BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2340
                                                                  Page  1

          Date of Hearing:   April 23, 2012

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Steven Bradford, Chair
                AB 2340 (Williams) - As Introduced:  February 24, 2012
           
          SUBJECT  :   Distribution grid: distributed generation.

          SUMMARY  :   Requires the California Public Utilities Commission 
          (PUC) to hold a formal proceeding, on or before July 1, 2013, to 
          develop rules for ratepayer reimbursement of distribution grid 
          upgrade costs to accommodate the interconnection of developers 
          of generating facilities. 

           EXISTING LAW  :

          1)States the PUC has regulatory authority over public utilities, 
            including electrical corporations, as defined.

          2)Requires the PUC to administer, until January 1, 2016, a 
            self-generation incentive program for distributed generation 
            resources to facilitate the integration of those resources 
            into the electrical grid, improve efficiency and reliability 
            of the distribution and transmission system, and reduce 
            emissions of greenhouse gases, peak demand, and ratepayer 
            costs.

          3)States requirements apply to projects that interconnect on the 
            side of the electrical meter that is controlled by a customer 
            of a utility and designed to provide electricity that is 
            generally consumed on site by the customer (known as PUC Rule 
            21). The PUC has oversight of Rule 21.

          4)Federal laws apply to projects that interconnect on the side 
            of the electrical meter that is controlled by the utility and 
            designed to provide electricity that will be purchased by the 
            utility for sale to a customer. There are two types of 
            possible interconnection rules, one for transmission level 
            interconnection and another for all others. The Generator 
            Interconnection Process applies to transmission 
            interconnection requests and is administered by the California 
            Independent System Operator (CAISO). Local electric utilities 
            administer the other, distribution level interconnection 
            request. It is known as the Wholesale Distribution Access 
            Tariff, (WDAT). Both GIP and WDAT are overseen by The Federal 








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            Energy Regulatory Commission (FERC.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   According to the author, "interconnection of 
          Wholesale Distributed Generation (WDG) facilities is a lengthy, 
          risky and expensive process. Currently, WDG developers are not 
          reimbursed for any costs necessary to interconnect WDG projects 
          to the distribution grid therefore shoulder all the upfront 
          costs and associated risks. Ultimately, these costs are paid for 
          by the ratepayers through the power purchase agreement (PPA) 
          only after the developer has installed a project. It follows 
          that since ratepayers cover these costs regardless of when a 
          project is completed, simply shifting the time at which these 
          costs are covered will remove a major disincentive to project 
          developers without adding new costs to the ratepayers.

           1)Background  : Distributed generation (DG) facilities that are 
            located close to where energy is consumed provide many 
            benefits to the grid, such as avoiding transmission costs and 
            line losses. WDG consists of DG facilities that interconnect 
            to the distribution grid and sell all of their output directly 
            to the utility.

            Interconnection rules and processes are designed to ensure 
            that generation facilities connect to the electricity grid in 
            a manner that does create safety or reliability problems for 
            customers who rely on the electricity from the grid.

            In light of successful deployment of customer-side renewable 
            energy projects, and lower costs of renewable technologies, 
            there is more opportunity to develop local generation that can 
            serve more than one customer at a time. This type of project 
            is commonly known as 'distributed generation.' The PUC has 
            implemented or is in the process of implementing programs to 
            encourage greater deployment of distributed generation (DG), 
            including the Reverse Auction Mechanism (RAM) and Feed in 
            Tariffs (FIT). The PUC has also approved photovoltaic DG 
            programs at both PG&E and SCE. These projects range in size 
            from 1 Megawatt (MW) to 20 MW. For the most part, they are 
            designed to interconnect through the WDAT procedure.

            Governor Brown has established a goal to install 12,000 
            megawatts of new localized energy resources to help meet 
            California's clean energy and economic development goals.  To 








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            achieve this, more investments into the distribution grid may 
            be warranted.

           2)WDG developers  : Currently, WDG developers are not reimbursed 
            for any costs necessary to interconnect WDG projects to the 
            distribution grid.  Conversely, developers of facilities 
            interconnected to the transmission grid are fully reimbursed 
            for transmission grid upgrade costs over a five-year period.  
            While transmission grid upgrade costs are shared by the state 
            ratepayers, distribution grid upgrade costs and the associated 
            risks are shouldered by the WDG developers.

           3)Reforms underway  :  Since August 2011, the PUC has led a reform 
            effort to redesign Rule 21 to accommodate today's volume of 
            exporting generating facilities applying for interconnection 
            to the distribution system. The reform is occurring within a 
            confidential settlement involving approximately 80 parties, 
            including IOUs, the California ISO, ratepayer advocates, 
            independent power producers, renewable energy advocates, best 
            practices organizations, and state and federal agencies. By 
            consensus of the settlement parties, the revised Rule 21 
            specifically retains the direct cost assignment for 
            distribution system upgrades, and cost-related issues are 
            recommended as within the scope of Phase 2.

            In addition, the PUC's energy storage proceeding is examining 
            ways that energy storage can reduce the impact of generating 
            facilities on the distribution system. A reduced impact will 
            reduce distribution system upgrade costs for the developer.

            Finally, the PUC's Resource Adequacy proceeding will begin 
            developing the rules for implementing a straw proposal of the 
            California Independent System Operator straw proposal to 
            provide Resource Adequacy Deliverability for Distributed 
            Generation. CAISO's proposal, which the PUC supports at a 
            staff level, will provide additional market signals about 
            efficient siting.

           4)Unintended consequences  :  This bill suggests ratepayers bear 
            the cost of distribution upgrades required for generator 
            interconnection. Shifting the upgrade costs from the generator 
            to the ratepayers could potentially increase rates by 
            requiring customers to pay for upgrades that may not be 
            economic. This could also remove an incentive for generators 
            to locate where network upgrades and energy generation 








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            optimally benefit the grid, and shift the risks of upgrades 
            for generation projects that never get built from developers 
            to utility customers.

           5)Suggested amendments  :  The author and this committee may wish 
            to amend the bill  to allow the PUC with the flexibility to 
            determine which distribution costs, if any, are appropriate 
            for rate-based support.

          6)Technical amendment  : The word "distributed" is used 
            incorrectly in the current version of the bill.  The author and 
            this committee may wish to amend the bill to replace the 
            reference of "wholesale distribution generation" with 
            "wholesale distributed generation.  "  

           
           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Absolutely Solar Inc. (ASI)
          American Biogas Council
          Clean Coalition (sponsor)
          Environmental Health Coalition
          Green-Collar Jobs Campaign of the Ella Baker Center for Human 
          Right
          Sierra Club California
          Solar Developers Council

           Opposition 
           
          PacifiCorp (unless amended)
          San Diego Gas & Electric (SDG&E) (unless amended)
          Sempra Energy utilities (SEu)
          Southern California Edison (SCE)
          The Utility Reform Network (TURN) (unless amended)


           Analysis Prepared by  :    DaVina Flemings / U. & C. / (916) 
          319-2083