BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 512|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 512
          Author:   Hill (D) 
          Amended:  8/19/16  
          Vote:     21 

           PRIOR VOTES NOT RELEVANT

           SENATE PUBLIC SAFETY COMMITTEE:  4-2, 4/28/15
           AYES:  Hancock, Leno, McGuire, Monning
           NOES:  Anderson, Stone
           NO VOTE RECORDED:  Liu

           SENATE ENERGY, U. & C. COMMITTEE:  10-0, 1/13/16
           AYES:  Hueso, Fuller, Cannella, Hertzberg, Hill, Lara, McGuire,  
            Morrell, Pavley, Wolk
           NO VOTE RECORDED:  Leyva

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 1/21/16
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SENATE FLOOR:  37-0, 1/26/16
           AYES:  Allen, Anderson, Beall, Berryhill, Block, Cannella, De  
            León, Fuller, Gaines, Galgiani, Glazer, Hall, Hancock,  
            Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno,  
            Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell,  
            Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak,  
            Wieckowski
           NO VOTE RECORDED:  Bates, Liu, Wolk

           ASSEMBLY FLOOR:  61-12, 8/29/16 - See last page for vote

           SUBJECT:   Public Utilities Commission


          SOURCE:    Author








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          DIGEST:  This bill proposes a suite of reforms of the operations  
          and governance of the California Public Utilities Commission  
          (CPUC), including allowing intervenor compensation for certain  
          local governments, requiring specified information is available  
          to the public, requiring specified reporting of the CPUC  
          regarding the timeliness of proceedings, applying the Code of  
          Ethics from the Administrative Procedures Act (APA) to  
          administrative law judges (ALJs), and others.


          Assembly Amendments add provisions that allow certain local  
          governments to be paid intervenor compensation when they  
          intervene or participate in CPUC proceedings for the purpose of  
          protecting health and safety. The amendments also require the  
          CPUC Policy and Planning Division to study the outreach efforts  
          undertaken by other state or federal utility regulatory bodies  
          and make recommendations. Other amendments made further tweaks  
          to existing language in the bill. 


          ANALYSIS:   


          Existing law:

           1) Establishes the CPUC with five members appointed by the  
             Governor and confirmed by the Senate and empowers it to  
             regulate privately owned public utilities in California.   
             (Article XII of the California Constitution; Public Utilities  
             Code §301 et seq.)

           2) Requires the office of the CPUC to be located in the City  
             and County of San Francisco.  Requires the CPUC to hold at  
             least one session per calendar month in the City and County  
             of San Francisco.  (Public Utilities Code §306) 

           3) Requires the CPUC to publish and maintain on its website  
             specified information, including a docket card that lists all  
             documents filed and all decisions or rulings issued in those  
             proceedings, as provided.  (Public Utilities Code §311.5)








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           4) Requires the CPUC to develop, publish and annually update an  
             annual workplan report that describes the scheduled  
             ratemaking proceedings and other decisions that may be  
             considered during the calendar year, along with other  
             specified information to be included in the workplan report.   
             (Public Utilities §910)

           5) Requires the CPUC to annually submit a report to the  
             Legislature on the number of cases where resolution exceeded  
             the time periods prescribed in scoping memos and days that  
             commissioners presided in hearings.  (Public Utilities Code  
             §910.1)

           6) Exempts the CPUC from the APA.  (Public Utilities Code  
             §1701) 

           7) Authorizes intervenors involving electric, water, and  
             telephone utilities to be compensated for making a  
             substantial contribution to proceedings of the CPUC, as  
             determined by the CPUC.  (Public Utilities Code §1801 et  
             seq.)


           8) Requires intervenor compensation to be awarded to eligible  
             intervenors in a timely manner, within a reasonable period  
             after the intervenor has made the substantial contribution to  
             a proceeding that is the basis for the compensation award.   
             (Public Utilities Code §1801.3)


           9) Defines "compensation"  to mean payments for all or part, as  
             determined by the CPUC, of reasonable advocate's fees,  
             reasonable expert witness fees, and other reasonable costs of  
             preparation for and participation in a proceeding, and  
             includes the fees and costs of obtaining an award, as  
             specified, and of obtaining judicial review, if any.  (Public  
             Utilities Code §1802)


           10)Defines "customer" to mean any of the following:









