BILL ANALYSIS                                                                                                                                                                                                    




                                                          AB 1890
                                                         Page 1

PROPOSED CONFERENCE REPORT NO.  1  - August 28, 1996
AB 1890 (Brulte, Conroy, Martinez, Peace, Leonard, Sher)
As Amended June 16, 1996
2/3 vote.  Urgency  

 ASSEMBLY: 73-0  (June 27, 1996) SENATE:  40-0  (June 24, 1996)      


 ASSEMBLY CONFERENCE:  3-0        SENATE CONFERENCE:  3-0

Ayes:  Martinez, Conroy, Brulte Ayes:  Peace, Leonard, Sher

Original Committee Reference:   U. & C.

 SUMMARY:  Restructures the electrical services industry in  
California in order to transition to competitive markets by  
December 31, 2001, to lower the cost of electricity, retain and  
attract jobs, and to reduce power outages.

Maintains funding for benefits to many specified classes of  
providers and consumers of electricity. Reallocates existing funds  
within existing PUC ordered utility expenditures and PUC approved  
rates. Finances rate reductions through $5 to $10 billion in Rate  
Reduction Bonds.  Does not expose taxpayers to "the full faith and  
credit" of the state because the bonds sold will be revenue, as  
opposed to general obligation bonds. 

Freezes rates from June 10, 1996 through December 31, 1996,  
reduces rates by 10 percent for residential and small commercial  
ratepayers by January 1, 1998, requires the Public Utilities  
Commission, PUC, to cut rates an additional 10 percent by June 30,  
2002, cumulating in $3.2 billion in rate relief for residential  
and small commercial customers.  Provides a "firewall" insulating  
residential customers from rate shifts from other classes of  
customers.

Specifies retraining, retirement and other benefits for displaced  
utility workers and protects the investments of the shareholders  
of investor-owned utilities and the ratepayers of municipal owned  
utilities.

Phases out and/or buys down existing subsidies for and seeks to  
move above market energy sources, such as renewables and  
Qualifying Facilities, QFs, toward a competitive market. Provides  
specified benefits and exemptions for particular irrigation  
districts, Bay Area Rapid Transit, BART, specified UC projects,  
the state water project, producers of above market energy from  
wind, solar, fuel cells, bio-mass, cogeneration and other sources,  
public benefit programs such as research and development, energy  
efficiency programs, and low income energy assistance. 

Specifies systems reliability standards to avoid power failures.  
Provides direct customer access to electricity through competitive  
generators and a competitive Power Exchange. Under a politically  
appointed Oversight Board, an Independent Systems Operator, ISO,  








                                                          AB 1890
                                                         Page 2

maintains the reliability and unbiased scheduling of electricity  
transmission over a statewide transmission grid composed of the  
transmission assets of investor-owned utilities and municipal  
utilities.

Out of existing PUC ordered utility expenditures and approved  
rates, this bill designates certain nonbypassable Competitive  
Transition Charges, CTCs, on all 
customer bills. Segregated CTC funds are to be used by utilities  
to recover and/or reduce potential losses of having to sell,  
divest, or buy down certain uneconomic costs, "stranded" assets,  
such as above market contracts for power plants, fuel, or  
alternative sources of energy.  

Specifically,  the conference committee amendments detail the  
transition from the current regulated monopolies to a competitive  
market by specifying recovery of transition costs, organization of  
the new market, funding of current public purpose programs and  
creating new consumer protections.

This bill details the RECOVERY OF TRANSITION COSTS:
 
1)  Defines "transition costs" as the "stranded" costs of utility  
power plants and power purchase contracts that cannot be recovered  
in a competitive generation market.

2)  Provides for the recovery of these costs both because they are  
costs imposed by regulations and they are costs currently imposed  
and included in utility rates.

3)  Accelerates the recovery of transition costs out of a  
nonbypassable charge, CTC, which is levied on all consumers  
according to their use of electricity, except that no customer  
shall pay higher rates than they paid on June 10, 1996, and that  
investor-owned utilities have through December 31, 2001, to  
complete the accelerated recovery of most of their uneconomic  
costs.

4)  Authorizes publicly-owned utilities also to accelerate  
recovery of their uneconomic costs if they make their transmission  
available to statewide grid.  

5) "Nonbypassable" assumes that everyone should share in paying  
for these stranded costs, with few exemptions in the statute.

6)  Exemptions from CTCs are provided in a number of  
circumstances: an exemption for agricultural and state water  
project pumping; allowing certain Irrigation Districts to become  
electric utilities under megawatt and money limitations; allows  
the Merced district to sell to new retail customers from a  
substation constructed prior to the 12/20/96 PUC decision; extends  
CTCs for Qualified Facilities (QF's) beyond the December 31, 2001;  
deadline for collecting most CTCs; extended CTCs to pay for  
transitional employee costs; exempts planned  "pipeline"  
co-generation projects; allows PUC to decide on other proposed  








                                                          AB 1890
                                                         Page 3

exemptions, micro-generation. 

