BILL ANALYSIS                                                                                                                                                                                                    



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          ASSEMBLY THIRD READING
          AB 57 (Wright)
          As Amended April 26, 2001
          Majority vote

           UTILITIES AND COMMERCE     14-0 APPROPRIATIONS      14-0        
           
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          |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  







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            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  







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          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







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