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
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          |Author:    |Committee on Utilities and Commerce                  |
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          |Version:   |3/16/2015    As Introduced                           |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Jay Dickenson                                        |
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          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.
          
          

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