BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1524


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          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


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          |Policy       |Utilities and Commerce         |Vote:|14 - 0       |
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          |             |Judiciary                      |     |10 - 0       |
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          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  








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          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  








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            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


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