BILL ANALYSIS AB 57 Page 1 ASSEMBLY THIRD READING AB 57 (Wright) As Amended April 26, 2001 Majority vote UTILITIES AND COMMERCE 14-0 APPROPRIATIONS 14-0 ----------------------------------------------------------------- |Ayes:|Wright, Pescetti, |Ayes:|Bates, Ashburn, Cedillo, | | |Calderon, | |Corbett, Correa, Daucher, | | |Bill Campbell, John | |Maldonado, | | |Campbell, Canciamilla, | |Robert Pacheco, Papan, | | |Cardenas, Diaz, Kelley, | |Thomson, Wesson, Wiggins, | | |Maddox, Nation, Papan, | |Wright, Zettel | | |Reyes, Wesson | | | ----------------------------------------------------------------- SUMMARY : Provides guidance for the procurement of electricity by electrical corporations through long-term contracting procedures and directs the California Public Utilities Commission (CPUC) to determine that such contracts are reasonable. Specifically, this bill requires: 1)That when an electrical corporation resumes purchasing electricity on behalf of retail and end-use customers, the corporation shall achieve and maintain on an annual basis, a portfolio of electric supply commitments for its bundled service customers, including forward contracts to supply no less than 50% and no greater than 95% forward contracts for terms of up to 10 years duration, of that portion of supply not already being provided from generating resources owned or contracted for by electrical corporations. 2)CPUC to reflect in bundled service rates, and deem reasonable without a reasonableness review, any contract entered into in accordance with the guidelines set forth in this bill, or any contract for which there is existing authorization. None of these contracts shall be subject to after-the-fact review. 3)CPUC to deem standard forward contracts reasonable if entered into through an open, competitive bidding process, including through the request for proposal (RFP) process; if the price of the contract is lower than the electrical corporation's then-current volume-weighted portfolio cost, excluding any generation assets retained by the electrical corporation; if the contract was entered into through the Independent System Operator (ISO) or Department of Water Resources (DWR), or any AB 57 Page 2 other market or power exchange recognized by CPUC, or was executed on or before January 1, 2001. 4)CPUC to also deem a nonstandard contract for electricity reasonable if the contract price is below the electrical corporation's then-current volume-weighted portfolio cost as calculated by the electrical corporation, exclusive of any generation assets retained by the electrical corporation. These contracts include tolling agreements, peaking service agreements, load-following service agreements, capacity agreements, exchange agreements, ancillary service agreements or another agreement for a service not traded on an exchange. 5)CPUC to deem transactions entered into between electrical corporations and renewable energy developers reasonable if contract prices to the electrical corporation are less than 115% of the average of the lowest bid established by RFP process. 6)Electrical corporations to file quarterly with CPUC its long-term forward contracts and financial contracts, together with an explanation of how the contracts meet guidelines set forth in Public Utilities Code Section 538, subject to CPUC verification of accuracy of submissions. 7)CPUC to adopt a ratemaking mechanism ensuring that existing bundled service customers remain responsible for and pay their proportionate share of the electrical corporation's obligations under each contract. EXISTING LAW requires CPUC to conduct a reasonableness review of contract terms and prices for contracts entered into by electrical corporations for purchase of generated electricity. FISCAL EFFECT : Cost savings to CPUC from avoided reasonableness reviews. COMMENTS : The onset of California's energy crisis during the summer of 2000 and throughout 2001 has demonstrated the need for California electrical corporations to secure long-term contracts to ensure a reliable supply of energy for their customers. Some of the existing procedures at CPUC may work at counter purposes to allowing investor owned utilities (IOUs) to secure these types of long-term agreements which both secure a supply stream and allow for accurate forecasting of long-term supply. Thus ensuring against the type of supply constraints, which have AB 57 Page 3 plagued the state throughout 2001. This bill requires CPUC to forego the standard reasonableness reviews generally applied to contracts for generated electricity entered into by electrical corporations, under specified conditions, to better facilitate IOUs' continued pursuit of such contracts. Specifically, this bill requires that not less than 50% and not more than 95% of the portion of the electrical corporation's supply portfolio not already being provided from generating resources owned or contracted for by electrical corporations, shall come from forward contracts of up to 10 years duration. This ensures that at least half of the supply stream of generated electricity is arriving at prices, which can be predicted, and in known volumes. Encouragement of long-term contracting provides electrical corporations with some flexibility during periods of supply adequacy, to not have to purchase large quantities of generated electricity on the spot market at what may be higher prices. This bill also provides a balance in the energy supply mix of electrical corporations by requiring that a minimal portion of half of purchases be through long-term contracts. This creates a balance between spot priced electricity, (some of which may be obtained at lower prices if purchased during optimal pricing cycles), and electricity priced based on long-term forecasts and subject to a competitive bidding process designed to elicit reasonable, stable long-term energy prices. This bill requires CPUC to forego the reasonableness review, which can constrain the price in these contracts or can be time prohibitive and result in contracts being vacated or in terms becoming less favorable due to the extended tie required for such reviews. However, this bill sets forth terms and conditions of such contracts which should provide sufficient protection against price squeezes in the contracts and this bill also requires reporting in significant detail by electrical corporations to allow CPUC to ascertain long-term pricing levels and supply levels. Finally, this bill also provides price protection against any cross subsidy by requiring CPUC to develop a ratemaking mechanism to ensure that bundled service customers pay their share of the electrical corporation's obligations under the contracting procedures. Analysis Prepared by : Kelly Boyd / U. & C. / (916) 319-2083 FN: 0000818 AB 57 Page 4