BILL ANALYSIS AB 6 X1 Page 1 Without Reference to File CONCURRENCE IN SENATE AMENDMENTS AB 6 X1 (Dutra) As Amended January 16, 2001 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: |61-10|(January 12, |SENATE: |29-6 |(January 16, | | | |2001) | | |2001) | ----------------------------------------------------------------- Original Committee Reference: E.C. & A. SUMMARY : Establishes that utility-owned generation facilities shall be subject to California Public Utilities Commission (CPUC) regulation until their disposition has been reviewed and approved by CPUC, and prohibits a utility-owned generation facility from being disposed of prior to January 1, 2006. The Senate amendments : 1)Prohibit a utility-owned generation facility from being disposed of prior to January 1, 2006. 2)Require CPUC to ensure that public utility assets remain dedicated to service for the benefit of the public. 3)Make changes to electric restructuring legislative findings and declarations. 4)Add an urgency clause. AS PASSED BY THE ASSEMBLY , this bill required 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 Public Utilities Code Section 851 (PU Section 851). EXISTING LAW : 1)Requires generation assets owned by any public utility prior to January 1, 1997, and subject to rate regulation, to AB 6 X1 Page 2 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 COMMENTS : AB 1890 (Brulte), Chapter 854, Statutes of 1996, restructured California's electric industry in order to establish a competitive generation market. CPUC, in D.95-12-063 (as modified by D.96-01-009) required the investor-owned utilities (IOUs) to divest at least 50% of their fossil generating assets. 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% 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, 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. AB 6 X1 Page 3 This bill deletes the reference to market valuation, and provides that the remaining generation facilities will continue to be regulated by CPUC until the owner of those facilities has applied to CPUC to dispose of those facilities and has been authorized by CPUC under PU Section 851 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" 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. 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 IOUs to divest their remaining generation facilities. 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 commission-approved market valuations." This bill amends the electric restructuring intent language to conform with the bill's deletion of the market valuation "trigger," and deletes the existing reference to transitioning "from regulated to unregulated status through means of CPUC-approved market valuation mechanisms." Specifically, this bill provides that the Legislature's intent is that the "generation of electricity should be open to competition." Analysis prepared by : Joseph Lyons / E. C. & A. / (916) 319-2083 FN: 0000061