This bill provides safeguards for RESIDENTIAL AND SMALL COMMERCIAL  
customers: 

1)  Immediately reduces rates for residential and small commercial  
consumers of no less than 10% from January 1, 1998, until March  
31, 2002.

2)  Funds rate reductions by monetizing a portion of the CTC  
through the California Infrastructure and Development Bank of Rate  
Reduction Bonds.

3)  Provides that residential and small commercial customers  
receive a cumulative rate reduction of no less than 20% by April  
1, 2002.
 
4)  Establishes a "firewall" protecting residential and small  
business 
consumers from paying for any large business exemptions to the  
CTC.

5)  Reduces CTC costs by as much as $500 million; provides capital  
for discounted buy-down of stranded long-term costs and funnels  
the savings of $600 million to residential and small commercial  
customers; retains interest rate float of $120 million; and  
provides the possibility of a savings of $875 million in interest  
and hoped tax-exemptions.

This bill protects DISPLACED UTILITY EMPLOYEES by allowing  
reasonable employee costs for severance, retraining, early  
retirement, and outplacement.

This bill RESTRUCTURES THE EXISTING MONOPOLY MARKET:

1)  Accelerates the recovery of transition costs to transition  
sooner toward a competitive market structure, free of monopoly  
power with open market prices.  

2)  Provides that customers may choose among competing providers  
of electricity. 

3)  Establishes two new independent public benefit, non-profit  
market institutions, an Independent System Operator, ISO, and a  
Power Exchange, PX.

4)  Requires the ISO to control the state-wide transmission grid  
and ensure efficient use and reliable operation of the  
transmission system. Allows municipals to join the ISO when  
equitably compensated for the use of their transmission lines as  
decided at the Federal Energy Regulatory Commission, FERC. 

5)  Requires the PX to provide an efficient, competitive,  
non-discriminatory electric energy auction and to match its  
auction prices to private direct access contracts for electricity.








                                                          AB 1890
                                                         Page 4


6)  Creates a five-member Oversight Board over the ISO and the PX,  
of three gubernatorial appointees subject to Senate confirmation,  
a non-voting member of the Senate appointed by the Senate Rules  
Committee, and a non-voting member of the Assembly appointed by  
the Speaker of the Assembly.

7)  Provides the Oversight Board the authority to oversee the ISO  
and PX and appoint their governing Boards representative of  
California electricity users and providers.

8)  Requires California's publicly-owned electric utilities and  
investor-owned electric utilities to commit control of their  
transmission facilities to the ISO and to advocate to FERC an  
equitable return on capital investment. 
9)  Authorizes direct transactions between competing electricity  
suppliers and electricity customers no later than January 1, 1998,  
provided that transactions require the payment of CTCs and an  
equitable PUC developed phase-in schedule.

10) Allows any person to aggregate individual customers to make  
direct sales to them, but provides that the incumbent supplier  
remain until a customer initiates a change to a new supplier. 

This bill takes steps to improve SYSTEMS RELIABILITY to prevent  
major power failures.

1)  Directs the ISO to seek, and the PUC to support, authorization  
by FERC for the ISO to secure the rources to maintain reliability.  


2)  Requires both the ISO and the PUC to adopt standards for  
maintenance of the transmission facilities reliability.

3)  Requires, in the event of a power failure that affects more  
than 10 percent of a service area, that the ISO conduct a review  
of the outage and consider levying sanctions.

4)  Requires the ISO in consultation with the California Energy  
Commission (CEC), the PUC and Western states, to conduct a study  
of the interconnected transmission and report to the Legislature,  
recommending improvements to system reliability.

5)  Expresses Legislative intent to enter into a compact with  
Western Region states to develop enforceable standards of  
reliability.

This bill provides for the CONTINUATION OF PUBLIC PURPOSE  
PROGRAMS:

1)  Preserves programs such as energy efficiency and conservation,  
in-state renewable energy resources, development and low income  
energy assistance.

2)  Requires the PUC to administer energy efficiency and  








                                                          AB 1890
                                                         Page 5

conservation and public goods RD&D.

3)  Requires the CEC to recommend market-based mechanisms for  
renewable energy and administers part of RD&D funds. 

4)  Allows publicly-owned utilities to retain their authority over  
these programs.

5)  Unbundles, details the separate charges for continued funding  
of these programs on consumer bills.

