BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1524| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1524 Author: Committee on Utilities and Commerce Introduced:3/16/15 Vote: 21 SENATE ENERGY, U. & C. COMMITTEE: 10-0, 6/16/15 AYES: Hueso, Fuller, Cannella, Hertzberg, Hill, Lara, Leyva, McGuire, Morrell, Wolk NO VOTE RECORDED: Pavley SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote SUBJECT: Electricity: energy crisis litigation SOURCE: Author 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) AB 1524 Page 2 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, 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 extends the sunset on the AG's authority by two years. Such an extension is appropriate: the AB 1524 Page 3 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 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.:YesLocal: No SUPPORT: (Verified6/29/15) None received OPPOSITION: (Verified6/29/15) None received ARGUMENTS IN SUPPORT: According to the author, a recent AB 1524 Page 4 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. ASSEMBLY FLOOR: 74-0, 5/22/15 AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber Prepared by:Jay Dickenson / E., U., & C. / (916) 651-4107 6/30/15 10:52:45 **** END ****