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              a)    A participant representing consumers, customers, or  
                subscribers of any electrical, gas, telephone, telegraph,  
                or water corporation that is subject to the jurisdiction  
                of the CPUC;


              b)    A representative who has been authorized by a  
                customer; or


              c)    A representative of a group or organization authorized  
                pursuant to its articles of incorporation or bylaws to  
                represent the interests of residential customers, or to  
                represent small commercial customers who receive bundled  
                electric service from an electrical corporation.  (Public  
                Utilities Code §1802) 


              d)    States that "customer" does not include any state,  
                federal, or local government agency, any publicly owned  
                public utility, or any entity that, in the CPUC's opinion  
                was established or formed by a local government entity for  
                the purpose of participating in a CPUC proceeding.   
                (Public Utilities Code §1802)


           11)Establishes an Office of Ratepayer Advocates (ORA) to  
             represent and advocate on behalf of public utility customers  
             with a goal to obtain the lowest possible rate for service  
             consistent with reliable and safe service levels with a  
             primary focus on residential and small commercial customers.   
             (Public Utilities Code §309.5)

          This bill:

           1) Requires the CPUC to hold its sessions at least once in each  
             calendar month, without specifying the location.


           2) Applies the Administrative Adjudication Codes of Ethics to  
             CPUC administrative law judges.








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           3) Requires the CPUC to seek the participation of those likely  
             to be affected by a decision, prior to determining the scope  
             of a proceeding.  This provision does not apply to  
             adjudication cases.


           4) Requires the CPUC Policy and Planning Division to study the  
             outreach efforts undertaken by other state or federal utility  
             regulatory bodies and make recommendations.


           5) Requires the CPUC to include a docket card that lists the  
             public versions of all prepared oral and written testimony  
             and advice letter filings, protests, and responses on its  
             Internet Web site. 


           6) Requires the CPUC to make additional information available  
             on the Internet, including information on how members of the  
             public and ratepayers can gain access to the CPUC's  
             ratemaking process.


           7) Expands and recasts an existing annual reporting requirement  
             to the Governor and Legislature to include, among other  
             things, the description of all scheduled proceedings that may  
             be considered by the CPUC during the calendar year, the  
             outcomes, and the performance criteria for the CPUC and the  
             executive director.


           8) Permits intervenor compensation to be paid to certain local  
             government entities that intervene or participate in  
             commission proceedings to the extent that their involvement  
             was for the purpose of protecting health and safety, under  
             specified circumstances.


           9) Clarifies that intervenor compensation, in proceedings at  
             the CPUC, is allowed for intervenors who made a substantial  








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             contribution in a proceeding, regardless of whether or not a  
             settlement is reached.


          Background


          Reporting to the Legislature.  Current law requires the CPUC to  
          publish an annual workplan by February 1st and for the president  
          of the CPUC to appear annually before the relevant legislative  
          policy committees.  SB 512 proposes several amendments to ensure  
          the CPUC's annual report more accurately reflects the agency's  
          progress related to timeliness of proceedings and the need to  
          ensure the work of the agency is evaluated based on establishing  
          annual goals and performance criteria.  


          A more "public" Public Utilities Commission.  The often  
          legalistic processes at the CPUC can present a daunting  
          challenge for a resident to engage directly in proceedings.  SB  
          512 attempts to improve the agency's efforts on public  
          engagement by requiring specified information on the website and  
          requiring the agency to seek out those who are likely affected  
          by potential proceedings and actions.  This bill requires all  
          public versions of documents related to proceedings are included  
          in the docket card, which lists all documents for a given  
          proceeding. This bill also requires an annual performance  
          evaluation of the executive director by the CPUC based on the  
          established workplan, as well as, information about how members  
          of the public can gain access to ratemaking proceedings.  


          Code of ethics.  Most state agencies follow the APA rules and  
          requirements for rulemakings and enforcement proceedings.   
          However, as a quasi-independent agency, the CPUC is exempt from  
          the APA and instead follows its own rules and procedures.  SB  
          512 proposes to apply the APA Code of Ethics to adjudication  
          proceedings of the CPUC to align with other state agencies.   
          It's unclear the exact benefit of this change.  However,  
          considering the largely universal use of the APA by agencies  
          across the state and the country, a move to align the CPUC  
          towards more commonly used practices and procedure is likely an  








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          improvement.


