BILL ANALYSIS Ó SENATE COMMITTEE ON ENERGY, UTILITIES AND COMMUNICATIONS Senator Ben Hueso, Chair 2015 - 2016 Regular Bill No: SB 1122 Hearing Date: 4/19/2016 ----------------------------------------------------------------- |Author: |Cannella | |-----------+-----------------------------------------------------| |Version: |3/29/2016 As Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Nidia Bautista | | | | ----------------------------------------------------------------- SUBJECT: Telecommunications: small independent telephone corporations: rates: universal service: California High-Cost Fund-A DIGEST: This bill requires the California Public Utilities Commission (CPUC) to make a final decision in a general rate case of a small independent telephone company no later than 390 days following the company's filing and if the deadline is missed, provides that the proposed rates will take effect on an interim basis subject to an accounting true-up if a decision is issued within 420 days of the filing. If a final decision is made after 420th day, the new rate will take effect prospectively with no true-up to the interim rates. This bill also allows rate case expenses to be an eligible expense within the California High-Cost Fund-A Program that provides universal service rate support to small independent telephone corporations. ANALYSIS: Existing law: 1)Provides federal universal service funding to providers serving rural, high-cost areas to help pay for facilities that provide customers both voice and broadband service for customers in rural, insular and high-cost areas to ensure they have access to telecommunications services that are reasonably comparable to those services provided in urban areas and that are available at rates that are reasonably comparable to rates charged for similar services. (47 U.S.C. 254) SB 1122 (Cannella) Page 2 of ? 2)Requires the CPUC to regulate utilities, including telephone corporations and to establish just and reasonable rates for service, with corporations proposing rates either through a general rate case application or an advice letter. (Public Utilities Code §451) 3)Requires the CPUC to exercise its legal authority to maintain the California High-Cost Fund-A Administrative Committee Fund program (CHCF-A program) to provide universal service rate support to small independent telephone corporations in amounts sufficient to meet the revenue requirements established by the CPUC through rate-of-return regulation in furtherance of the state's universal service commitment to the continued affordability and widespread availability of safe, reliable, high-quality communications services in rural areas of the state. (Public Utilities Code §275.6) 4)Requires the CPUC to resolve general rate case proceeding within 18 months of the date the scoping memo is issued, unless the CPUC makes a written determination that the deadline cannot be met and provides that no single order can extend the deadline for more than 60 days. Provides that the CPUC may specify in a scoping memo a resolution date later than 18 months if the memo includes specific reasons for the later date and the assigned commissioner approves the date. (Public Utilities Code §1701.5) 5)Requires the CPUC to issue a final decision on a general rate case application of a large (Class A) water corporation within one year and requires interim rates that may be increased by an amount equal to the rate of inflation as compared to existing rates to take effect if the CPUC misses the deadline. Provides the presiding officer determines the water corporation's actions have delayed resolution, the presiding officer or the CPUC may require a different date for interim rates. (Public Utilities Code §455.2) 6)Requires the CPUC to submit an annual report to the Legislature on the number of cases where resolution exceeded prescribed time periods in scoping memos. (Public Utilities Code §910.1) This bill: 1)Revises the CHCF-A program requirements to provide that the SB 1122 (Cannella) Page 3 of ? revenue requirement of a small independent telephone corporation includes rate expenses defined as the reasonable costs incurred by a telephone corporation in preparing and participating in any CPUC proceeding or advice letter process related to its rates. 2)Requires the CPUC to issue a final decision on a general rate case of a small independent telephone corporation no later than 390 days following the corporation's filing of its general case application or advice letter. 3)Provides that if the CPUC fails to issue a final decision as required, the rate design proposed by the small independent telephone corporation in its application or advice letter shall take effect on an interim basis beginning 390 days from the filing. 4)Requires that the interim rate design will be subject to an accounting true-up if a final CPUC decision or resolution concluding the rate case is issued within 420 days. The new rate will be applied retroactively to the 390th day and the accounting true-up will eliminate any revenue differences. 5)Requires that if a final decision has not been made by the 420th day, the interim rate shall become final until the CPUC issues a final decision without any true-up accounting. 