BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1891
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          Date of Hearing:  April 23, 2012

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                 AB 1891 (Wagner) - As Introduced:  February 22, 2012
           
          SUBJECT  :  Energy:  nuclear energy:  study

           SUMMARY  :  Requires the California Energy Commission (CEC) to 
          prepare a report on how electric utilities can meet consumer 
          demand for electricity consistent with applicable greenhouse gas 
          (GHG) emission standards, including recommendations on the role 
          nuclear energy may serve in meeting those GHG emission 
          standards.

           EXISTING LAW  :

          1)Requires the CEC to assess electricity infrastructure trends 
            and issues facing California and develop and recommend energy 
            policies for the state to address and resolve such issues as 
            part of its biennial Integrated Energy Policy Report (IEPR).

          2)Requires the Air Resources Board (ARB) to adopt a statewide 
            GHG emissions limit equivalent to 1990 levels by 2020 and 
            adopt regulations to achieve maximum technologically feasible 
            and cost-effective GHG emission reductions.

          3)Requires the CEC and the Public Utilities Commission to 
            establish and enforce GHG emission performance standards for 
            power plants, and prohibits electric utilities from entering 
            long-term financial commitments with power plants that do not 
            meet the emission performance standards.

          4)Grants the CEC exclusive authority to certify thermal power 
            plants 50 megawatts and larger and prohibits any new nuclear 
            fission power plant until the CEC has determined that 
            technologies exist for the reprocessing of nuclear fuel rods 
            and the disposal of high-level nuclear waste.

          FISCAL EFFECT  :  Unknown

           COMMENTS  :

           1)Climate change and nuclear energy.   The terms "global warming" 
            and "global climate change" refer to the rise in the average 








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            temperature of the earth's climate due to an accumulation of 
            "greenhouse gases" in the atmosphere.  Greenhouse gases 
            include carbon dioxide (CO2), methane, nitrous oxide, 
            hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride.

            California has seen a modest increase in greenhouse gas 
            emissions over the last decade. This increase is the 
            consequence of several divergent forces within California, 
            some leading to increases in greenhouse gas emissions, and 
            others negating those increases.

            Several key California industries emit only moderate amounts 
            of carbon dioxide.  With a relatively temperate climate, 
            California uses relatively less heating and cooling energy 
            than other states.  As a leader in implementing aggressive 
            efficiency and environmental programs, California has been 
            able to reduce CO2 emission rates in all sectors, as well as 
            reducing energy demand and air pollution emissions.  However, 
            California leads the nation in vehicle miles traveled.  As a 
            result, CO2 emissions from the transportation sector 
            relatively high.

            California uses fossil fuels differently than the United 
            States as a whole.  Compared to most other states, California 
            uses less fossil energy to generate electricity.  This lower 
            reliance on fossil fuels is due to the availability of 
            hydroelectric and nuclear power, and the continuing and 
            growing use of renewable energy.  The predominant fossil fuel 
            for electricity generation in California is natural gas, which 
            emits relatively less greenhouse gases than oil or coal, the 
            predominant fuel in many other parts of the country.  As a 
            fraction of its total fossil fuel use, California uses more 
            fossil fuels (primarily gasoline) in the transportation 
            sector. 

            Although it would curb growth in CO2 emissions compared to 
            natural gas, additional nuclear generation has not figured 
            into California's plans to reduce GHG emissions.  In 1976, the 
            Legislature enacted a moratorium on new nuclear fission power 
            plants until the CEC determined that technologies exist for 
            the reprocessing of nuclear fuel rods and the disposal of 
            high-level nuclear waste.

           2)Status of nuclear power in California.   Of the four nuclear 
            power plants developed in California by electric utilities, 








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            two continue to operate.  The two in operation, PG&E's Diablo 
            Canyon plant and the San Onofre Nuclear Generating Station 
            (SONGS) jointly owned by Southern California Edison and San 
            Diego Gas and Electric, supply a total of over 4000 megawatts 
            of electricity, about 8% of statewide peak electricity demand. 
             SONGS is currently off-line due to safety concerns related to 
            worn and leaking steam generator tubes.  
             
