BILL ANALYSIS                                                                                                                                                                                                    



                                                                           
          
                                                                  AB 5 X1
                                                                  Page A
           Without Reference to File
           
          CONCURRENCE IN SENATE AMENDMENTS
          AB 5 X1 (Keeley)
          As Amended January 16, 2001
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |60-9 |(January 12,    |SENATE: |28-8 |(January 16,   |
          |           |     |2001)           |        |     |2001)          |
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           Original Committee Reference:    E.C.& A.  

           SUMMARY  :  Revises specific provisions relating to the governance  
          structures and authority of the California Independent System  
          Operator (ISO); the Power Exchange (PX) and Electricity  
          Oversight Board (EOB). 

           The Senate amendments:

           1)Require the replacement of the existing ISO governing board,  
            composed of 26 "stakeholders," with a governing board composed  
            of five members appointed by the Governor who must be  
            independent of any ISO market participant.

          2)Prohibit ISO from entering into a multi-state entity or  
            regional organization unless EOB approves such a move.

          3)Require ISO to publish a list of California power plants that  
            are out of service due to either a planned or unplanned  
            outage.

           AS PASSED BY THE ASSEMBLY  , this bill:  

          1)Repealed existing law directing EOB to determine the  
            composition and terms of service for ISO and PX governing  
            boards.

          2)Repealed existing law which specifies an EOB member's right to  
            decline or confirm representative groups on governing boards.

          3)Repealed EOB's responsibility for approval of election and  
            qualifications of ISO and PX governing board members.








                                                                           
          
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          4)Required that in 90 days of the effective date of this bill,  
            that ISO and PX governing boards be composed of an unlimited  
            term, three member, annually and Governor appointed,  
            independent governing board of directors composed of  
            individuals not affiliated with any actual or potential  
            ISO-related market participant.

          5)Required that EOB revise ISO and PX articles of incorporation  
            and bylaws to reflect the aforementioned changes and make  
            necessary filings with the Federal Energy Regulatory  
            Commission (FERC) necessary to implement this act.

          6)Removed the existing authority of EOB to hold a closed session  
            to consider matters involving the removal of an ISO or PX  
            governing board member.  All such issues must now be voted on  
            in open session.

          7)Prohibited ISO participation in any multi-state entity or  
            regional organization unless approved by EOB.

          EXISTING LAW  provides for the creation of EOB and describes its  
          functions, which includes oversight of ISO and PX, its board's  
          composition and terms of service and appeals processes.

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

          1)AB 1890, (Brulte), Chapter 854, Statutes of 1996, contained  
            intent language that established the process for California's  
            entry into an interstate compact with other western states to  
            require utilities selling energy into the California markets  
            to adhere to standards and protocols to protect the  
            reliability of regional transmission and distribution systems.  
             This bill repeals those provisions and requires EOB approval  
            prior to ISO's participation in any multistate entity or  
            regional transmission organization. 

          2)The restructuring of California's electric industry came in  
            the form of comprehensive electric restructuring legislation,  
            AB 1890.  Additionally, because ISO and PX are non-public  
            entities engaged in the interstate transmission and wholesale  
            power markets, their operations are subject to FERC  








                                                                           
          
                                                                  AB 5 X1
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            jurisdiction under the Federal Power Act.

          On December 15, 2000, FERC issued an Order Proposing Remedies  
            for California Wholesale Electric Markets (order), which  
            outlined its desire to establish procedures to discuss with  
            state representatives the process for selection of the  
            independent ISO board members that will replace the current  
            stakeholder board.  The FERC decision proposes to replace the  
            existing stakeholder boards with independent boards.   
            Presently, ISO and PX are governed by what FERC calls  
            stakeholder boards (i.e., those who have business in the  
            market/market participants).  Under the FERC order, the new  
            board would be made up of non-market participants.  The order  
            sets out FERC's desire to discuss the process for selection of  
            the new board structure with state representatives.   
            Generally, the FERC order proposes to replace the existing  
            stakeholder boards with independent boards.   

          3)This bill speaks to the ISO and PX governance issue only and  
            proposes a governance structure for EOB to communicate the  
            state's intent to FERC.  This bill makes modifications to  
            existing law that affect the appointment, governance  
            structure, member affiliation limitation and terms of ISO and  
            PX board members to effectuate a five member,  
            Governor-appointed governance structure for both ISO and PX.

          4)Future of state oversight function.  AB 1890 transferred  
            responsibility for transmission reliability from electric  
            utilities regulated by the California Public Utilities  
            Commission (CPUC) to ISO and market-based mechanisms.

          5)ISO functions as a quasi-utility, performing exclusive duties  
            delegated by the state that are vital to California residents  
            in the deregulated generation market.  As such, the state has  
            a compelling interest in the operation of these institutions.   
            AB 1890 recognized this and established EOB "to ensure that  
            the interests of the people of California are served." FERC's  
            orders have steadily decreased the state's role by diminishing  
            state representation on the ISO governing board and limiting  
            its accountability to the Governor and the Legislature.
           

          Analysis prepared by  :    Roderick A. Campbell / E.C. & A. /  
          (916) 319-2083 








                                                                           
          
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