BILL ANALYSIS                                                                                                                                                                                                    �




                                                                  AB 2584
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          Date of Hearing:   April 28, 2014

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                               Steven Bradford, Chair
                   AB 2584 (Nestande) - As Amended:  March 28, 2014
           
          SUBJECT  :   Energy: California Renewables Portfolio Standard  
          Program

           SUMMARY  :   This bill would provide that wind energy co-metering  
          is available for a United States Department of Defense (DOD)  
          installation, if the generating capacity does not exceed 1.5  
          megawatts. Specifically,  this bill  : 
           
          1)Applies to US DOD installations with a capacity of more than  
            50 kilowatts, but not exceeding 1.5 megawatts.

           EXISTING LAW  

          1)Provides the California Public Utilities Commission (PUC) with  
            regulatory authority over public utilities, including  
            electrical corporations and gas corporations.  (California  
            Constitution, Article 12, Section 3)

          2)Authorizes the PUC to fix rates, establish rules, examine  
            records, issue subpoenas, administer oaths, take testimony,  
            punish for contempt, and prescribe a uniform system of  
            accounts for all public utilities subject to its jurisdiction.  
            (California Constitution, Article 12, Section 6)

          3)Defines net energy metering as measuring the difference  
            between the electricity supplied through the electrical grid  
            and the electricity generated by an eligible  
            customer-generator and fed back to the electrical grid over a  
            12-month period. (Public Utilities Code 2827(b)(6))

          4)Defines co-metering as the same in all other respects to a net  
            energy metering program, except that the local publicly owned  
            electric utility has elected to apply a  
            generation-to-generation energy and time-of-use credit formula  
            (Public Utilities Code 2827(b)(1))

          5)Requires nearly every utility in California to provide a net  
            metering rate to customers connecting renewable energy  
            projects to utility service equipment until the total  









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            renewable capacity equals no more than 5% of each utilities'  
            aggregated peak electricity demand. (Public Utilities Code  
            2827(c)(1))

          6)Requires payment for excess electricity generation to be  
            credited to the customer's utility account at the retail rate  
            of electricity based on the customer's applicable tariff.  
            (Public Utilities Code 2827(h)(2)(C))

          7)Establishes various provisions applying to eligible  
            customer-generators utilizing wind energy co-metering with a  
            capacity of more than 50 kilowatts, but not exceeding one  
            megawatt, and authorizes electric service providers to waive  
            these provisions. (Public Utilities Code 2827.8)

           FISCAL EFFECT  :   Unknown



           COMMENTS  :   

           1)Author's statement:  The author is "seeking this legislative  
            solution so the Marine Corps is able to fully utilize its  
            renewable energy assets at MCLB Barstow.  Doing so will help  
            the base toward its goals of energy security while reducing  
            its operating costs. This is a common-sense measure that is  
            good for taxpayers and eases the burden on our Armed Forces."

           2)Marine Corps Logistics Base (MCLB) Barstow.  MCLB Barstow is  
            located in San Bernardino County about 130 miles northeast of  
            Los Angeles. Its mission is to rebuild and repair  
            ground-combat and combat-support equipment and to support  
            military bases in the Southwest. In terms of electricity, the  
            base is served by Southern California Edison (SCE). Its total  
            peak demand is about 7.2 MW, with an average demand of about  
            3.2 MW. 

           3)MCLB Barstow's wind turbine.  In accordance with emission  
            reduction and renewable energy mandates from the President,  
            Congress, DOD, and Department of the Navy, the base installed  
            a wind turbine with a 1.5 MW capacity in 2009. The military  
            has noted that by generating an average of more than 3,000  












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            megawatt hours of renewable power each year,<1> the turbine  
            reduces annual electricity costs by approximately $500,000 and  
            provides 30 percent of the power needs of the Nebo side of the  
            base.<2>

            Southern California Edison (SCE) was the main contractor for  
            the installation of the wind turbine, having provided  
            financing, design, and construction services.<3> In  
            partnership with SCE, the electricity generated by the turbine  
            is added directly to the power grid. However, the base had to  
            de-rate the turbine to operate under 1 MW to comply with its  
            Net Energy Metering (NEM) interconnect arrangement with the  
            investor-owned utility Southern California Edison (SCE). 

            In response to MCLB Barstow's requests to allow the turbine to  
            operate at its full 1.5 MW capacity, SCE has replied that  
            state law prohibits this under the current tariff. SCE has  
            instead proposed that MCLB Barstow terminate the NEM agreement  
            and apply for interconnection as a Rule 21 non-exporting  
            generator. This option would require the base to apply, pay  
            associated application and study fees, install equipment to  
            prevent export, and be subject to SCE's standby and departing  
            load tariffs. MCLB Barstow says that this route would increase  
            their ongoing energy costs.

