / E., U., & C. / (916) 651-4107
          9/1/15 21:51:40


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