BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          AB 14XX -  Canciamilla                                 Hearing  
          Date:  August 29, 2001          A
          As Amended: August 27, 2001        FISCAL           B
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                                      DESCRIPTION
           
           Current law  exempts companies who self-provide natural gas from  
          regulation by the California Public Utilities Commission (CPUC).  
           All other transmission of natural gas is regulated by the CPUC.

           This bill  creates a class of natural gas provider, known as a  
          Non-Utility Grade Natural Gas Provider, that is exempt from CPUC  
          regulation.  Such a provider is defined as an entity which  
          produces, sells, or transports non-utility grade natural gas to  
          no more than five end users, excluding the pipeline owners,  
          their subsidiaries, or affiliates.  Non-utility grade natural  
          gas is defined as natural gas which is outside of a  
          utility-specific heating range or which the utility determines  
          is of insufficient quality.

           This bill  provides that pipelines transporting non-utility grade  
          natural gas owned or operated by a non-utility grade natural gas  
          provider are, for purposes of safety regulation, subject to the  
          jurisdiction of the Division of Oil, Gas, and Geothermal  
          Resources (Division) if the pipeline is located within the  
          boundaries of an oil field, and the United States Department of  
          Transportation if the pipeline is located outside the  
          jurisdiction of the Division.

           This bill  provides that natural gas sold pursuant to this bill  
          is subject to the non-bypassable public goods surcharge.

           This bill  requires the CPUC to ensure that any costs resulting  
          from the implementation of this section don't result in cost  
          increases to small customers and/or natural gas utilities.












                                      BACKGROUND
           
           Regulatory Structure  .  Under federal law, the price of natural  
          gas isn't regulated.  Instead, the price is set by the balance  
          of supply and demand.  When that balance is lost, natural gas  
          price spikes occur, as they did in late 2000 when natural gas  
          prices increased by more than 600%.  

          While the price of natural gas isn't regulated, the price of  
          transmitting and distributing the natural gas is regulated by  
          the CPUC because the pipelines are bottleneck facilities.  They  
          provide irreplaceable infrastructure for both the seller and the  
          buyer of natural gas, since both of them are customers of the  
          pipeline.  Unregulated pipelines can use their control over the  
          bottleneck facilities to charge unfair prices, deny access to  
          the pipeline, or provide discriminatory access to the pipeline,  
          much as the railroads did to farmers in the early 1900's,  
          leading to the Progressive movement, the election of Hiram  
          Johnson, and the reformation of the predecessor to the CPUC, the  
          California Railroad Commission.  

           California Policy Related To In-State Natural Gas Production  .   
          California has long had a policy supporting the use of in-state  
          natural gas.  A May 2001 document by the staff of the California  
          Energy Commission (CEC) reports that California natural gas  
          production declined from the mid-1980's until the mid 1990's,  
          but has been climbing ever since and currently provides about  
          15% of California's needs.  According to the CEC staff report,  
          the lack of pipelines for gathering the natural gas from supply  
          fields has restrained the growth in California-based natural gas  
          supplies.  About 80% of California-based natural gas is produced  
          in association with the development of crude oil supplies.

           Supply and Price Outlook has Improved Since January  .  The market  
          and outlook for natural gas price and supply has changed  
          materially since the beginning of the year.  Prices have dropped  
          from more than  six times  the historic average back down to near  
          historic averages.  The amount of natural gas in storage is well  
          above the most recent five-year averages.  An August 22, 2001,  
          CEC staff report states the CEC's expectation that natural gas  
          supplies will remain generally plentiful over the long term,  
          though constraints on pipeline capacity and the ability to  
          refill natural gas storage facilities will be constrained this  










          year.

                                       COMMENTS

          1.Purpose of the Bill  .  According to the author, there are  
            untapped sources of California-based natural gas which don't  
            meet the quality of the gas sold by the utilities but could be  
            blended and processed to be sold to the utilities but  
            apparently there is little interest in doing so.  However,  
            such gas may be of interest to certain types of large  
            customers that can run certain facilities on this lower grade  
            natural gas.  This bill tries to create an incentive for gas  
            producers to drill for and sell this lower quality natural gas  
            by allowing purveyors and transporters to sell the gas without   
            having to become a public utility subject to regulation by the  
            CPUC. 

           2.If It Walks Like A Utility . . .   This bill creates a new  
            class of natural gas providers that aren't subject to CPUC  
            oversight even though by transporting and distributing natural  
            gas, they are performing functions identical to public  
            utilities that are regulated by the CPUC.  

            One of the few relatively clear principles in public utility  
            law is that private sellers of public utility service are  
            regulated by the CPUC.  Under this principal, public utility  
            service is an essential service for which they are no  
            substitutes.  Rather than leaving the provision and pricing of  
            such service to "market forces," a company is allowed  
            exclusive authority to offer the service in exchange for  
            regulatory oversight on the price, terms, and conditions of  
            service.  This regulatory oversight protects customers from  
            unfair pricing, discriminatory terms and conditions of  
            service, while at the same time providing for safe operation  
            and reasonable service quality.  

            An example of how a pipeline could utilize its monopoly power  
            is by denying access to other shippers or customers.  The  
            State of California has alleged that one of the natural gas  
            pipelines supplying Southern California withheld capacity in  
            late 2000, thereby driving natural gas prices skyhigh to the  
            benefit of an affiliated gas supplier and to the great  
            detriment of the people and businesses of the state.  Damages  
            are estimated in the billions of dollars.











