BILL ANALYSIS                                                                                                                                                                                                    �          1





                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                                 ALEX PADILLA, CHAIR
          

          AB 2363 -  Dahle                                  Hearing Date:   
          June 23, 2014              A
          As Amended:         June 16, 2014            FISCAL       B

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                                      DESCRIPTION
           
           Current law  establishes procurement requirements that electrical  
          corporations and public utilities must meet in order to attain a  
          target of 33% renewable generation in their electricity supply  
          portfolios by 2020. It further requires that electrical  
          corporations procure eligible resources based on a "least-cost,  
          best-fit" (LCBF) methodology, rather than directing procurement  
          of specific energy resource types. (Public Utilities Code �  
          399.11 et seq.)

           Current law  requires each electrical corporation to annually  
          prepare a renewable energy procurement plan and directs the  
          California Public Utilities Commission (CPUC) to review and  
          approve those plans. (Public Utilities Code � 399.13)

           Current law  requires electrical corporations (investor-owned  
          utilities, IOUs) to file, and the CPUC to review and approve,  
          long-term procurement plans to ensure that the IOUs have  
          sufficient and diverse short- and long-term electricity and  
          demand reduction resources that are cost-effective, reliable,  
          and feasible to serve its customers. The plans must show that  
          the IOUs will achieve Renewables Portfolio Standard (RPS)  
          requirements and first meet unmet resource needs with energy  
          efficiency and demand response resources that are cost  
          effective, reliable, and feasible. This is called long-term  
          procurement planning (LTPP).  (Public Utilities Code � 454.5)

           This bill  would direct the CPUC to adopt estimates of ongoing  
          expenses resulting from integrating and operating eligible  
          renewable energy resources, i.e., "integration costs,"  











          including, but not limited to, any wholesale energy and capacity  
          costs associated with integrating each eligible renewable  
          resource. It would also require the CPUC to approve, no later  
          than October 1, 2015 a methodology for determining integration  
          costs and require the CPUC to direct electrical corporations to  
          include integration costs in their LTPP and renewable energy  
          procurement plan.

                                      BACKGROUND
           
          CPUC Procurement Requirements - California's RPS mandates that  
          electrical corporations and locally owned public utilities must  
          meet or exceed a target of 33% renewable generation in their  
          electricity supply portfolios by 2020. 

          The CPUC reviews and approves electricity procurement plans and  
          power purchase agreements that are proposed by IOUs. IOUs are  
          supposed to procure energy resources that are the LCBF  
          alternatives.  
          Definitions - Solar and wind are characterized as "intermittent"  
          renewable energy resources because they require additional  
          electric resources to be available to meet demand when the sun  
          doesn't shine or the wind doesn't blow. The costs of providing  
          power during calm and dark periods of the day are referred to as  
          "integration" costs and are a necessary element of integrating  
          intermittent resources into the grid. Other renewable energy  
          resources, such as geothermal and bioenergy, are classified as  
          "baseload" resources because they are able to operate 24/7,  
          regardless of the weather, and do not impose ramping challenges,  
          like solar and wind. Baseload facilities may have lower  
          integration costs than intermittent resources. 

          Long Term Procurement Planning (LTPP) - The LTPP proceeding  
          develops assumptions and forecasts of resource availability and  
          determines if the existing planned mix of resources is  
          sufficient to meet future needs. The CPUC has designed the LTPP  
          proceeding to occur every two years and look at least ten years  
          ahead. The LTPP proceeding has three main functions: to  
          determine if a sufficient amount of resources will be available  
          in the future to meet reliability needs over the long-term; if  
          insufficient resources are available, to authorize the  
          procurement of new resources to meet the identified needs; and  
          to examine, revise, and authorize the rules that the three  
          largest electrical corporations - Pacific Gas & Electric (PG&E),  










          Southern California Edison (SCE) and San Diego Gas & Electric  
          (SDG&E) - must follow when procuring electric resources for  
          bundled customers. 

