BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 6 X1
                                                                  Page  1

          Date of Hearing:   January 11, 2001

                 ASSEMBLY COMMITTEE ON ENERGY COSTS AND AVAILABILITY
                              Roderick D. Wright, Chair
                  AB 6 X1 (Dutra) - As Introduced:  January 11, 2001
           
           SUBJECT:  Electrical restructuring.

           SUMMARY  :  Establishes that utility-owned generation assets shall  
          be subject to California Public Utilities Commission (CPUC)  
          regulation until their disposition has been reviewed and  
          approved by CPUC.  Specifically,  this bill  :

          Requires that generation assets owned by any public utility  
          prior to January 1, 1997, and subject to rate regulation by  
          CPUC, shall continue to be subject to regulation by CPUC until  
          those assets have undergone market valuation in accordance with  
          procedures established by CPUC, and CPUC has authorized the  
          disposition of those assets pursuant to Section 851 of the  
          Public Utilities Code.

           EXISTING LAW  :

          1)Requires generation assets owned by any public utility prior  
            to January 1, 1997, and subject to rate regulation, to  
            continue to be subject to CPUC regulation until those assets  
            have undergone market valuation.

          2)Requires that the valuation of assets, for the purposes of  
            calculating public utilities' uneconomic costs, be completed  
            no later than December 31, 2001, using appraisal, sale, or  
            other divestiture.

          3)Provides that, subsequent to market valuation, if the public  
            utility wishes to retain ownership of non-nuclear generation  
            assets in the same corporation as the distribution utility,  
            the public utility shall demonstrate to the satisfaction of  
            CPUC, through a public hearing, that it would be consistent  
            with the public interest and would not confer undue  
            competitive advantage on the public utility to retain that  
            ownership in the same corporation as the distribution utility.

          4)Provides related findings and declarations.

           FISCAL EFFECT  :  Unknown.








                                                                  AB 6 X1
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           COMMENTS  :

          Assembly Bill 1890 (Brulte), [Chapter 854, Statutes of 1996]  
          restructured California's electric industry in order to  
          establish a competitive generation market.  The CPUC, in  
          D.95-12-063 (as modified by D.96-01-009) required the  
          investor-owned utilities (IOUs) to divest at least 50 percent of  
          their fossil generating assets.  The IOUs have divested most of  
          their generating assets, including a large number of natural gas  
          power plants.  San Diego Gas and Electric has rights to a  
          portion of the output of the San Onofre Nuclear Generating  
          Station.  Pacific Gas and Electric (PG&E) and Southern  
          California Edison (SCE) still own a considerable amount of  
          generating resources, including hydroelectric facilities.  PG&E  
          owns 3,890 megawatts (MW) of hydroelectric generating capability  
          made up of 68 powerhouses, and 99 reservoirs.  SCE owns 35  
          powerhouses that generate 1, 173 MW of electricity.  (The  
          combined hydroelectric generation capacity of PG&E and SCE meets  
          approximately 15 percent of the state's electricity demand).   
          SCE has an application pending at CPUC to retain its remaining  
          generation facilities.  PG&E recently announced its intention to  
          retain its remaining generation assets for the next two years.    
           

          Under existing law, the IOU generation assets are subject to  
          rate regulation by CPUC and shall continue to be subject to CPUC  
          regulation until those assets have undergone market valuation.   
          This bill deletes the reference to market valuation, and  
          provides that the remaining generation assets will continue to  
          be regulated by CPUC until the owner of those assets has applied  
          to CPUC, in accordance with procedures established by CPUC under  
          Public Utilities Code Section 851, to dispose of those assets  
          and has been authorized by CPUC to undertake that disposal.  PU  
          Section 851 requires that when a public utility seeks to divest,  
          sell, or purchase facilities, they must go before CPUC for  
          approval.  

          The Federal Energy Regulatory Commission (FERC), which has  
          jurisdiction over the wholesale electricity market, recently  
          issued an order (issued December 15, 2000) which, among other  
          things, effectively "de-federalized" the IOUs' approximately  
          25,000 MW of remaining generation resources by allowing  
          California to exercise its retail ratemaking authority and  
          regulate this power on a cost-of-service basis.








                                                                  AB 6 X1
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          CPUC, citing an "extraordinary and unforeseen crisis in  
          wholesale and retail electric power markets in California," is  
          presently engaged in a proceeding which is evaluating whether it  
          is in the public interest for the IOUs to divest their remaining  
          generation  facilities. 

          Suggested Technical Amendment.  Legislative intent language  
          codified by AB 1890 provides that the generation of electricity  
          "should be open to competition and utility generation should be  
          transitioned from regulated status to unregulated status through  
          means of a commission-approved market valuations."  (PU Section  
          330 (l)(2)).  This bill deletes the market valuation "trigger"  
          for deregulation of the assets.  The author may wish to consider  
          modifying or deleting the existing legislative intent language  
          so that it is in conformance with the intent of this bill. 

           REGISTERED SUPPORT/OPPOSITION  :

           Support  :

          None on file.

           Opposition  :

          None on file.

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