BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  May 18, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2381 (Roger Hernández) - As Amended April 26, 2016


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          |Policy       |Utilities and Commerce         |Vote:|14 - 0       |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill requires the Public Utilities Commission (PUC) to  
          direct electric utilities to establish utility service guarantee  
          programs (SGPs), on or before July 1, 2018, to automatically  
          provide each customer a $30 bill credit for each continuous  
          24-hour period that the customer is without power.   
          Specifically, this bill:













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          1)Specifies the bill credit is not an exclusive remedy and does  
            not affect any other relief or remedy provided by law.



          2)Requires electric corporations to engage in public outreach to  
            increase awareness of the program.



          3)Requires shareholders to exclusively bear the cost of their  
            service guarantee programs, rather than ratepayers.  



          4)Allows an electrical corporation that has a program to provide  
            bill credits for outages prior to January 1, 2017 to update  
            its program to comply with the bill rather than create a new  
            program.



          5)Requires electric corporations to report to the Legislature,  
            on or before July 2, 2019, and annually thereafter, on the  
            number of customers provided a bill credit and the total  
            amount credited to customers through these service guarantee  
            programs.
          6)Specifies that the program requirement does not apply to  
            outages under any of the following circumstances:


               a)     The outage is planned and for maintenance.
               b)     The outage is caused by a moderate, severe, or  
                 catastrophic storm condition.


               c)     The facilities, lines, equipment, or other property  
                 necessary to restore power are inaccessible or are deemed  
                 unsafe to access.








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               d)     The outage occurs during a declared emergency event  
                 or cause related to an extraordinary event or  
                 circumstance beyond the control of the electric  
                 corporation (force majeure).


               e)     The affected service location is vacant.


          








          FISCAL EFFECT:


          Increased costs for the PUC estimated between approximately  
          $50,000 to $170,000 depending upon whether the implementation  
          and modification of the SGPs are done through Advice Letter or  
          through a proceeding (Public Utilities Commission Utilities  
          Fund).


          This bill requires the PUC to establish new utility service  
          guarantee programs for San Diego Gas & Electric (SDG&E) and Bear  
          Valley Electric Services (BVES); and to modify existing service  
          guarantee programs for Pacific Gas & Electric (PG&E), Southern  
          California Edison (SCE), and PacifiCorp.  


          COMMENTS:









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          1)Purpose.  According to the author, two utility companies have  
            existing automatic bill credit programs that offer some relief  
            for customers without power for extended periods of time.   
            This bill builds off the success of these programs and extends  
            requirements to all electric corporations.


          2)Background.  Power outages are not an uncommon occurrence and  
            can sometimes last a few hours to a few days.  Such outages  
            not only create an inconvenience for residents and businesses,  
            but can also cause health and safety issues, as well as  
            economic damages to businesses and communities.  Under current  
            law, the CPUC is required to adopt inspection, maintenance,  
            repair, and replacement standards for electric distribution  
            systems, as well as standards for operation, reliability, and  
            safety during periods of emergency and disaster.


            In most cases, electric utilities provide businesses and  
            residents reimbursements if they suffered a loss or damage due  
            to a service interruption as a result of the utility.   
            Utilities judge each claim individually.  For example,  
            according to SCE's website, SCE evaluates each claim  
            individually, and determines: a) if loses occurred due to  
            their negligence; b) how the incident happened; c) the extent  
            of damages; and d) what the law considers fair compensation.   
            Customers must submit proof and documentation to verify their  
            claims along with the application.


          3)Existing Service Guarantee Programs.  The PUC adopted Decision  
            (D.) 00-02-046 in PG&E'sTest Year (TY) 1999 General Rate Case  
            (GRC) proceeding to create PG&E's Quality Assurance Program  
            (QA Program).  It was later modified by D.04-05-055 in its TY  
            2003 GRC proceeding and in D.07-03-044 in its TY 2007 GRC  
            proceeding.  D.04-05-055 adopted a settlement between PG&E and  
            the Office of Ratepayer Advocates (ORA) that established a $30  
            bill credit for any failure to meet the quality service  








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            standards.  Standard 7 of the QA Program pertains to  
            restoration of services within 24 hours.  PG&E reports  
            quarterly to the PUC on credits paid to customers.


            The PUC adopted D.04-07-022 in SCE's Test Year (TY) 2003 GRC  
            proceeding to create SCE's Service Guarantee Program.  Under  
            SCE's current SGP, SCE provides a $30 bill credit for each  
            24-hour period that a customer is without service.  SCE  
            reports annually to the PUC on credits paid to customers.

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            |PacifiCorp's SGP went into effect on July 1, 2001, after its merger   |
            |with Scottish Power.  Electric Rule 25 and Tariff Schedule 300        |
            |require PacifiCorp to provide a customer $50 bill credit for failure  |
            |to restore electric supply within 24 hours after being notified and   |
            |$25 bill credit for each additional 12 hours of power outage.  To     |
            |receive the bill credit, a customer must make a claim for             |
            |compensation within 30 calendar days of the date of the outage.       |
            |PacifiCorp reports annually to the PUC on credits paid to customers.  |
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          4)Related Legislation.  AB 1800 (Hadley) requires an electric  
            utility to post specified information relating to utility  
            outage compensation claims on its Internet Web site.  This  
            bill is in this Committee's Suspense file.








          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081








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