BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 657| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 657 Author: Monning (D), et al. Amended: 6/23/15 Vote: 27 - Urgency 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: 7-0, 8/27/15 AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen SUBJECT: Diablo Canyon Units 1 and 2: enhanced seismic studies and review: independent peer review panel SOURCE: Author DIGEST: This bill requires the California Public Utilities Commission (CPUC) to convene, or continue, until August 25, 2025, the independent peer review panel (IPRP) to review Pacific Gas and Electric's (PG&E) seismic studies of PG&E's Diablo Canyon Power Plant, a nuclear facility on the Central Coast. ANALYSIS: Existing law: 1)Requires the California Energy Commission (CEC) to compile and assess scientific studies to determine the potential vulnerability of the state's largest generating plants due to aging or a major seismic event, assess the potential state and local costs associated with accumulating waste at California's nuclear power plants, and adopt the assessment by November 1, SB 657 Page 2 2008. (Public Resources Code §25303) 2)Requires all charges demanded or received by any public utility for any product or commodity furnished or any service rendered be just and reasonable, and further requires every public utility to furnish and maintain such adequate, efficient, just, and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and convenience of its patrons, employees, and the public. (Public Utilities Code §451) This bill: 1)Requires the CPUC to convene, or continue, until August 25, 2025, the IPRP to conduct an independent review of PG&E's Diablo Canyon Units 1 and 2 powerplant, including the surrounding areas of the facility and areas of nuclear waste storage. 2)Requires the IPRP to contract with CEC, the California Geological Survey, the Coastal Commission, the Alfred E. Alquist Seismic Safety Commission, the Office of Emergency Services, and the County of San Luis Obispo to participate on the panel. Background Diablo Canyon - nuclear power on the seismically active Central Coast. Diablo Canyon Power Plant is a two-unit nuclear powerplant located in San Luis Obispo County. The power production facility and support operations sit on approximately 900 acres adjacent to the Pacific Ocean between Avila Beach and Montano del Oro State Park. According to PG&E, the plant produces approximately 10 percent of California's energy load and about 20 percent of PG&E's overall electricity production. The powerplant is licensed by the federal Nuclear Regulatory Commission (NRC) to operate until 2024 and 2025, respectively, for units 1 and 2. Since the initial siting of Diablo Canyon, PG&E and the state have been aware that the plant lies within a seismically active zone. Recently, seismologists have become aware of the SB 657 Page 3 possibility of an earthquake directly beneath the powerplant. In 2008, in response to statutory direction, the CEC released its assessment of the potential vulnerability of Diablo Canyon to a major disruption due to a seismic event [http://www.energy.ca.gov/2008publications/CEC-100-2008-008/CEC-1 00-2008-008-CMF.PDF]. As part of that assessment, the CEC recommended that PG&E use three-dimensional geophysical seismic reflection mapping and other advanced techniques to supplement ongoing seismic research programs; and that CEC and other appropriate state agencies evaluate whether these studies should be required as part of the Diablo Canyon license renewal feasibility studies for the CPUC. Soon after, the CPUC directed PG&E to incorporate the recommendations from the CEC report into its feasibility study to extend the operating licenses of Diablo Canyon. In 2009, PG&E filed an application with NRC to extend Diablo Canyon's operation by 20 years. The licensing decision rests wholly with the NRC. However, the CPUC will decide the reasonableness of PG&E's request to recover the costs for continued operation of the powerplant. In 2010, the CPUC formally decided to convene, via contract, its IPRP, composed of itself, the CEC, the California Geological Survey, the California Coastal Commission, and the California Seismic Safety Commission. The IPRP would conduct an independent review of PG&E's seismic studies to enhance CPUC's ability to assess the reasonableness of Diablo Canyon's proposed license renewal. The IPRP has conducted several reports assessing PG&E's seismic studies of Diablo Canyon. Following the 2011 earthquake in Japan that severely damaged the Fukushima Daiichi nuclear power plant, NRC required PG&E to conduct additional, advanced seismic studies of the area around and underneath Diablo Canyon. PG&E requested that NRC delay its decision on PG&E's relicensing request so that PG&E could conduct the seismic studies. The NRC agreed. The contract for the IPRP expires on November 30, 2015. PG&E's advanced seismic studies are ongoing. They will likely continue past 2015. SB 657 Page 4 Related Legislation AB 361 (Achadjian, 2015) extends, until July 1, 2024, the method for funding state and local costs for emergency service activities associated with a nuclear powerplant, with respect to a utility operating a nuclear powerplant with a generating capacity of 50 megawatts or more, thereby extending an amount, as specified, available for disbursement for local costs for the Diablo Canyon site. The bill is currently under consideration by the Senate Floor. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, approximate annual costs of $200,000 until FY 2025-26 to the Public Utilities Reimbursement Account (special) for IPRP contract costs. All costs are anticipated to be reimbursed by PG&E. SUPPORT: (Verified8/28/15) Alliance for Nuclear Responsibility California Coastal Commission California Public Utilities Commission County of San Luis Obispo County of Santa Barbara Pacific Gas and Electric Company Physicians for Social Responsibility-Los Angeles Physicians for Social Responsibility-San Francisco Area Chapter San Luis Obispo Mothers of Peace Sierra Club California Sierra Club-Santa Lucia Chapter Several individuals OPPOSITION: (Verified8/28/15) None received SB 657 Page 5 ARGUMENTS IN SUPPORT: The author contends the Legislature needs to act to ensure the IPRP exists throughout Diablo Canyon's licensure so that it may continue its independent, impartial, expert review of PG&E's seismic studies. Prepared by:Jay Dickenson / E., U., & C. / (916) 651-4107 8/30/15 19:48:50 **** END ****