6)Provides that the deadlines established by this bill can be waived by mutual consent of the executive director of the CPUC and the small independent telephone corporation. Background Small Independent Telephone Companies. There are 13 small independent telephone companies that provide local exchange telecommunications service in rural areas of the state. These include: Calaveras Telephone located in Calaveras County, Cal-Ore Telephone in Doris near Shasta, Ducor Telephone in the Southern San Joaquin Valley, Foresthill Telephone located in northeast Sacramento, Kerman Telephone in western Fresno County, Pinnacles Telephone in San Benito Valley, Ponderosa Telephone in Madera/Fresno/San Bernardino, Sierra Telephone serving Madera/Mariposa, Siskiyou Telephone in northern California, and Volcano Telephone in Amador County. The small companies operate as monopoly providers under traditional rate of return regulation with rates set by the CPUC. Rates are determined SB 1122 (Cannella) Page 4 of ? through a general rate case (GRC) proceeding with evidentiary hearings before an administrative law judge (ALJ) in which other parties participate, or through a less formal advice letter process administered by the CPUC staff. As part of the rate case, the CPUC determines a revenue requirement necessary to cover the company's expenses, a return on capital investment, and a profit. However, since these areas are a high cost to serve, the revenue from rates is supplemented with support from the CHCF-A. California High-Cost A-Fund. Public Utilities §275.6 requires the CPUC to minimize telephone rate disparities between rural and metropolitan areas to keep rates affordable in areas with lower population densities. This fund supports the 13 small independent telephone companies to allow rural residents to stay connected to essential services to maintain public safety and public health. In the current fiscal year, the CPUC has budgeted 43.3 million dollars from the A-Fund. Federal High-Cost Program. In addition to the revenue from rates and the A-Fund, the small telephone companies receive support from the federal universal service program as cost recovery for the portion of their facilities that are deemed to be for interstate services. Although originally designed to only be for voice service, the FCC in November 2011 issued a major decision revamping the former Universal Service Fund into the Connect America Fund (CAF) to provide subsidies for facilities that provide broadband and voice service. Carriers that accept the CAF funding must meet broadband build-out requirements and demonstrate that their networks provide minimum broadband speeds. The poster child - Kerman Telephone. Kerman Telephone Company filed a general rate case application in December 2011. The CPUC issued its first scoping memo six months later. In December 2012, the CPUC rejected a settlement agreement between the two main parties, Kerman Telephone and the Office of Ratepayer Advocates. Eight months later the CPUC issues a revised scoping memo. Eventually, Kerman filed for interim rate relief, which the CPUC denied. In October 2013, the CPUC adopted a stay of the rate case. The decision provided for an additional six month stay. Kerman filed a court appeal challenging the CPUC's delay. Kerman has not had a rate change in nine years which has left the company operating under a "cloud of regulatory uncertainty." Recently, on March 29th, the CPUC released a proposed decision SB 1122 (Cannella) Page 5 of ? for Kerman. AB 1693 (Perea). AB 1693 was passed unanimously by the Legislature in 2014. The bill was very similar to this bill, as it would have required a date certain for small telephone companies on their GRCs. However, the bill was vetoed by the Governor. In his veto message of the bill, Governor Brown stated: "this bill sets inflexible time limits for the completion of small telephone company rate cases and potentially harm ratepayers. I am directing the CPUC to address the concerns of the proponents and to create a Rate Case Plan to encourage timely completion of these rate cases." Through Decision 15-06-04 in June 2015, the CPUC adopted a plan that set forth a timeline for how the CPUC will conduct general rate cases for the small independent telephone companies going forward. The timelines adopted as guidelines for resolving rate cases are those that are included in this bill as a requirement. (Timeline table below) --------------------------------------------------------------- |Table below sets forth benchmarks and associated timelines for | | the GRC applications. (R. 11-11-007) | --------------------------------------------------------------- |-----------------------------------+---------------------------| | Benchmark/Timeline | Day (Count) | |-----------------------------------+---------------------------| |Applicant submits Notice of Intent | -60 | |to CD | | |-----------------------------------+---------------------------| |Applicant provides initial | From -60 to -30 | |proposals, basic ratemaking and | | |summary calculations to ORA, CD, | | |and other interested parties. | | |Parties make good faith effort to | | |reach agreement on procedural, | | SB 1122 (Cannella) Page 6 of ? |discovery and confidentiality | | |protocols. | | |-----------------------------------+---------------------------| |ORA sends Master Data Request to | -55 | |Applicant | | |-----------------------------------+---------------------------| |Applicant responds to ORA's Master | -41 | |Data Request (MDR) | | |-----------------------------------+---------------------------| |CD provides deficiency or | -30 | |compliance letter to the Applicant | | |any dispute between the Applicant | | |and ORA on the MDRs is to be | | |resolved by the Director of CD. | | |-----------------------------------+---------------------------| |Applicant resolves deficiencies | ASAP: -30 but by -20 | |-----------------------------------+---------------------------| |At request of any party, CD | From -20 to -5 | |convenes informal workshop for | | |parties to meet and confer, and to | | |address any potential application | | |deficiencies/matters. | | |-----------------------------------+---------------------------| |GRC Application Filed and | 0 | |Testimony served | | |-----------------------------------+---------------------------| |Protest/Intervenor Deadline | 30 | |-----------------------------------+---------------------------| |Reply to protest | 40 | |-----------------------------------+---------------------------| |Prehearing Conference | 60 | |-----------------------------------+---------------------------| |Parties perform discovery | 0-150 | |(including supplemental data | | |requests and field visits); Public | | |Participation Hearings held | | |-----------------------------------+---------------------------| |Intervenor Testimony Due | 150 | |-----------------------------------+---------------------------| |Rebuttal Testimony Due | 180 | |-----------------------------------+---------------------------| |Evidentiary Hearings | 210-220 | |-----------------------------------+---------------------------| |Opening Briefs | 250 | |-----------------------------------+---------------------------| SB 1122 (Cannella) Page 7 of ? |Reply Briefs/ALJ closes record | 271 | |-----------------------------------+---------------------------| |Proposed Decision | 331 | |-----------------------------------+---------------------------| |Comments on PD | 351 | |-----------------------------------+---------------------------| |Commission Meeting/Decision | 361-390 | |-----------------------------------+---------------------------| |Implement new GRC rate structure | 390-420 | | | | --------------------------------------------------------------- Rate case expenses. In the attempts to resolve the Kerman Telephone general rate case, the CPUC essentially started anew, restarting the case using a 2016 test year. As a result, Kerman, as well as, the other parties, namely ORA, had to conduct new analysis and provide new testimony. According to CalCom, the original expenses had to be absorbed. The changes in this bill reflect that experience and provide telephone corporations the opportunity to include rate case expenses resulting from preparing and participating in a rate-related proceeding. However, it is unclear exactly what expenses are covered and which would not be covered. The author and committee may wish to require the CPUC to determine what are considered rate case expenses. Is a bill needed? While the Kerman Telephone general rate case may be an anomaly. The CPUC has struggled with adhering to the recommended timelines for resolving proceedings. In recent years, there's been an effort by the agency to better account for the proceedings and their status. The focused commitment from the Executive Director, Commissioners and staff is showing some measurable improvement. However, there are also challenges with the manner that some cases are closed and reopened as new proceedings. Proponents of this bill refer to the statute and the deadlines included for water corporations as a model for how timelines should be required for small telephone companies. However, in the case of water corporations, the interim rates are based on the existing rates with some accounting for inflation, whereas this bill is proposing to adopt the corporation's proposed rates as the interim rates. Generally, a utility will propose higher rates than what is usually found to be just and reasonable. Additionally, the water corporation statute related to proceeding timelines provides the administrative law judge and CPUC additional discretion, SB 1122 (Cannella) Page 8 of ? particularly if it is determined the delays in the proceeding have been caused by the corporation. The author and committee may wish to add language to this bill in order to mirror the provisions that exist for water corporations that establish the interim rates based on the existing rate plus inflation and allow the CPUC some discretion when it is determined the corporation has caused the delay in the proceeding. Prior/Related Legislation AB 1693 (Perea, 2014) a bill very similar to the one being proposes. AB 1693 would have required the CPUC to complete a general rate case of a small independent telephone corporation within 390 days. If the deadline was not met, the bill would have established procedures for interim rates. FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No SUPPORT: California Communications Association (Source) California's Independent Telecommunications Companies OPPOSITION: None received ARGUMENTS IN SUPPORT: The author states: "A core function of the CPUC is rate-setting. Utilities subject to rate regulations, like the member telephone companies of CalCom, cannot change any rate without CPUC review and approval through a General Rate Setting Application. As such, the efficient operation and economic health of rate-regulated utilities, and ultimately their ability to make investments and upgrades to ensure they are meeting the needs of their communities and customers. If the CPUC fails to timely process a telephone company's rate case, there is no mechanism by which the company can compel the Commission to act. Plus, the current generic California statutory requirement on the CPUC for the timely completion of its proceedings is easily circumvented and even ignored by the CPUC. Over the past 20 years, the Commission has processed more than two dozen small telephone company rate cases, resolving SB 1122 (Cannella) Page 9 of ? most of them within 13 months. Kerman's rate cases filing was straightforward, containing no matter that would justify additional time. Although Kerman could be considered an anomaly, the fact that five years can go by and have no resolution should give any company regulated by the CPUC pause." -- END --