BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1524


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          Date of Hearing:   April 28, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 1524  
          (Committee on Utilities and Commerce) - As Introduced March 16,  
          2015


                                  PROPOSED CONSENT


          SUBJECT:  ELECTRICITY:  ENERGY CRISIS LITIGATION


          KEY ISSUE:  SHOULD THE ATTORNEY GENERAL BE AUTHORIZED AN  
          ADDITIONAL TWO YEARS, until January 1, 2018, to REPRESENT THE  
          ELECTRICITY OVERSIGHT BOARD IN EFFECTING SETTLEMENT OF CLAIMS  
          RELATING TO THE 2000-2002 ENERGY CRISIS?


                                      SYNOPSIS


          This non-controversial bill, authored by the Assembly Utilities  
          and Commerce Committee, simply seeks to extend, for an  
          additional two years, the temporary authority of  the Attorney  
          General (AG) to represent the Electricity Oversight Board (EOB)  
          in any litigation or settlement to obtain ratepayer recovery for  
          the effects of the 2000-02 energy crisis.  This authority will  
          sunset of its own accord on January 1, 2016, and only a  
          temporary two-year extension is sought because the need for the  
          AG to exercise this authority is only temporary.  The bill would  
          allow the AG to continue to do what she is doing under existing  








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          authority - namely, to sign off on financial settlements  
          relating to claims arising from the 2000-2002 energy crisis.   
          This bill previously was approved by the Assembly Utilities and  
          Commerce Committee on consent and has no known opposition.


          SUMMARY:  Extends, from January 1, 2016 to January 1, 2018, the  
          temporary authority given to the Attorney General to represent  
          the Department of Finance and exercise, all rights, claims,  
          powers, and entitlements of the Electricity Oversight Board  
          (EOB) in any litigation or settlement to obtain ratepayer  
          recovery for the effects of the 2000-02 energy crisis.     


          EXISTING LAW:   


          1)Authorizes, until January 1, 2016, the Attorney General to  
            represent the Department of Finance and to succeed to 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.  (Public Utilities Code  
            Section 343(a).  All further references are to this code  
            unless otherwise stated.)


          2)Prohibits, until January 1, 2016, the Attorney General from  
            expending the proceeds of any settlements of those claims,  
            except as specified.  (Section 343(b).)


          3)Prohibits, until January 1, 2016, the Attorney General from  
            distributing or expending the proceeds of any settlements of  
            claims allocated to the EOB.  (Section 343(c).)


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.










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          COMMENTS:  This bill, authored by the Assembly Utilities and  
          Commerce Committee, simply seeks to extend, for an additional  
          two years, the temporary authority given to the Attorney General  
          (AG) to represent the Electricity Oversight Board (EOB) in any  
          litigation or settlement to obtain ratepayer recovery for the  
          effects of the 2000-02 energy crisis.  This authority will  
          sunset of its own accord on January 1, 2016, and only a  
          temporary extension is sought because the need for the AG to  
          exercise this authority is only temporary.  The bill would allow  
          the AG to continue to do what she is doing under existing  
          authority - namely, to sign off on financial settlements  
          relating to claims arising from the 2000-2002 energy crisis.  


          Background on the now defunct Energy Oversight Board.  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, to oversee the state's electricity market and 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 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.


          As part of the 2007-08 budget process, Governor Schwarzenegger  
          proposed an EOB budget of $4.1 million, but also proposed budget  
          bill language which authorized the Director of Finance to reduce  
          appropriations to EOB.  Although savings were reflected, the  
          Governor's proposal did not specify how EOB's existing workload  








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          and authority would be transferred to another state agency.  In  
          response, the Legislature stated in budget hearings that  
          elimination of the EOB and transfer of its remaining duties  
          should be addressed in the policy committee process.   
          Accordingly, the Legislature approved the EOB's operating budget  
          and rejected the proposal to authorize the Director of Finance  
          to reduce its budget appropriation.  


          The Governor vetoed the Legislature's decision to appropriate  
          funding for the EOB, then exercised his veto authority to reduce  
          EOB's 2007-08 budget by 25 percent.  In his veto message, the  
          Governor declared his expectation that, by April 1, 2008, the  
          EOB would be eliminated and its duties transferred to the Public  
          Utilities Commission.  The following year, the Governor's  
          2008-09 budget proposal included no funding for EOB, and  
          restated his intent that EOB cease its operations by April 1,  
          2008.


          Attorney General needed to represent the EOB for the purpose of  
          settling remaining claims.  Until it was defunded in 2008, the  
          EOB was one of the complainants in the Energy Crisis cases,  
          along with the PUC, Attorney General, Pacific Gas & Electric,  
          Southern California Edison, and San Diego Gas & Electric  
          (collectively, the "Cal Parties").  The Cal Parties brought the  
          Energy Crisis cases against approximately 65 energy sellers,  
          have now settled with over half of the sellers, and continue to  
          negotiate settlement with the remaining sellers.  


          In 2004, the Cal Parties, including 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 the EOB, are required to issue effective  
          escrow instructions for the purpose of disbursing funds  
          resulting from settlements with individual Energy Crisis-era  
          sellers. This bill simply continues to allow the AG to sign for  
          the EOB, facilitating the settlement of certain Energy Crisis  








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          claims.


          Recent Supreme Court decision allows further Energy Crisis suits  
          against energy companies.  On April 21, 2015, the U.S. Supreme  
          Court by a 7-2 vote ruled that energy companies can be sued  
          under state antitrust laws for illegally manipulating natural  
          gas prices during California's 2000-2002 energy crisis.  (Oneok,  
          Inc. v. Learjet, Inc. 575 U.S. ___ (2015).)  Respondents, led by  
          manufacturers, hospitals, and other institutions that purchased  
          natural gas directly from interstate pipelines, sued petitioner  
          interstate pipelines alleging violations of state antitrust laws  
          that resulted in driving up wholesale prices of natural gas.   
          The Court rejected petitioners' argument that federal law, the  
          Natural Gas Act, preempted respondents' state law claims.


          As a result of this decision, there will likely be additional  
          state law claims relating to the 2000-2002 energy crisis for  
          which authority of the Attorney General to represent the EOB  
          will be needed.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file




          Opposition










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          None on file




          Analysis Prepared by:Anthony Lew / JUD. / (916) 319-2334