            According to the author, if the turbine was able to operate up  
            to 1.5 MW, it would largely offset the base's load and result  
            in only minimal export back onto the grid. For example, it is  
            stated that in September 2013 (an average month for wind  
            resources and energy use at MCLB Barstow), the base exported  
            on five occasions and only at night, for a total of 1,400 kWh.  
            In comparison, the average monthly electricity consumption for  
            California residential utility customers in 2012 was 573 kWh  
            --------------------------

          <1>  http://www.navy.mil/submit/display.asp?story_id=43886  

          <2>  
           http://www.mclbbarstow.marines.mil/News/NewsArticleDisplay/tabid/ 
          9411/Article/82136/mclb-barstow-wind-turbine-a-marine-corps-first 
          .aspx  

          <3>  http://www.navy.mil/submit/display.asp?story_id=38644  











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            per month.<4> Therefore, if MCLB Barstow export continues  
            along this trend - about 2.5 average residential customer's  
            worth - it is minimal. If the turbine is allowed to operate at  
            full capacity, the exact extent to which export will be  
            increased is unknown. However, based on historic data, the  
            author asserts that at the full 1.5 MW capacity, export would  
            only marginally increase (and only in the evenings), after  
            solar generation has stopped on the SCE transmission line.

            The author also claims that turbine reliability would increase  
            if it were allowed to operate at its intended capacity.

             The author may wish to consider an amendment clarifying that  
            the bill's provisions are limited to a DOD installation  
            located in Southern California which operates a wind turbine  
            and is served by Southern California Edison.

          4)Net energy metering and co-metering.  Under NEM, an electric  
            utility is required to "buy back" any electricity generated by  
            a customer-owned generator that is not consumed by the  
            customer on-site. The price is set by the applicable retail  
            rate under the customer's existing contract. When the customer  
            generates electricity, they use most of it for their own  
            facility, but any excess electricity passes through a meter  
            and is redistributed to the electricity grid. At the end of  
            the year, the electric utility calculates the amount of  
            electricity distributed to the grid by the customer and  
            reduces the customer's annual bill by the amount of  
            electricity generated by the customer. This results in the  
            utility "buying" the excess power and paying for it in the  
            form of a bill credit. NEM is available to all utility  
            customers, including residential, commercial, industrial,  
            agricultural, and government.

            NEM allows the credit at the customer's retail price - a price  
            higher than the generation costs, as the retail price includes  
            non-generation charges, including but not limited to  
            transmission and distribution service, the California Rates  
            for Energy (CARE) subsidy, public good charges, and service  
            charges for the California Public Utilities Commission (PUC),  
            California Independent System Operator (CAISO), and utility  
            return on investment. If the customer-generator is being paid  
            the retail price, the non-generation costs are shifted to the  

            --------------------------

          <4> US Energy Information Administration.  
           http://www.eia.gov/tools/faqs/faq.cfm?id=97&t=3  








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            utilities' other ratepayers.

            "Co-energy metering" is similar to net energy metering, except  
            that the electric utility applies a generation-to-generation  
            energy and time-of-use credit formula.

           5)Suggested amendments.  

            SECTION 1. Section 2827.8 of the Public Utilities Code is  
            amended to read:

            2827.8. Notwithstanding any other provisions of this article,  
            the following provisions apply to an eligible  
            customer-generator utilizing wind energy co-metering with a  
            capacity of more than 50 kilowatts, but not exceeding one  
            megawatt, or for a United States Department of Defense  
            installation  located in Southern California which operates a  
            wind turbine and is served by Southern California Edison  , not  
            exceeding 1.5 megawatts, unless approved by the electric  
            utility. 

            (a) The eligible customer-generator shall be required to  
            utilize a meter, or multiple meters, capable of separately  
            measuring electricity flow in both directions. Nothing in this  
            section precludes the use of advanced metering infrastructure  
            devices. All meters shall provide "time-of-use" measurements  
            of electricity flow, and the customer shall take service on a  
            time-of-use rate schedule. If the existing meter of the  
            eligible customer-generator is not a time-of-use meter or is  
            not capable of measuring total flow of energy in both  
            directions, the eligible customer-generator is responsible for  
            all expenses involved in purchasing and installing a meter  
            that is both time-of-use and able to measure total electricity  
            flow in both directions. This subdivision shall not restrict  
            the ability of an eligible customer-generator to utilize any  
            economic incentives provided by a government agency or the  
            electric utility to reduce its costs for purchasing and  
            installing a time-of-use meter.

            (b) The consumption of electricity from the electric utility  
            for wind energy co-metering by an eligible customer-generator  
            shall be priced in accordance with the standard rate charged  
            to the eligible customer-generator in accordance with the rate  
            structure to which the customer would be assigned if the  
            customer did not use an eligible wind electrical generating  









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            facility. The generation of electricity provided to the  
            electric utility shall result in a credit to the eligible  
            customer-generator and shall be priced in accordance with the  
            generation component, excluding surcharges to cover the  
            purchase of power by the Department of Water Resources,  
            established under the applicable structure to which the  
            customer would be assigned if the customer did not use an  
            eligible wind electrical generating facility.

          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          United States Marine Corps

           Opposition 
           
          Southern California Public Power Authority (SCPPA)
           
          Analysis Prepared by  :    Brandon Gaytan / U. & C. / (916)  
          319-2083