          CPUC intervenor compensation.  The CPUC initiated its intervenor  
          compensation program in 1981 and state law was enacted in 1984  
          to govern the program.  The program is intended to ensure that  
          intervenors - individuals and groups that represent the  
          interests of utility ratepayers - have the financial resources  
          to bring their concerns and interest to the CPUC at its  
          proceedings.  Intervenors advocate for a variety of ratepayers,  
          including residential and small-business customers, minority  
          groups, and the disabled.  State law allows intervenors that  
          participate in CPUC proceedings involving utilities, such as  
          electric, gas, and water utilities, to request compensation for  
          the costs associated with that participation.  Public utilities  
          generally pay these intervenor compensation awards from the  
          amounts they collect from their ratepayers.  These awards affect  
          utility rates so that utilities can recoup any amounts they pay  
          to intervenors. 

          Intervenor compensation process.  An intervenor planning to  
          claim intervenor compensation must get involved in the  
          proceeding by filing a notice of intent to claim compensation  
          that indicates the planned extent and estimated costs of the  
          intervenor's planned participation in a proceeding.  In  
          addition, to be eligible for compensation, the intervenor must  
          show that it meets various mandates that state law imposes,  
          including the need to demonstrate substantial contribution to  
          the CPUC proceeding.  When an intervenor participates in a  
          proceeding they are excepted to contribute via factual  
          contentions, legal arguments, or policy recommendations.  These  
          efforts can be demonstrated by bringing witnesses, submitting  
          testimony from multiple witnesses, raising issues when it  
          cross-examines the utility's witnesses during evidentiary  
          hearings, working with other intervenors to achieve a settlement  
          and others.  When the CPUC issues a final decision on a  
          proceeding, the intervenor may file a claim for intervenor  
          compensation.  The CPUC reviews the claim and adjusts up or down  
          based on their assessment of the intervenor's participation.   
          Additionally, intervenors must show "significant financial  
          hardship" to receive compensation, by submitting documents  
          demonstrating either that the intervenor could not afford to  








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          participate without undue hardship or that the economic interest  
          of the individual members is small in comparison to the cost of  
          effective participation in the proceeding. 

          Office of Ratepayer Advocates (ORA).  Within the CPUC is an  
          independent ORA to represent and advocate on behalf of the  
          interests of public utility customers and subscribers within the  
          jurisdiction of the CPUC.  ORA's goal is to obtain the lowest  
          possible rate for service consistent with reliable and safe  
          service levels.  For revenue allocation and rate design matters,  
          the office primarily considers the interests of residential and  
          small commercial customers.  ORA has a staff of 147 staff,  
          consisting of engineers, economists, scientists, and auditors  
          with expertise in regulatory issues related to the electricity,  
          natural gas, water, and communications industries in California.  
           ORA's staff performs in-depth review and analyses of regulatory  
          policy issues and utility proposals, for funding that totals in  
          the tens of billions of dollars, in order to determine whether  
          utility requests are in the interest of the ratepayers who fund  
          utility activities through their utility bills.  ORA also  
          supports environmental policies that benefit customers and seeks  
          to ensure that utility actions comport with CPUC rules and  
          California environmental laws and policy goals.  In 2015, ORA  
          participated in 192 CPUC proceedings. 



          Intervenor compensation - government agencies not eligible.  The  
          statute governing intervenor compensation excludes state,  
          federal, or local government agency, any public utility, or any  
          entity formed by a local government agency for the purpose of  
          participating in a CPUC proceeding from the definition of  
          customer.  This exclusion is premised on the fact that  
          government agencies are funded with public dollars and have the  
          ability to increase taxes or fees to fund their activities.   
          Government agencies can participate as a party in any CPUC  
          proceeding.  However, the Senate Energy, Utilities,  
          Communications Committee approved AB 2120 (Weber) which would  
          have allowed county offices of education to collect intervenor  
          compensation for participation on ratemaking proceedings. At the  
          time, the committee discussed the potential slippery slope of  
          allowing schools to receive intervenor compensation. As was  








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          noted in the analysis: It may be difficult to allow K-12 schools  
          to participate in the intervenor compensation program, but not  
          allow other government agencies that may also face similar  
          challenges in their ability to raise revenues to cover costs to  
          participate in CPUC proceedings.  Ultimately, it's ratepayers  
          who shoulder the costs of compensating intervenors. This bill  
          would make communities eligible for intervenor compensation that  
          have suffered a catastrophic loss related to utility  
          infrastructure, as was the case for the City of San Bruno who  
          experienced a catastrophic gas pipeline explosion that decimated  
          a neighborhood. In its letter on the bill, the City of San Bruno  
          stated:

            As we embarked on our participation in three  
            investigations related to the explosion in our  
            community we were shocked to discover that?.such  
            compensation is not available to local government  
            organizations like ours.  Cities and counties that have  
            suffered catastrophe are least able to devote their  
            limited resource to the arcane and expensive task of  
            participation in CPUC proceedings - they have more than  
            enough to do to just respond, to address the needs of  
            their residents and to rebuild and recover.




