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

          AJR 2 -  Havice                                   Hearing Date:   
          August 6, 2002        A
          As Amended:              January 15, 2002         Non-FISCAL      
            J
                                                                        R
                                                                        
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                                      DESCRIPTION
           
           Existing law  requires the California Public Utilities Commission  
          (CPUC) to designate and rank categories of customers who provide  
          critical and essential services ("essential users").  These  
          customers are exempt from rotating electrical outages. 

           This resolution  memorializes Congress to designate defense  
          contractors as "operating in the national interest." 

                                      BACKGROUND
           
          Since the early 1980's, the CPUC has designated certain  
          facilities necessary for the health, safety and security of the  
          public as "essential users."  This designation requires the  
          utility to exempt the customer, and all other customers sharing  
          the same circuit, from planned outages.  According to the most  
          recent CPUC list, customers designated essential and normally  
          exempt from rotating outages include:

          1.Government and other agencies providing essential fire,  
            police, and prison services.
          2.Government agencies essential to the national defense.
          3.Hospitals and skilled nursing facilities.
          4.Communication utilities, as they relate to public health,  
            welfare and security, including telephones.
          5.Navigation communication, traffic control, and landing and  
            departure facilities for commercial air and sea operations.
          6.Electric utility facilities and supporting fuel and fuel  
            transportation services critical to continuity of electric  
            power system operation.











          7.Radio and television broadcasting stations used for  
            broadcasting emergency messages, instructions, and other  
            public information related to the electric curtailment  
            emergency.

          The electric distribution grid is comprised of circuits which  
          generally serve several thousand customers.  When a planned  
          outage is instituted, power is cut to the entire circuit, so  
          exempting an essential customer from an outage also exempts  
          every other customer on that circuit.

          For example, Pacific Gas & Electric (PG&E) has about 2,600  
          essential customers, but because the entire circuit serving the  
          essential customer is exempt from outages, about 2.4 million  
          customers are exempt from outages.  The result is that 48% of  
          the load served by PG&E is exempt from outages, meaning when a  
          rotating outage is called, the remaining 52% of the load has to  
          bear the inconvenience.  The numbers are similar for Southern  
          California Edison (SCE) and San Diego Gas & Electric (SDG&E).  
          The CPUC's goal is to keep at least 40% of load eligible for  
          rotating outages.  Outage exemptions are limited to those  
          circumstances where the public health and safety are at risk -  
          exemptions for economic hardship aren't permitted.

          Adding more people or businesses to the outage exemption list  
          will concentrate the inconvenience on fewer customers for longer  
          periods of time.  Historic and current utility practice is to  
          limit rotating outages to one to two hours.  The utility shuts  
          down a particular circuit for a maximum of one hour, but at the  
          customer end, that shutdown means the power is actually out for  
          one to two hours.  If fewer circuits are available to rotate  
          among during an outage, any necessary outages will have to be  
          longer, more frequent, or both.

          This resolution memorializes Congress to designate contractors  
          engaged in "vital defense work" as "operating in the national  
          interest."  According to the author, this is so defense  
          contractors may be exempt from electrical service interruptions.  
           

                                       COMMENTS

          1.What does the designation mean?   The Committee has been unable  
            to identify any direct effect of an "operating in the national  










            interest" designation on whether a customer receives a  
            exemption from rotating outages.  There is no existing  
            requirement on the CPUC to add a customer so designated to the  
            list of essential customers.

            Even if there was, which customers may be exempt from outages  
            is a state decision, so asking for an act of Congress to  
            compel the state to take an action that's within the state's  
            authority to begin with is a bit of a circuitous route to get  
            an exemption.

            If the author's intent is to exempt defense contractors from  
            rotating outages, it may be more effective to send a  
            resolution to the CPUC requesting that it consider adding  
            defense contractors to its list of essential users.  
           
           2.Previous legislation.   SB 68X (Battin), Chapter 2, Statutes of  
             2001, requires the CPUC, when establishing priorities among  
            types or categories of electrical or gas customers for  
            exemption from rotating outages, to consider the potential  
            effect of extreme temperatures on the health and safety of  
            residential customers.  In April, the CPUC issued a decision  
            in which it declined to adopt a priority for residential  
            customers based on exposure to extreme temperatures.

            SB 1055 (Morrow), Chapter 447, Statutes of  2001, requires the  
            CPUC to consider jeopardy or imminent danger to public health  
            and safety that creates substantial likelihood of severe  
            health risk requiring medical attention.  SB 1055 also  
            required the CPUC to consider the effect of providing a high  
            priority to some customers on those customers who do not  
            receive a high priority.
           





















                                   ASSEMBLY VOTES
           
          Assembly Floor                     (66-0)
          Assembly Utilities and Commerce Committee                       
          (10-0)

                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          Aerojet General, Inc.
          American Legion Department of California Legislative Committee
          California Space Authority

           Oppose:
           
          None on file




















          

          Lawrence Lingbloom 










          AJR 2 Analysis
          Hearing Date:  August 6, 2002