          The Duck Chart - The absence of integration costs may be a  
          contributor to the Duck Chart, a graphic released in 2013 by the  
          California Independent System Operator (CAISO). Essentially, the  
          chart demonstrates that as California adds intermittent sources  
          of renewable energy (i.e., wind and solar), the state will need  
          additional resources to supply electricity when the sun and the  
          wind don't. 

          The Duck Chart also warns that California may experience  
          challenges with grid reliability due to a convergence of  
          policies, including:

                     Closure of at least some of the coastally-located  
                 gas power plants;
                     Closure of the San Onofre Nuclear Generation Station  
                 (SONGS);
                     Lack of transmission flexibility into regions of San  
                 Diego and southern Orange County;
                     Updated hourly demand forecasts; and
                     Performance characteristics of forecasted wind and  
                 solar procurement facilities.
                
           Because wind and solar facilities can produce large upward and  
          downward ramps of output without predictability or advance  
          warning, the Duck Chart demonstrates that if current procurement  
          trends continue, there may be added cost burdens and reliability  
          challenges needed to maintain compliance with federal  
          reliability standards. 

          Possible remedies include preferred resources such as demand  
          response and storage and paying (1) renewable generators to  
          curtail generation; (2) natural gas generators to stand by to  
          respond to large ramps; or (3) other states to take excess  
          generation. These scenarios may occur if nothing is done to  
          reduce the size of the ramps, such as, but not limited to,  
          building more natural gas plants, modifying renewable  
          procurement practices within the renewable portfolio, or  
          increasing the size and effectiveness of energy efficiency and  
          demand response programs.
          Renewable technologies such as geothermal and biopower have  










          different characteristics and can provide power output  
          consistently over a 24 hour period without ramping up and down.  
          These energy sources may be part of possible policies to address  
          the issues raised by the Duck Chart. 

          Cost Comparisons - According to the February 2014 report to the  
          Legislature on RPS costs<1>, the 2013 weighted average  
          time-of-delivery-adjusted contract price was, in cents/kWh:

                     7.5 for all contracts, on average, including  
                 renewable energy credit only transactions;
                     10.39 - 15.18 for solar PV and solar thermal  
                 projects;
                     6.10 - 9.77 for wind projects;
                     6.75 - 7.19 for geothermal projects; and
                     5.94 - 7.93 for biogas projects.

          CPUC Consideration of Integration Costs - In 2004, the CPUC  
          recognized that integration costs for intermittent renewables  
          should be considered to inform and improve procurement  
          decisions. At that time, considering limited penetration of  
          renewables and expecting the addition of reasonable amounts of  
          new renewables, the CPUC approved<2> integration "costs" of zero  
          - meaning that the costs of integrating any intermittent  
          renewable resources were nil. The CPUC has since re-evaluated  
          integration costs (in 2008, 2011, 2012, and 2013) and found<3>  
          that no evidence had been presented to determine that they are  
          different than negligible, as originally determined.

          In the CPUC's RPS proceeding, stakeholders were given the  
          opportunity to provide input on the definition, scope, and form  
          of estimating integration costs as well as potential interim  
          options, until a general methodology is adopted. PG&E submitted  
          comments suggesting the need to account for renewable  
          integration costs. The Center for Energy Efficiency and  
          Renewable Technology, California Wind Energy Association, and  
          SCE filed comments asking that a process and timeline for the  
          ---------------------------
          <1> PUC. Padilla Report to Legislature. February 2014.  
           http://www.cpuc.ca.gov/NR/rdonlyres/775640F8-38D7-4895-9252-7E172 
          61776FE/0/PadillaReport2014FINAL.pdf  
          <2> PUC Decision 04-07-029.   
           http://docs.cpuc.ca.gov/word_pdf/FINAL_DECISION/38287.pdf  
          <3> D.08-02-008, D.11-06-018, D.12-11-16, D.13-11-024. 










          development of renewable integration costs be established. The  
          CPUC decided in 2012 that integration costs would remain set at  
          zero until more information and a public review had occurred.<4>  
          The CPUC invited comments on integration costs in a separate  
          LTPP proceeding, R.12-03-014. This proceeding started in March  
          2012 and is still underway.

