BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 5 X2
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 5 X2 (Kelley)
          As Amended July 16, 2001
          2/3 vote.  Urgency

           ENERGY              18-1        APPROPRIATIONS      21-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Wright, Pescetti, Briggs, |Ayes:|Migden, Bates, Alquist,   |
          |     |                          |     |Aroner, Ashburn, Cedillo, |
          |     |Bill Campbell,            |     |Corbett, Correa, Daucher, |
          |     |Canciamilla, Diaz,        |     |Goldberg, Maldonado,      |
          |     |Dickerson, Dutra, Florez, |     |Robert Pacheco, Oropeza,  |
          |     |Jackson, Keeley, Leonard, |     |Pavley, Runner, Simitian, |
          |     |Oropeza, Reyes, Richman,  |     |Thomson, Wesson, Wiggins, |
          |     |Steinberg, Vargas, Zettel |     |Wright, Zettel            |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|John Campbell             |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :

          1)Requires that the California Public Utilities Commission  
            (CPUC) recalculate the summer baseline quantity of electricity  
            for all climatic zones in the state, based on 70% of the  
            average usage of each of these zones for the months of April  
            to September, inclusive, using five years of historical data.   


          2)Provides that CPUC shall adjust baseline quantities for these  
            areas not later than 30 days from the effective date of this  
            section.

          3)Prohibits CPUC from adjusting any baseline quantity downward  
            for winter or summer months for any climatic zone in the state  
            prior to July 1, 2003. 

           EXISTING LAW  establishes:

          1)Five tiers of rates for customers throughout California for  
            electricity and gas usage based on baseline quantities.   
            Higher rates are charged at usage above 130% of baseline and  
            the highest rates occur at levels above 200% of baseline.









                                                                  AB 5 X2
                                                                  Page  2

          2)Baseline quantities for electricity and gas consumption for 19  
            specific zones in California, with the baseline amounts  
            adjustable annually based on average usage in the area. 

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  The author of this bill draws attention to the manner  
          in which and the timing of calculation of baseline quantities  
          for electricity for all climatic zones in the state.  Some  
          regions experience extreme temperatures in the summer, and  
          overall the temperatures in California have increased in the  
          past five years over any previous period.  The requirement in  
          this bill that CPUC recalculate summer baseline quantities based  
          on 70% of average usage accommodates both a better consideration  
          of summer versus winter usage of electricity and of the need to  
          provide the most recent, seasonally specific data into the  
          calculation. 

          A survey of the 19 unique climatic zones identified for the  
          three investor owned utilities (IOUs) demonstrates a range of  
          baselines quantities for the summer months from a low for  
          combined gas/electric service in Pacific Gas and Electric (PG&E)  
          service Zone Z of 192 kilowatt hours (kWh) to a high in Southern  
          California Edison climatic Zone 15 for either combined  
          gas/electric or all electric service of 1281 kWh.  It is  
          understandable that customers in regions which suffer from  
          extreme heat are concerned about the allowable baseline usage  
          levels in their area, especially where the use of air  
          conditioning is more a health and safety than a comfort factor.

          The baseline quantities reflect an average level of usage for  
          each specified area, and as illustrated by the difference  
          between the low summer baseline in PG&E service Zone Z and the  
          high baseline in SCE climatic Zone 15, climatic differences are  
          taken into account.  Baseline represents 60 to 70% of average  
          residential consumption for all electric customers for each  
          area, and rates for customers at or below baseline and up to  
          130% of baseline (90% of average usage) are not subject to the  
          large rate increases recently imposed by CPUC. 

          CPUC is required to review and revise baseline quantities as  
          average consumption patterns change in order to maintain the  
          ratios established for baseline quantities.  Since rates for  
          consumption above 130% of baseline are significantly higher than  
          rates below that level, the signal from this rate structure is  








                                                                  AB 5 X2
                                                                  Page  3

          for conservation.  The downside to the sort of conservation this  
          rate structure necessarily imposes on most customers, is that  
          usage patterns assume a downward trend and baseline gets  
          adjusted down to an even lower than existing level of  
          consumption. 

          This bill's prohibition against downward adjustment to baseline  
          prior to July 1, 2003, will help mitigate against any adverse  
          impacts of reduced consumption on customer rates.  The specific  
          guidelines for recalculation of baseline should also help  
          minimize harsh rate impacts if existing baseline quantities are  
          unreasonably low.
           

          Analysis Prepared by  :    Kelly Boyd / E. C. & A. / (916)  
          319-2083 



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