          Intervenor compensation when no settlement is reached.  This  
          bill clarifies that compensation is allowed for intervenors who  
          made a substantial contribution in a proceeding, regardless of  
          whether or not a settlement is reached.  This provision is  
          intended to end the era of "go-along, get-along," a practice  
          instituted by former-CPUC President Peevey to encourage  
          intervenors to enter into settlements in order to receive  
          intervenor compensation.  Those who did not settle would not be  
          deemed to have made a substantial contribution and then,  
          therefore, ineligible for intervenor compensation, whether or  
          not their contribution was, indeed, substantial.


          Related/Prior Legislation
          








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          SB 215 (Leno and Hueso, 2016) proposes a suite of reforms of the  
          CPUC related to governance and operations, including  
          disqualification of commissioners to proceedings, reforming the  
          rules governing ex parte communications, and other reforms. The  
          bill is currently being considered by the Senate Floor.


          SB 660 (Leno and Hueso, 2015) proposed reforms of the ex parte  
          communications laws related to ratesetting and quasi-legislative  
          proceedings, addresses the process for disqualifying a  
          commissioner from a proceeding, and other reforms of the CPUC.   
          The bill was vetoed by the Governor.


          AB 825 (Rendon, 2015) proposed a suite of reforms of the CPUC to  
          make the agency more accessible and transparent to the public.   
          The bill was vetoed by the Governor.


          AB 1023 (Rendon, 2015) proposed to codify the summary log  
          requirements currently required at the CPUC for ratesetting  
          proceedings and extends those requirements to quasi-legislative  
          proceedings.  The bill was vetoed by the Governor.


          SB 48 (Hill, 2015) proposed a suite of reforms of the governance  
          and operations of the CPUC, including some of the same reforms  
          in SB 661 (Hill, 2015).  The bill was vetoed by the Governor. 


          SB 611 (Hill, as amended April 13, 2013) proposed reforms of the  
          CPUC, including repealing some of the powers of the president.   
          The bill was successfully voted out of Senate Committee on  
          Energy, Utilities and Communications.  It was subsequently  
          amended numerous times, and ultimately chaptered into law with  
          unrelated language regarding modified limousines.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes

          According to the Assembly Committee on Appropriations, increased  








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          CPUC costs of up to $1.1 million annually (Public Utilities  
          Reimbursement Account) to comply with the provisions of this  
          bill. 

          Most of the costs are associated with providing intervenor fees  
          to local governments, in particular, determining eligibility.   
          According to the Legislative Analyst's Office, there are over  
          5,300 local government agencies. This is more than 100 times  
          greater than the number of eligible intervenors that  
          participated in CPUC proceedings during any given year.  


          SUPPORT:   (Verified8/29/16)


           California Farm Bureau
           City of Carmel-by-the-Sea
           City of Laguna Beach
           City of San Bruno
          Sierra Club California


          OPPOSITION:   (Verified8/29/16)


          None received


          ARGUMENTS IN SUPPORT:     According to the author, recent  
          scandals at the CPUC have highlighted the need for more  
          visibility in the interactions between Commissioners and  
          regulated utilities, and a series of embarrassing audits of the  
          CPUC's mismanagement of public funds and poor safety oversight  
          point toward poor management of the organization.  This bill is  
          intended to reform the CPUC's governance structure by clearly  
          outlining the roles and responsibilities of Commissioners and  
          providing transparency and accountability.

           ASSEMBLY FLOOR:  61-12, 8/29/16
           AYES:  Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta,  
            Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu,  
            Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Gallagher,  








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            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden,  
            Irwin, Jones-Sawyer, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, McCarty, Medina, Mullin, Nazarian,  
            O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams,  
            Wood, Rendon
           NOES:  Achadjian, Travis Allen, Bigelow, Brough, Chávez, Beth  
            Gaines, Grove, Harper, Jones, Melendez, Obernolte, Waldron
           NO VOTE RECORDED:  Dahle, Frazier, Kim, Mayes, Patterson,  
            Steinorth, Wagner



          Prepared by:Nidia Bautista / E., U., & C. / (916) 651-4107
          8/31/16 9:27:24


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