            Public utilities are also regulated because they are "natural  
            monopolies" in that the service is most efficiently delivered  
            by one large entity, rather than multiple competing entities.   
            Pipelines are good examples of this in that it's much more  
            economical for one hundred people to share one pipeline than  
            for each of them to build their own.  Moreover, regardless of  
            the economics, the nuisance and disruption of pipeline  
            construction provides the encouragement to have a single,  
            regulated pipeline.

            Given the state's experience with deregulation in the  
            electricity arena,  the author and committee may wish to  
            consider  why a certain class of natural gas providers should  
            be exempt from CPUC regulation even though they will be  
            performing the functions of a regulated public utility.  

          3.Fair Competition & The Level Playing Field  .  By creating a  
            separate, unregulated class of natural gas pipeline  
            transmission, this bill creates an unlevel playing field that  
            puts existing natural gas utilities at a disadvantage.   
            Existing regulated utilities (i.e. Pacific Gas & Electric and  
            Southern California Gas) must serve all customers, charge  
            non-discriminatory rates, and generally be subject to CPUC  
            review for their rates and practices.  The new class of  
            unregulated pipeline proposed by this bill will be able to  
            cherry pick its customers and charge whatever rates they  
            choose.  And, if the unregulated pipeline abandons service,  
            the regulated utility is obligated to step up and provide  
            default service.

            As customers switch from the regulated utility to the  
            unregulated pipeline, costs will be stranded.  The bill  
            provides that such stranded costs will not be paid by small,  
            or "core" customers, nor by the utility.  Instead, those costs  
            will be spread among the remaining business customers.   
            Therefore, the business and agricultural customers which don't  
            take service from the unregulated pipeline will see their  
            rates go up.  The size of any increases will naturally depend  
            on the number of customers that move from the regulated  
            utility to the unregulated pipeline.  

            A secondary effect related to stranded costs comes from the  
            reduced sales on the utility pipeline, which then causes the  










            fixed pipeline costs to be recovered from fewer sales, thereby  
            raising the per unit charge.

            As such,  the author and committee may wish to consider  whether  
            it's appropriate to create an incentive for instate natural  
            gas exploration by, essentially, lowering the regulatory bar  
            at the expense of existing regulated utilities and their  
            customers.














































           4.Does Five Customers Really Mean Five Customers?   The bill  
            limits the number of customers that an unregulated pipeline  
            can serve to five end users, which are defined as people or  
            corporations that receive natural gas for their own use and  
            don't resell or further transport the gas.

            However,  exempt from the definition  of end user are  
            subsidiaries and affiliates of the pipeline owner.  This  
            appears to allow subsidiaries and affiliates of these  
            unregulated pipeline owners to market and sell natural gas to  
            an unlimited number of marketers, re-sellers, and/or other end  
            users. 

            Furthermore, even if the number of customers is limited, each  
            unregulated pipeline will likely focus on serving large  
            customers, such as refineries or electric generators, making  
            any loss proportionately larger than the number of customers  
            due to the volume of gas that may be sold in an unregulated  
            fashion.

           5.How Can The CPUC Enforce What It Doesn't Know About?   While  
            the bill doesn't specify how it is enforced, because the  
            provisions are in the Public Utilities Code, the CPUC will be  
            the enforcement entity.  Among the provisions where  
            enforcement will be an issue are whether the nonregulated  
            pipeline is obeying the five end user limit, whether end users  
            are subsidiaries or affiliates, and whether the natural gas is  
            non-utility grade.  

             The author and committee may wish to consider  how the CPUC is  
            expected to know who is buying their natural gas from where,  
            since the bill doesn't require any of the unregulated entities  
            created by this bill to as much as register with the CPUC.   
            The bill requires the  buyers  of the natural gas to report to  
            the Board of Equalization that they are changing suppliers,  
            but there's no requirement for the  sellers  of this gas to  
            register with anyone.

            Jurisdiction over safety is provided to the Division of Oil,  
            Gas, and Geothermal Resources and the U.S. Department of  
            Transportation (DOT).  The CPUC's natural gas pipeline safety  
            rules are identical to DOT's, though DOT uses the CPUC to  
            enforce those rules.  It's not clear how state legislation can  
            confer authority onto the federal government.  In the absence  










            of the federal government accepting authority, and the cost  
            that goes along with it,  the author and committee may wish to  
            consider  who will have the responsibility of ensuring the  
            transmissions made under this bill comply with all safety  
            regulations?

           6.Creating New Or Redirecting Existing Supplies?   While the goal  
            of this bill is to facilitate the utilization of non-utility  
            grade natural gas, how much new natural gas might be tapped as  
            a result of this bill is hard to quantify.  According to  
            Sempra, it accepts virtually all of the non-utility grade  
            natural gas it's offered, so the bill may bring little  
            additional natural gas to market in Southern California but  
            may move existing regulated natural gas transmissions to  
            unregulated transmission. 
           
          7.Related Legislation  .  SB 5X (Sher), Chapter 7, Statutes of  
            2001, provided $15 million in grants to offset the costs of  
            retrofitting existing natural gas powered agricultural  
            equipment to use alternative fuels, including non-utility  
            grade natural gas.

































            AB 1233 (Pescetti), which is pending in this committee today,  
            requires the CPUC to investigate any impediments to the  
            in-state production of natural gas and authorizes the CPUC to  
            adopt tariffs encouraging in-state production unless doing so  
            harms natural gas customers.
                                           
                                   ASSEMBLY VOTES
           
          Assembly Floor                     (76-0)*
          Assembly Appropriations Committee  (26-0)*

          *Prior version of bill.
                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          Western States Petroleum Association

           Oppose:
           
          Coalition of California Utility Employees
          Pacific Gas and Electric Company
          Sempra Energy

          


























          Randy Chinn 
          AB 14XX Analysis
          Hearing Date:  August 29, 2001