BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2898
                                                                  Page  1

          ASSEMBLY THIRD READING
          AB 2898 (Pescetti)
          As Amended April 4, 2002
          Majority vote 

           UTILITIES AND COMMERCE     13-0 APPROPRIATIONS      19-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Wright, Pescetti,         |Ayes:|Steinberg, Bates,         |
          |     |Calderon,                 |     |Alquist, Cohn, Corbett,   |
          |     |John Campbell,            |     |Correa, Daucher, Diaz,    |
          |     |Canciamilla, Cardenas,    |     |Firebaugh, Maldonado,     |
          |     |Diaz, Horton, Kelley,     |     |Negrete McLeod, Robert    |
          |     |La Suer, Maddox, Papan,   |     |Pacheco, Papan, Pavley,   |
          |     |Reyes                     |     |Runner, Washington,       |
          |     |                          |     |Wiggins, Wright Zettel    |
           ----------------------------------------------------------------- 

           SUMMARY  :  Codifies in statute portions of a 1998 decision by the  
          California Public Utilities Commission (PUC) adopting a new  
          regulatory framework (NRF) program and associated rules.  
          Specifically,  this bill  : 

          1)Specifies that any price cap price cap index productivity  
            factor, sharing mechanism, and related elements of NRF shall  
            continue to be suspended, consistent with a 1998 PUC decision  
            concerning NRF that pertained to SBC-Pacific Bell and Verizon.

          2)Applies the suspension of price cap and sharing components of  
            NRF, ordered by PUC in the above decision, to each telephone  
            company that is regulated by PUC under NRF.

          3)Continues PUC authority to regulate prices for all services  
            subject to its jurisdiction, and to move service between all  
            pricing categories.

          4)Clarifies that the PUC's existing authority to regulate the  
            quality of service provided by telephone corporations shall be  
            preserved.

          5)Sunsets on January 1, 2007.

          6)Makes various legislative findings with reference to the NRF,  
            and to the fact that circumstances exist making this special  
            statute valid because a general law cannot be made applicable.








                                                                  AB 2898
                                                                  Page  2


           EXISTING LAW :

          1)Grants PUC regulatory authority over local telephone  
            corporations, and authorizes PUC to establish just and  
            reasonable rates.

          2)Requires PUC to inspect and audit the books and records of  
            telephone corporations for regulatory and tax purposes at  
            least once every three years.

           FISCAL EFFECT  :  Potential savings to PUC from avoided  
          proceedings that might otherwise be undertaken regarding the  
          regulatory elements suspended in its 1998 decision.  [PUC, has  
          estimated costs of about $3 million for 36 new positions to  
          develop an alternative regulatory tools-in lieu of those being  
          suspended in the bill- to ensure just and reasonable telephone  
          rates.  However, by freezing the existing regulatory scheme with  
          respect to certain elements of NRF, AB 2898, in and of itself,  
          does not impose additional workload on PUC.  PUC's cost estimate  
          is based on how PUC might choose to respond based on the results  
          of a future audit of the company or companies.  Moreover, should  
          PUC choose to modify NRF regulation, it would have to justify  
          any request for additional staff for this purpose through the  
          budget process given PUC's existing regulatory staff and  
          workload.]

           COMMENTS  :
           
           1)Before 1989, local telephone companies, or incumbent local  
            exchange carriers (ILECs), were regulated under a  
            rate-of-return framework, which sets rates based on expenses  
            incurred in providing service, allowing a reasonable profit on  
            the utility's assets that are used to provide the service.

          In 1989, PUC adopted NRF, an incentive-based regulatory system  
            designed to promote PUC goals of universal service, economic  
            efficiency, technological advancement, rate stability, full  
            utilization of the local exchange network, and avoidance of  
            cross-subsidies and anti-competitive behavior.

          Under NRF, rates are adjusted annually based on a formula that  
            offsets inflation costs against cost decreases due to  
            increased productivity, additionally allowing cost recovery on  
            matters outside the control of the utility.








                                                                  AB 2898
                                                                  Page  3


          2)Category I, II and III services:  NRF classifies basic  
            monopoly services, like dial tone, as Category I services.   
            PUC sets prices for all Category I monopoly services.   
            Category II includes partially competitive and discretionary  
            services.  These services have price ceilings and floors  
            approved by PUC, and the regulated entity is free to adjust  
            price in between.  Utilities are allowed maximum pricing  
            flexibility for Category III, or fully competitive, services.

          3)Price Cap Index & Productivity Factor:  NRF contains a price  
            cap index formula, equal to inflation minus a productivity  
            factor, and applicable to Category I and II services.  The  
            productivity factor was designed as a substitute for market  
            forces, passing through gains in productivity to customers.   
            In 1995, PUC suspended the price cap index and productivity  
            factor on the belief that the market was evolving and that  
            market conditions did not warrant continued application of the  
            formula.

          4)Sharing:  NRF contains an earnings-sharing mechanism, which  
            includes a benchmark, ceiling and floor rate of return.  ILECs  
            retain 100% of earnings up to the benchmark, but return  
            earnings at varying percentages to ratepayers for earnings  
            above the ceiling rate of return.

          5)The NRF decision:  In the 1998 decision referred to in this  
            bill, PUC continued to suspend the price cap index and  
            productivity factor previously suspended in 1995, and began a  
            suspension of sharing for Pacific Bell and Verizon.

          PUC found that continuing the suspension of price caps and the  
            productivity factor would advance the goals of NRF and would  
            produce rates that are just and reasonable.  PUC noted that  
            suspension does not eliminate PUC authority over, or remove,  
            rate caps, floors or ceilings on Category I and II services.

          In the decision, PUC suspended sharing for Pacific Bell and  
            Verizon on the belief that sharing distorts operating and  
            investment decisions because it changes the forecast of  
            present and future cash flows, and introduces uncertainty into  
            the stream of returns.

          6)Surewest Communications & Citizens Communications:  This bill  
            applies the suspension of the price cap productivity factor  








                                                                  AB 2898
                                                                  Page  4

            and sharing articulated by PUC in the Pacific Bell-Verizon NRF  
            decision to each telephone company regulated pursuant to the  
            NRF, thus making it also effective as to Surewest & Citizens  
            Communications, the other NRF-regulated telecommunications  
            companies.

          In 2001, PUC reviewed Roseville Telephone's NRF structure and  
            among other things ordered the retention of its sharing  
            mechanism.  In Rulemaking 01-09-001, PUC is considering  
            whether to eliminate the sharing mechanism, continue the  
            suspension of the sharing mechanism, or to reinstate the  
            sharing mechanism.


           Analysis Prepared by  :    Paul Donahue / U. & C. / (916) 319-2083  



                                                                FN: 0004723