BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1437|
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                                      VETO


          Bill No:  SB 1437
          Author:   Kehoe (D)
          Amended:  6/7/10
          Vote:     21

           
           SENATE FLOOR  :  Not relevant
           
          SENATE ENERGY, U.&C. COMMITTEE  :  9-0, 8/20/10
          AYES:  Padilla, Dutton, Corbett, DeSaulnier, Emmerson,  
            Kehoe, Lowenthal, Strickland, Wright
          NO VOTE RECORDED:  Florez, Simitian
           
          ASSEMBLY FLOOR :  74-0, 8/18/10 - See last page for vote

           SENATE FLOOR  :  34-0, 8/26/10 (Consent)
          AYES:  Aanestad, Alquist, Ashburn, Blakeslee, Calderon,  
            Cedillo, Cogdill, Corbett, Correa, DeSaulnier, Ducheny,  
            Dutton, Emmerson, Hancock, Harman, Hollingsworth, Huff,  
            Kehoe, Leno, Liu, Lowenthal, Negrete McLeod, Padilla,  
            Pavley, Price, Romero, Runner, Simitian, Steinberg,  
            Walters, Wolk, Wright, Wyland, Yee
          NO VOTE RECORDED:  Denham, Florez, Oropeza, Strickland,  
            Wiggins, Vacancy


           SUBJECT  :    Independent System Operator:  activities report

           SOURCE  :     Author


           DIGEST  :     Assembly Amendments  delete the Senate version  
          relating to electricity vehicles.
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                                                               SB 1437
                                                                Page  
          2


          This bill now requires a representative of the California  
          Independent System Operator to annually appear before the  
          appropriate policy committees of the Senate and Assembly.

           ANALYSIS  :    Existing law establishes the California  
          Independent System Operator (CAISO) as a nonprofit, public  
          benefit corporation to ensure the efficient use and  
          reliable operation of the transmission grid, and mandates  
          CAISO is overseen by a five-member Board of Governors who  
          are appointed by the Governor and confirmed by the state  
          Senate.

          This bill:

          1. Requires the independent governing board of directors to  
             annually select a representative of CAISO to appear  
             before the appropriate policy committees of the Senate  
             and Assembly to report on the activities of CAISO. 

          2. Requires the representative of CAISO to annually report  
             on the following: 

             A.    A summary of actions undertaken by CAISO to  
                ensure reliability of electric service and the  
                health and safety of the public by managing the  
                transmission system and related energy markets.

             B.    A summary of those actions undertaken by CAISO  
                relative to the adoption or modification of  
                performance or prescriptive standards for  
                transmission equipment or facility.

             C.    The results of each review of major outage  
                undertaken by CAISO.

           Comments
           
          CAISO was created in the bill that deregulated the  
          wholesale and retail electricity markets, (AB 1890 [Brulte]  
          Chapter 854, Statutes of 1996), to ensure fair and open  
          transmission access by all electricity providers.  (The  
          investor-owned utilities still own and maintain the grid,  
          however, operation of the grid was transferred to CAISO.)  

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                                                               SB 1437
                                                                Page  
          3

          CAISO is required to operate the grid consistent with  
          Western Electricity Coordinating Council (WECC), which is  
          the western regional subgroup of the North American  
          Electric Reliability Corporation (NERC).  NERC is the  
          federally designated Electric Reliability Organization.  
          CAISO is governed by tariffs submitted to and approved by  
          the Federal Energy Regulatory Commission. 

          CAISO plays an important role in implementing California's  
          landmark policies.  AB 32 (Nunez) Chapter 488, Statutes of  
          2006, requires the California Air Resources Board (ARB) to  
          adopt a statewide greenhouse gas emissions limit equivalent  
          to the statewide greenhouse gas emissions levels in 1990 to  
          be achieved by 2020. In 2008, ARB began to develop a plan  
          for how California, including the power sector, would  
          reduce emissions through direct regulation, such as end-use  
          energy efficiency standards and renewables portfolio  
          standards, and through a cap-and-trade system. 

          Shortly after midnight on April 1, 2010, about 300,000  
          homes and businesses in the San Diego area lost power for  
          about 45 minutes.  The CAISO performed an investigation, it  
          found that control room personnel made an error. CAISO has  
          taken personnel measures and steps to prevent a repeat,  
          including additional training and audible alarms that tell  
          grid operators when an area is getting close to not having  
          enough power to operate.  CAISO investigation was reviewed  
          by WECC.  WECC found the investigation and subsequent  
          remedies appropriate and no further actions were requested.  


          The author and the Utility Consumers' Action Network (UCAN)  
          are concerned that CAISO investigation is lacking and  
          believe that the public has a right to know exactly what  
          happened and what steps have been taken since the outage to  
          protect California from future outages.  In a letter to  
          UCAN dated April 27, 2010, CAISO states that it is  
          cooperating fully with WECC's review of the event, and is  
          fully briefing state and federal regulatory agencies. Upon  
          the completion of CAISO's review, a public report will be  
          issued.

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

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                                                               SB 1437
                                                                Page  
          4



           GOVERNOR'S VETO MESSAGE  :  
           
             "I am returning Senate Bill 1437 without my  
             signature. 

             This bill requires a representative from the  
             California Independent System Operator (ISO) to  
             appear before the appropriate policy committee of the  
             Senate and Assembly to report on the previous year's  
             ISO activities. 

             Similar to SB 1467 (Padilla), this bill is  
             unnecessary.  Having dealt with the ISO throughout  
             the duration of my Administration, I have always  
             found them to be accessible and accommodating.   
             Whenever I have called and asked to meet, they have  
             responded quickly.  I am certain they would do the  
             same for the Legislature. 

             Additionally, as an independent not-for-profit entity  
             established under the rules of the Federal Energy  
             Regulatory Commission, it is questionable whether  
             state law can compel them to appear before the  
             Legislature anyway. 

             For these reasons, I am unable to sign this bill."


           ASSEMBLY FLOOR  : 
          AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill  
            Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,  
            Brownley, Buchanan, Caballero, Carter, Chesbro, Conway,  
            Cook, Coto, Davis, De La Torre, De Leon, DeVore, Eng,  
            Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,  
            Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,  
            Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,  
            Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza, Miller,  
            Monning, Nava, Nestande, Niello, Nielsen, Norby, V.  
            Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Tran, Villines, Yamada, John  
            A. Perez

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                                                               SB 1437
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          5

          NO VOTE RECORDED: Blakeslee, Charles Calderon, Evans,  
            Knight, Logue, Vacancy


          DLW:do  10/5/10   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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