          This means that IOUs are required to use an integration cost of  
          'zero' in their LCBF analyses. As a result, all renewable  
          resources (intermittent and baseload) are treated as having no  
          integration costs, even though it is generally accepted that  
          different technologies have different costs. 
                                           
                                      COMMENTS

             1.   Author's Statement  . "According to the California Energy  
               Commission, following the passage and implementation of SB  
               2x, the utilities' portfolios became less diverse, not  
               more. The procurement of wind, solar thermal, and solar PV  
               have gone up dramatically while the procurement of  
               geothermal and biomass has declined significantly. The  
               absence of integration costs is one reason for this drop  
               because it prevents an apples-to-apples cost comparison  
               among different renewable resources.  California's  
               renewable portfolio needs to be balanced and diversified.  
               Diversity promotes reliability by balancing intermittent  
               resources, like wind and solar, with baseload renewable  
               resources, such as geothermal and biomass. AB 2363 is  
               intended to correct this imbalance and avoid unnecessary  
               integration costs burdening ratepayers."

              2.   A Uniform Standard that Doesn't Create Uniformity  . Due  
               to the RPS and the increasingly competitive prices for  
               renewable generation, renewable technologies are providing  
               much larger amounts of electricity for California. However,  
               this increased supply is not always contracted for in equal  
               amounts.  

               The IOUs' most recent (August 1, 2013) quarterly compliance  
               reports (see table for percentages of contracted MWh, by  
               technology) show that recent renewable procurement is  
               -------------------------
          <4> PUC Decision 12-11-016.  
           http://docs.cpuc.ca.gov/PublishedDocs/Published/G000/M033/K783/33 
          783021.PDF  









               weighted toward intermittent resources. With forecasts  
               extended to 2020, the data for all three IOUs generally  
               shift from geothermal and biopower and toward solar PV and  
               wind. Data from SDG&E show the most dramatic trend: from  
               2011 to 2020, solar PV increases from 0.1% to 51.9% while  
               geothermal decreases from 23.2% to 0%. Trends for the other  
               two IOUs are similar, albeit less dramatic. 
           
           
                ------------------------------------------------------------ 
               |      RPS Procurement Compliance as of August 1, 2013       |
                ------------------------------------------------------------ 
                ------------------------------------------------------------ 
               |          |      PG&E      |     SDG&E      |      SCE      |
                ------------------------------------------------------------ 
               |---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
               |Energy   |  2011   |  2012   |  2020   |  2011   |  2012   |  2020   |  2011   |  2012   |  2020   |
               |source   |         |         |         |         |         |         |         |         |         |
               |---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
               |Biopower |  24.4%  |  23.9%  |  11.1%  |  16.8%  |  25.0%  |  2.8%   |  5.5%   |  4.1%   |  0.5%   |
               |---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
               |Geotherma|  25.0%  |  26.0%  |  10.2%  |  23.2%  |  28.1%  |  0.0%   |  46.8%  |  43.4%  |  20.0%  |
               |l        |         |         |         |         |         |         |         |         |         |
               |---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
               |Small    |  18.2%  |  12.4%  |  9.2%   |  0.0%   |  0.0%   |  0.3%   |  5.1%   |  3.2%   |  3.3%   |
               |Hydro    |         |         |         |         |         |         |         |         |         |
               |---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
               |Conduit  |  0.0%   |  0.0%   |  0.0%   |  0.5%   |  0.6%   |  0.1%   |  0.8%   |  1.0%   |  0.5%   |
               |Hydro    |         |         |         |         |         |         |         |         |         |
               |---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
               |Solar PV |  1.4%   |  8.0%   |  33.4%  |  0.1%   |  0.1%   |  51.9%  |  0.7%   |  1.1%   |  33.1%  |
               |         |         |         |         |         |         |         |         |         |         |
                --------------------------------------------------------------------------------------------------- 
               |Solar    |  0.0%   |  0.0%   |  14.4%  |  0.0%   |  0.0%   |  0.0%   |  5.7%   |  5.8%   |  3.2%   |
               |Thermal  |         |         |         |         |         |         |         |         |         |
               |---------+---------+---------+---------+---------+---------+---------+---------+---------+---------|
               |Wind     |  31.0%  |  29.7%  |  21.8%  |  59.4%  |  46.2%  |  44.9%  |  35.4%  |  41.5%  |39.5%    |
                --------------------------------------------------------------------------------------------------- 

               By setting the same value-zero-for the integration costs of  
               fundamentally different renewable energy resources, the  
               CPUC has not, in fact, 'leveled the playing field'. And so  
               it is impossible to perform an "apples to apples" cost  
               comparison between different renewable resources.  










