BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                    AB 42|
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                                 THIRD READING


          Bill No:  AB 42
          Author:   Blakeslee (R)
          Amended:  6/23/09 in Senate
          Vote:     21

           
           SENATE ENERGY, U.&C. COMMITTEE  :  11-0, 7/7/09
          AYES:  Padilla, Benoit, Calderon, Corbett, Cox, Kehoe,  
            Lowenthal, Simitian, Strickland, Wiggins, Wright
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  75-0, 6/3/09 - See last page for vote


           SUBJECT  :    Electricity:  Pacific Gas and Electric Company:  
           seismic 
                      safety

           SOURCE  :     Author


           DIGEST  :    This bill requires Pacific Gas and Electric  
          Company to conduct seismic fault studies or surveys in  
          areas at or near the Diablo Canyon Nuclear Power Plant in  
          order to maintain reliable operation of the electrical grid  
          and mitigate impacts to customer rates that could result  
          from a seismic event.

           ANALYSIS  :    The state's two operating nuclear plants,  
          Pacific Gas and Electric (PG&E)-owned Diablo Canyon and  
          Southern California Edison-owned San Onofre Nuclear  
          Generating Station (SONGS), account for 12 percent of the  
                                                           CONTINUED





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          state's electricity supply.  Each plant faces uncertain  
          amount of damages due to earthquakes erupting directly  
          below the plants, or ground motion resulting from a nearby  
          earthquake rupture. 

          AB 1632 (Blakeslee), Chapter 722, Statutes of 2006,  
          directed the California Energy Commission (CEC) to  
          determine the potential vulnerability of the state's  
          largest generating plants due to aging or a major seismic  
          event, assess the impacts that such a disruption would have  
          on system reliability, public safety, and the economy, and  
          evaluate other major issues related to the future role of  
          these plants in the state's energy portfolio in order to be  
          ready should a disruption occur.  CEC recommended that a  
          high quality three-dimensional geophysical seismic  
          reflection mapping should be conducted. 

          This bill: 

          1. Requires PG&E to, in furtherance of the specific  
             recommendations made by CEC, to conduct seismic fault  
             studies or surveys, including three-dimensional  
             geophysical seismic reflection mapping, in areas at or  
             near the Diablo Canyon Nuclear Power Plant. 

          2. Provides the reason for the study is to maintain  
             reliable operation of the electrical grid and mitigate  
             impacts to customer rates that could result from a  
             seismic event. 

          3. Authorizes CEC, in consultation with the California  
             Geologic Survey and the Seismic Safety Commission, to  
             participate in development of the study or survey  
             designs, and requires CEC, in conjunction with those  
             other entities, to conduct or facilitate a peer review  
             of the studies or surveys with 120 days of receipt from  
             PG&E. 

          4. Requires CEC to include the study or survey findings and  
             recommendations in its integrated energy policy report. 

          5. Requires PG&E to be responsible for funding all costs  
             associated with a peer review of any studies or surveys  
             conducted pursuant to 1) above. 







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          6. Requires the Public Utilities Commission (PUC) to  
             expedite issuance of its decision approving the recovery  
             of costs so that the decision is made within 120 days of  
             filing the application, and requires PUC to allow PG&E  
             to fully recover in rates all reasonable costs  
             associated with the studies or surveys and peer review. 

           Comments  

          On November 21, 2008, PG&E announced that it had discovered  
          an additional earthquake fault several miles offshore from  
          their Diablo Canyon Nuclear Power Plant.  Another known  
          fault resides just about a half a mile offshore from Diablo  
          Canyon.  The discovery of the second fault raises new  
          questions about the seismic risks of Diablo Canyon, in  
          particular the plant's vulnerability to a major disruption  
          in electricity generation due to an earthquake, which could  
          impact the reliability of the state's energy supply and  
          greatly increase costs to ratepayers. 

          PG&E believes the three-dimensional geophysical seismic  
          reflection mapping is not necessary given the  
          two-dimensional mapping it is currently doing.  This bill  
          does not compel PG&E to do such mapping, but instead  
          requires PG&E to conduct those studies or surveys necessary  
          to maintain reliable operation of the electrical grid and  
          mitigate impacts to customer rates that could result from a  
          seismic event. 

          The Seismic Vulnerability Advisory Team, comprised of  
          experts from CEC, California Geologic Survey, and Seismic  
          Safety Commission, provided technical review and input  
          during the development of the AB 1632 report. This bill  
          permits those parties to participate in the development of  
          the study and conduct or facilitate a peer review of the  
          study or survey. 

          Diablo Canyon and SONGS have been operating for roughly  
          half of their 40-year initial license periods.  PG&E sought  
          $16.8 million in ratepayer funds (which included $5 million  
          for legal and technical staff to counter public  
          intervention against extending the operating license) to  
          explore the feasibility of extending its licenses for  







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          another 20 years until the early to mid-2040s. (Diablo  
          Canyon's operating licenses expire in 2024 and 2025, while  
          SONGS operating licenses expire in 2022).  This bill  
          requires PG&E to seek funding for the studies or surveys in  
          its application to the PUC to extend the Nuclear Power  
          Plants' operating license for the following 20 years. 

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

           SUPPORT  :   (Verified  7/22/09)

          Alliance for Nuclear Responsibility
          California Church IMPACT
          California League of Conservation Voters
          City of Morro Bay
          Clean Power Campaign
          County of San Luis Obispo
          Environment California
          Sierra Club California
          Santa Barbara County Board of Supervisors


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Blumenfield,  
            Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,  
            Coto, Davis, De La Torre, De Leon, DeVore, Duvall, Eng,  
            Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani,  
            Gaines, Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal,  
            Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, John A. Perez, V. Manuel Perez, Portantino,  
            Price, Ruskin, Salas, Saldana, Silva, Skinner, Smyth,  
            Solorio, Audra Strickland, Swanson, Torlakson, Torres,  
            Torrico, Tran, Villines, Bass
          NO VOTE RECORDED:  Block, Charles Calderon, Cook, Emmerson,  
            Yamada


          DLW:mw  7/24/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE







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