            The other two, PG&E's Humboldt Bay plant and SMUD's Rancho 
            Seco plant, have been decommissioned (shut down).  Developed 
            in the early 1960's, Humboldt Bay was shut down in 1976 for 
            refueling and never restarted due to seismic and cost issues.  
            Developed in the early 1970's, Rancho Seco was shut down in 
            1989 in response to voter referendum.  Like Diablo and SONGS, 
            the high-level waste from the decommissioned plants' operation 
            is still stored on site.

           3)Status of high-level nuclear waste disposal solution.   
            According to the CEC, the federal government is responsible 
            for providing for the permanent disposal of high-level 
            radioactive waste and spent nuclear fuel and was required to 
            begin accepting spent nuclear fuel from nuclear power plants 
            by January 31, 1998.  However, although Congress selected the 
            Yucca Mountain site in Nevada for a permanent deep geologic 
            repository for the disposal of spent nuclear fuel, the federal 
            waste disposal program has been plagued with technical and 
            legal challenges, managerial problems, licensing delays, 
            persistent weaknesses in quality assurance for the program, 
            and increasing costs.  

            The CEC's 2005 Integrated Energy Policy Report (IEPR) 
            reaffirmed the CEC's findings made in 1978 that a high-level 
            waste disposal technology has been neither demonstrated nor 
            approved.  The CEC also found that reprocessing (the 
            separation of spent fuel into high-level wastes and reusable 
            fuel) remains substantially more expensive than waste storage 
            and disposal and has substantial adverse implications for the 
            U.S. effort to halt the proliferation of nuclear weapons.

            The 2005 IEPR concluded that, given the high-level of 
            uncertainty surrounding the federal waste disposal program, 
            California's utilities will likely be forced to indefinitely 
            retain spent fuel in storage facilities at currently operating 
            nuclear plant sites.  The report recommended that the state 
            should evaluate the long-term implications of the continuing 








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            accumulation of spent fuel at California's operating plants, 
            including a case-by-case evaluation of public safety and 
            ratepayer costs.

            The federal waste disposal program is paid for by the nuclear 
            electricity generators and waste owners.  Under the provisions 
            of the federal Nuclear Waste Policy Act of 1982, as amended in 
            1987, utilities pay regular fees to the Nuclear Waste Fund to 
            pay for siting, construction and operating a federal waste 
            repository.  Utilities have paid over $28.9 billion into this 
            Nuclear Waste Fund, of which California ratepayers have paid 
            over $1.3 billion.  The 2005 IEPR recommended that some 
            portion of these funds paid by California ratepayers be 
            returned to the state to defray the cost of long-term onsite 
            spent fuel storage resulting from the lack of a permanent 
            disposal solution.   

           4)Purpose of this bill  .  According to the author:

               The bill is attempting to answer any questions the state 
               might have about how electric utilities can meet the 
               consumer demand for electricity consistent with (GHG) 
               emission standards.  It also requires the (CEC) to consider 
               and make recommendations on the role nuclear energy may 
               serve in meeting these standards.  This is among the first 
               of administrative avenues to be used in addressing the 
               state's clean energy and electricity issues.  Currently, a 
               majority of electrical power comes from sources other than 
               nuclear energy.  This would create an opportunity to better 
               utilize nuclear energy in meeting (GHG) emission standards.

            No other background or support has been offered to 
            substantiate the need for this bill.  As part of the IEPR, the 
            CEC has on multiple occasions examined the impact of 
            electricity production on GHG emissions, the impact of climate 
            change on the energy system, and the future role of nuclear 
            energy.  The next example of regular CEC activity in this area 
            is an April 30 IEPR workshop to explore the impacts of climate 
            change on the California energy system.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file








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           Opposition 
           
          Alliance for Nuclear Responsibility

           
          Analysis Prepared by  :  Lawrence Lingbloom / NAT. RES. / (916) 
          319-2092