BILL NUMBER: AB 69 VETOED DATE: 10/14/2001 10/14/01 To Members of the California State Assembly: I am returning Assembly Bill 69 without my signature. This bill would allow specific governmental entities in Los Angeles County, which are currently Southern California Edison customers, to enter into direct-access electricity contracts with the Los Angeles Department of Water and Power. Last June, approximately two percent of the customer load in the territory served by the three investor-owned utilities (IOUs) were receiving power from direct access providers. The Public Utilities Commission (PUC) recently suspended direct access, but the percentage of load subject to direct access transactions grew to as much as 13 percent or more prior to the suspension. That growth creates a significant and unfair cost burden for those customers who continue to receive power from the IOUs and the Department of Water Resources. This rapid growth in direct access necessitates more concise cost-containment provisions for the remaining IOU customers than those contained in this bill, and those provisions should apply to all direct access contracts. Moreover, this bill does not clearly authorize fees to cover costs that may result when direct access customers return to service with an IOU, which would create new and unanticipated procurement obligations for the IOU. Those new procurement obligations could come about solely because the direct access provider no longer chooses to provide service to its customers because of rising electricity costs, and instead passes that burden on to the IOU and its customers. Any efforts to allow direct access must be equitable for all stakeholders. Sincerely, GRAY DAVIS