BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          SB 655 -  Padilla                                 Hearing Date:   
          April 21, 2009             S
          As Introduced: February 27, 2009        FISCAL           B
                                                                        
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                                      DESCRIPTION
           
           Current law  creates the Independent System Operator (ISO) as a  
          nonprofit, public benefit corporation.  To ensure the  
          reliability of electric service and the health and safety of the  
          public, the ISO is charged with managing the transmission grid  
          in a manner that is consistent with making the most efficient  
          use of energy resources; reducing overall economic cost to  
          customers, and applicable state law intended to protect the  
          public's health and the environment.  The ISO is also required  
          to consult and coordinate with appropriate state and local  
          agencies to ensure that it operates in furtherance of state  
          consumer and environmental protection laws.

           This bill  replaces the requirement that the grid be managed  
          consistent with applicable state law intended to protect the  
          public's health and the environment with the requirement that  
          the grid be managed consistent with supporting implementation  
          and compliance with California's Renewable Portfolio Standard  
          and greenhouse gas emission reduction laws.
           
                                      BACKGROUND
           
          The ISO was established when the electric market was deregulated  
          in 1996.  Control of the electric grid was transferred from the  
          investor-owned utilities (IOUs) to the ISO because of concerns  
          that the utilities would favor their own electric generation  
          facilities over those facilities owned by others.

          The ISO's self-articulated mission includes promoting  
          environmental stewardship.  The ISO's brochures note that it  
          reduces barriers for renewable energy to access the electric  











          grid and that it will help California achieve its 20% renewable  
          portfolio standard.

          The ISO performs several discrete functions.  They dispatch  
          electricity, perform a needs analysis on proposed transmission  
          lines, and conduct auctions for the purchase of electricity  
          needed to meet immediate and near-term needs.

                                       COMMENTS
           
              1.   Ensuring Reliability  - Under current law, the  
               overarching goal of the ISO is to ensure the reliability of  
               electric service and the health and safety of the public.   
               This bill, perhaps inadvertently, instead makes reliability  
               one of six operating criteria for the ISO.   The author and  
               committee may wish to consider  elevating reliability back  
               to the primary goal of the ISO by reinstating lines 1 and 2  
               on page 2 and deleting lines 5 and 6.

               This bill specifically articulates that the ISO must  
               operate consistent with "supporting and assisting in  
               implementation and compliance with" the RPS statutes and  
               the AB 32 greenhouse gas statutes.  The author intends that  
               the ISO give full weight to California's environmental laws  
               as it conducts its operations.

               The bill deletes the requirement that the ISO operate  
               consistent with applicable state public health and  
               environmental laws.  That requirement was probably  
               unnecessary as the applicable state laws are unchanged and  
               remain applicable.  

              2.   Ensuring Security  - Recent reports indicate that the  
               electric grid has been hacked.<1>  Investigators found that  
               the hackers left behind software that could later be  
               activated to disrupt grid operations.  Most alarmingly, the  
               hacking was apparently discovered not by the grid  
               operators, but by U.S. intelligence agencies.  There was no  
               indication whether California's grid was hacked, though  
               because of the interconnectedness of the entire western  
               grid that may not matter.  The ISOs governing statutes  
               discuss grid reliability but not grid security.   The author  
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          <1> Electric Grid in U.S. Penetrated by Spies  ; Wall Street  
          Journal, April 8, 2009.









               and committee may wish  to make ensuring grid security an  
               explicit duty of the ISO.  This could be accomplished by  
               adding grid security to the ISOs standards for transmission  
               facilities in Section 348.

                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          Union of Concerned Scientists

           Oppose:
           
          None on file

          





          Randy Chinn 
          SB 655 Analysis
          Hearing Date:  April 21, 2009