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
           
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          |ASSEMBLY:  |61-10|(January 12,    |SENATE: |29-6 |(January 16,   |
          |           |     |2001)           |        |     |2001)          |
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           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

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