BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          
                               PURSUANT TO S.R. 29.10
                                          
          SB 1437 -  Kehoe                                       Hearing  
          Date:  August 20, 2010          S
          As Amended:         June 7, 2010                  Non-FISCAL      
            B

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                                      DESCRIPTION
           
           Existing law  establishes the California Independent System  
          operator (ISO) to ensure the efficient and reliable operation of  
          the transmission grid.  The ISO is a non-profit public benefit  
          corporation with a five-member board of directors appointed by  
          the Governor and confirmed by the Senate.  
           
           Existing law  requires the ISO to consult and coordinate with  
          appropriate state and local agencies to ensure the ISO operates  
          in furtherance of state law regarding consumer and environmental  
          protection.
           
           Existing law  requires the ISO to perform a review to address the  
          causes following a major outage that affects at least 10% of the  
          customers of the entity providing the local distribution  
          service.
           
           This bill  would require the ISO board of directors to annually  
          select a representative of to appear before the appropriate  
          policy committees of the Senate and Assembly to report on the  
          activities of the ISO during the previous year including:
                 a.       A summary of ISO actions taken to ensure  
                   reliability of service.
                 b.      A summary of ISO modifications of standards.
                 c.       The results of each ISO review concerning major  
                   outages.  

                                      BACKGROUND
           










          The ISO was created by AB 1890 (Brulte, 1996) in an attempt to  
          ensure fair access and open electrical transmission to  
          electricity providers. The investor-owned utilities (IOUs) own  
          and maintain the electrical transmission grid but it is operated  
          by the ISO.  Participation in the ISO is voluntary for local  
          publicly owned utilities. 
           
          In addition to operating the transmission grid, the ISO also  
          operates a "spot-market" and ancillary services market to  
          balance and maintain electricity supply and demand stability.   
          These balancing markets procure 3% to 5% of the electricity  
          scheduled through the ISO.
           
           Grid Stability  - Shortly after midnight on April 1, 2010,  
          approximately 300,000 homes and businesses in the San Diego area  
          lost power for 45 minutes.  The ISO performed an investigation  
          and found human error in their control room to be the cause.  A  
          review of ISO actions associated with this incident by the  
          Western Electricity Coordinating Council found the ISO's  
          internal investigation and subsequent remedies appropriate. The  
          ISO also briefed the appropriate state and federal regulatory  
          agencies.  
           
                                       COMMENTS
           
              1.   Author's Purpose  . According to the author, the purpose  
               SB 1437 is to provide transparency and public oversight of  
               the ISO.   The author cites recent events such as a power  
               outage in San Diego described above.  The author believes  
               that having the ISO come to the legislature and give a  
               public accounting on grid operations and reliability is  
               important not only for elected officials, but for the  
               overall effectiveness of the ISO and those served by the  
               ISO.  

              2.   Current Agency Practices  . The California Public  
               Utilities Commission and the Division of Ratepayer  
               Advocates are statutorily required to appear before the  
               Legislature annually. The California Energy Commission and  
               the ISO are not currently required to report to the  
               Legislature.  While existing law already requires the ISO  
               to perform a review and address the causes following major  
               outages, reviewing these incidents annually with relevant  
               committees within the Legislature would appear to be an  
               effective method of oversight with respect to grid  









               stability and outages. 

              3.   Gut & Amend  .  When the Senate passed SB 1437 on May 3rd,  
               2010 the bill required the CPUC to determine the direct  
               costs and benefits associated with the expected additional  
               load from plug-in hybrid and electric vehicles on the  
               electric grid.  The June 7th Assembly amendments deleted  
               that language and converted the bill into a measure to  
               require a representative of the ISO to annually appear  
               before the appropriate policy committees of the Senate and  
               Assembly. Because this topic was never heard in the Senate,  
               the Senate Rules Committee has referred the amended bill  
               under Senate Rule 29.10 to this committee for a hearing on  
               the Assembly's amendments.  At this hearing, the Committee  
               has four choices: 
           
                   1.      Send the bill back to the Senate Floor,  
                     recommending concurrence.
                   2.      Send the bill back to the Senate Floor,  
                     recommending nonconcurrence. 
                   3.      Send the bill back to the Senate Floor, without  
                     recommendation. 
                   4.      Hold the bill.

                                       POSITIONS
           
           Sponsor:
           Author

           Support:
           None on file

           Oppose:
           None on file

          Maurice Pitesky 
          SB 1437 Analysis
          Hearing Date:  August 20, 2010