BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 42
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 42 (Blakeslee)
          As Amended  June 23, 2009
          Majority vote
           
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          |ASSEMBLY:  |75-0 |(June 3, 2009)  |SENATE: |39-0 |(August 24,    |
          |           |     |                |        |     |2009)          |
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           Original Committee Reference:   U. & C.  

           SUMMARY  :  Requires Pacific Gas and Electric Company (PG&E) 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.   
          Specifically,  this bill  :  

          1)Requires PG&E to, in furtherance of the specific  
            recommendations made by the California Energy Commission  
            (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.

          6)Requires the California Public Utilities Commission (PUC) to  
            expedite issuance of its decision approving the recovery of  








                                                                  AB 42
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            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.

           The Senate amendments  are minor and technical in nature.

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version passed by the Senate.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee: 

          1)CEC will incur one-time special fund costs for contracts of  
            $50,000 for the peer review.

          2)Minor absorbable costs to PUC.

           COMMENTS  :  The state's two operating nuclear plants, PG&E-owned  
          Diablo Canyon and Southern California Edison-owned (SCE) San  
          Onofre Nuclear Generating Station (SONGS), account for 12% of  
          the 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 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.

          On November 21, 2008, PG&E announced that it had discovered an  
          additional earthquake fault several miles offshore from their  
          Diablo Canyon nuclear powerplant.  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  








                                                                  AB 42
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          state's energy supply and greatly increase costs to ratepayers.   
          When an earthquake struck in Japan two years ago, the resultant  
          damage to a Japanese nuclear power plant dislodged and released  
          radioactive waste and shut down the facility at a cost of  
          hundreds of millions of dollars per month.

          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 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 powerplants'  
          operating license for the following 20 years.


           Analysis Prepared by  :    Gina Adams / U. & C. / (916) 319-2083 


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