               Intermittent resources appear cheaper - and therefore win  
               more contracts - because costs associated with their  
               procurement are not included in the price. LCBF becomes,  
               effectively, LC.

              3.   Is There a Tradeoff: Capacity vs. Energy  . Capacity is  
               the maximum electric output a generator can produce under  
               specific conditions. Energy generation is the amount of  
               electricity a generator produces over a specific period of  
               time. Many generators do not operate at their full capacity  
               all the time; they may vary their output according to  
               conditions at the power plant, fuel costs, and/or as  
               instructed from the electric power grid operator. 

               One key question is how should a utility balance its  
               portfolio among more expensive renewable energy resources  
               with higher capacity value (geothermal, solar thermal,  
               biomass, etc.) and cheaper renewable energy resources with  
               lower capacity value (wind, solar PV, etc.), which would  
               require firming and shaping.

              4.   Legislative Solution to a Regulatory Problem  ? The CPUC  
               has the authority to determine whether, and to what extent,  
               there are costs related to integrating renewable energy  
               resources into the California electricity grid. Is changing  
               statute necessary? Does it undermine current initiatives  
               and proceedings at the CPUC to develop an integration cost  
               methodology? 

              5.   Fiscal Impact  . The CPUC stated to the Assembly Committee  
               on Appropriations that it does not have the expertise to  
               develop an integration costs methodology and therefore  
               would need to hire a consultant for assistance. The  
               Assembly Committee on Appropriations estimated that this  
               bill would increase costs to the CPUC in the $300,000 to  
               $600,000 range. Sponsors note that instead of hiring a  
               consultant for assistance, the CPUC could direct IOUs to  
               submit their own proposals for review and comment by the  
               CPUC and the public. 

              6.   Ratepayer Impact  . To the extent that this bill would  
               incent electrical corporations to contract with higher-cost  
               renewable energy resources, rates could increase.











              7.   Related Legislation  . AB 177 (Perez) would have required  
               the CPUC to include a value for renewable integration when  
               authorizing electricity procurement by electrical  
               corporations, among other provisions. Status: Died on the  
               Assembly inactive file.
           
                                   ASSEMBLY VOTES
           
          Assembly Floor                     (76-0)
          Assembly Appropriations Committee  (17-0)
          Assembly Utilities and Commerce Committee                       
          (13-0)

                                       POSITIONS
           
           Sponsor:
           
          California Biomass Energy Alliance
          Calpine Corporation

           Support:
           
          ADM Rice, Inc.
          California Farm Bureau Federation
          California Fire Safe Council
          California Manufacturers and Technology Association
          California State Association of Counties
          California Wind Energy Association
          California Women for Agriculture  
          California Women in Timber
          Coalition for Renewable Natural Gas 
           Support: (cont.)
           
          Covanta Delano, Inc.
          Covanta Mendota
          HL Power Company
          IHI Power Generation
          Imperial Irrigation District
          Lake County Board of Supervisors
          Natural Resources Defense Council
          North Coast Chapter of California Women in Timber
          PacifiCorp
          Rural County Representatives of California 
          San Diego Gas and Electric Company










          Sierra County Board of Supervisors
          Sierra Pacific Industries
          Southern California Edison 
          Tuolumne County Business Council
          Tuolumne County Chamber of Commerce
          Tuolumne County Economic Development Authority
          Union of Concerned Scientists
          Wadham Energy LP

           Oppose:
           
          Large-scale Solar Association





          














          Alexis Erwin 
          AB 2363 Analysis
          Hearing Date:  June 23, 2014