BILL ANALYSIS Ó SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS Senator Ben Hueso, Chair 2015 - 2016 Regular Bill No: AB 1524 Hearing Date: 6/16/2015 ----------------------------------------------------------------- |Author: |Committee on Utilities and Commerce | |-----------+-----------------------------------------------------| |Version: |3/16/2015 As Introduced | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Jay Dickenson | | | | ----------------------------------------------------------------- SUBJECT: Electricity: energy crisis litigation DIGEST: This bill extends, by two years, the authority of Attorney General (AG) to represent the Department of Finance (Finance) and to exercise the powers of the now-defunct Electricity Oversight Board (EOB) in any litigation related to the 2000-02 energy crisis. ANALYSIS: Existing law requires the AG, until January 1, 2016, to represent 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 and prohibits the AG from expending the proceeds of any settlements of those claims, with certain exceptions. (Public Utilities Code §343) This bill extends, from January 1, 2016 to January 1, 2018, the sunset date on current law that authorizes the AG to represent Finance and to exercise the powers of the EOB in any litigation related to the 2000-02 energy crisis in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000-02 energy crisis. Background The EOB was created by 1996 legislation that deregulated California's wholesale electricity industry. The EOB's primary mission was to oversee the California Independent System Operator (CAISO) and the Power Exchange (PX), which, for a time, AB 1524 (Committee on Utilities and Commerce) Page 2 of ? 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, oversee the state's electricity market and initiate proceedings at 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. Among the many developments associated with the energy crisis was the bankruptcy of the PX in March 2001 and the replacement of the EOB by an appointed CAISO stakeholder board with gubernatorial appointees. The EOB was ultimately defunded in 2008 but the Legislature did not assign a successor agency to assume its responsibilities. Since EOB's demise, the Legislature has authorized the AG to represent Finance and EOB in any litigation or settlement to obtain ratepayer recovery for the effects of the 2000-02 energy crisis. Under current law, this authority would sunset on January 1, 2016. More work to be done. This bill would extend the sunset on the AG's authority by two years. Such an extension is appropriate: the AG likely has more work to do. As described in prior analyses of this bill, the U.S. Supreme Court recently ruled that energy companies can be sued under state antitrust laws for illegally manipulating natural gas prices during California's 2000-2002 energy crisis. As a result, there will likely be additional claims relating to the energy crisis for which the AG will need to represent Finance and exercise the powers of the EOB. Prior/Related Legislation SB 1533 (Padilla, Chapter 226, Statutes of 2012) extended, from January 1, 2013 to January 1, 2016, the authority of the AG to represent Finance and to succeed the EOB in any litigation or settlement to obtain electricity ratepayer relief as a result of the 2000-2002 energy crisis. AB 1524 (Committee on Utilities and Commerce) Page 3 of ? AB 1457 (Huber, 2012) would have eliminated the EOB from statute and provided the AG with the authority extended by this bill. AB 1457 died in the Assembly Appropriations Committee. AB 1390 (Committee on Utilities & Commerce, Chapter 179, Statutes of 2011) established the authority of the AG to represent Finance and to succeed the EOB in any litigation or settlement to obtain electricity ratepayer relief as a result of the 2000-2002 energy crisis. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No ASSEMBLY VOTES: Assembly Floor (74-0) Assembly Appropriations Committee (17-0) Assembly Judiciary Committee (10-0) Assembly Utilities and Commerce Committee(14-0) SUPPORT: None received ARGUMENTS IN SUPPORT: A recent decision of the U.S. Supreme Court will likely result in additional state litigation related to the 2000-2002 energy crisis; therefore, the need for the AG to represent the state in such litigation continues. -- END --