6)  Continues subsidies for renewable energy producers (solar,  
wind, biomass, geothermal, except small hydro) which they received  
in a regulated market, but encourages buy-outs, buy-downs, and  
movement toward market prices.

7)  Requires the CEC to study market mechanisms and to recommends  
allocations of funds to renewable resources projects to encourage  
renewables to go close to market prices.

8)  Sunsets all programs, other than low-income programs, on  
December 31, 2001.

The bill creates NEW FORMS OF CONSUMER PROTECTION:

1)  Requires that electricity consumers be provided with  
information to compare electric services.

2)  Requires registration, not licensing, of sellers, marketers  
and aggregators to residential and small commercial customers.

3)  Defines information provided to consumers, provides for the  
investigation of complaints, creates "anti-slammning", "cooling  
off" protections, and private attorney general entitlements.

4)  Requires aggregators to use third party verification when  
signing up a customer to a new electric supplier which is the  
anti-slamming language used for telephone sales. 

5)  Assigns consumer protection to the PUC and sunsets these  
provisions on December 31, 2001.         
 
 The Senate amendments were inconsequential.  The Conference  
Committee product reflects the work of both houses in refining the  
Legislature's necessary role in guiding the PUC and the FERC in  
restructuring the electrical services industry.

 FISCAL EFFECT:  Unknown

 EXISTING LAW vests the PUC with regulatory authority over public  
utilities.

 AS PASSED BY THE ASSEMBLY, this bill required the PUC's decision  
to restructure the electrical services industry, and the orders  
implementing that decision, comply with specific criteria, such  








                                                          AB 1890
                                                         Page 6

as:  1) establishing a definite period for the transition to a  
competitive market; and 2) establishing a methodology for CTC  
determination and recovery.

 BACKGROUND:  Electricity is a $23 billion industry in California  
critical to the productivity, jobs and wealth of all Californians.  
 All are threatened by some of the highest rates in the nation.  
The Congress began the deregulation process in 1992, the PUC  
ordered it on December 20, 1995, an industry-utility coalition  
proposed improvements to PUC actions, and the FERC recently issued  
Order 888 to accelerate the process. Over the last several years  
the California Manufacturers Association and other large energy  
consumers have conducted an education program around the Capitol  
attempting to inform the Legislature about the high cost of  
electricity as a major negative to California businesses. In  
recent weeks a broad coalition of stakeholders presented detailed  
proposals to the California Legislature. This conference report is  
a result of all these prior efforts.  

Buying out the "stranded" uneconomic assets of IOUs and Munis has  
been subject to much controversy. The utilities claim that without  
restructuring, these costs would be $36 billion.  Under the PUC  
decision they would be $34 billion      with $0.9 billion  
distributed to residential and small commercial and $1.1 billion  
to large commercial and industrial.  Under this bill the  
distribution would be $29 billion, $3.2 billion, and $3.8 billion.  
 

 ARGUMENTS IN SUPPORT:  

The Conference Committee has passed an historic restructuring of  
the Electrical Industry in California with major benefits to  
almost all energy producers and consumers.  Without a rate freeze  
and phased-in rate reductions, consumers would be paying off those  
"stranded" costs for upwards of twenty years, instead of ten.

This bill uses funds in existing PUC approved utility expenditures  
and rates for electricity; guarantees an immediate 10 percent rate  
reduction to residents and small business and guarantees a second  
rate reduction of 10 
percent in five years, a total of 20 percent reduction in six  
years; provides an absolute rate cap during the transition period  
through December 31, 2001, when no electric rates will be  
increased; creates a market in which industrial users will receive  
unknown, but comparable cuts in their rates for electricity;  
protects the investments of shareholders, including institutional  
investors like pension funds, in the state's three investor-owned  
utilities; seeks to protect California jobs by giving a clear  
signal to Wall Street that our investor-owned utilities will  
remain viable entities, and thereby by discouraging hostile  
out-of-state take-over attempts; protects workers from  
displacements in a competitive market; protects consumers from  
"slamming" and other marketplace fraud; seeks the competitive  
commercialization of California produced alternative energy  
sources such as bio-mass, geothermal, wind, and solar; finances  








                                                          AB 1890
                                                         Page 7

the retraining or early retirement of displaced utility workers;  
and provides a competitive environment to lower energy costs to  
California industries to allow them to shop for the most  
competitive supplies of energy after a short transition period. 

The bill is widely supported by the utilities (IOU and Muni),  
large energy consumers, manufacturers, retailers, agriculture,  
independent energy producers, labor, and environmental groups. 

No organized group has expressed opposition.

 ARGUMENTS IN OPPOSITION:  None

 Analysis prepared by:  Roger Canfield / auc / (916) 445-4246



                                                                     FN  
029630