BILL ANALYSIS Ó AB 1524 Page 1 Date of Hearing: May 13, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1524 (Committee on Utilities and Commerce) - As Introduced March 16, 2015 ----------------------------------------------------------------- |Policy |Utilities and Commerce |Vote:|14 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Judiciary | |10 - 0 | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill extends the Attorney General's (AG) authority to represent the Department of Finance (DOF) and exercise all rights, claims, powers and entitlements of the Electricity AB 1524 Page 2 Oversight Board (EOB) in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000-02 energy crisis for two additional years. Currently, the authority will expire on January 1, 2016. FISCAL EFFECT: Minor, absorbable costs. COMMENTS: 1)Purpose. According to the author, 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. 2)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 was defunded in 2008 and has ceased operations. 3)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 Energy Crisis cases against approximately 65 energy sellers, and have now settled with over half of the sellers, but AB 1524 Page 3 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 allows the AG to sign for the EOB, facilitating the settlement of certain Energy Crisis claims. 4)Recent Supreme Court decision allows further suits 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. Analysis Prepared by:Jennifer Galehouse / APPR. / (916) 319-2081 AB 1524 Page 4