BILL ANALYSIS SB 18 X2 Page 1 SENATE THIRD READING SB 18 X2 (Burton) As Amended September 6, 2001 2/3 vote. Urgency SENATE VOTE :35-2 ENERGY 18-0 APPROPRIATIONS 15-0 ----------------------------------------------------------------- |Ayes:|Wright, Pescetti, Bill |Ayes:|Migden, Bates, Aroner, | | |Campbell, | |Ashburn, Washington, | | |John Campbell, | |Daucher, Goldberg, Robert | | |Canciamilla, Diaz, | |Pacheco, Papan, Pavley, | | |Dickerson, Dutra, Florez, | |Runner, Simitian, | | |Jackson, Keeley, Leonard, | |Thomson, Wiggins Zettel | | |Oropeza, Reyes, Richman, | | | | |Steinberg, Vargas, Wesson | | | | | | | | ----------------------------------------------------------------- SUMMARY : Requires that the bond repayment mechanism specified for Department of Water Resources (DWR) procurement financing be fixed by an irrevocable California Public Utilities Commission (CPUC) bond financing order. Specifically, this bill : 1)Requires that the financing order be sufficient to pay costs of issuing, servicing and retiring DWR bonds. 2)Provides for adjustment to the repayment mechanism as required. 3)Requires the bond set-asides to be designated as a separate rate component on an electrical corporation's retail end-user's bill. 4)Requires that a DWR set-aside rate component consist of and be derived from a portion of rate levels already established an in effect on August 31, 2001. 5)Establishes DWR Bond Repayment Fund continuously appropriated to DWR and available for the purpose of payment of bond financing costs. 6)Entitles CPUC to review the revenue requirements of DWR and SB 18 X2 Page 2 requires CPUC to conduct at least one public hearing and provide for public comment prior to adoption of revenue requirements. EXISTING LAW : 1)Authorizes DWR to contract with an electrical corporation to provide transmission and distribution of power procured by DWR on terms and conditions that reasonably compensate the electrical corporation for its services. 2)Requires DWR to establish and revise certain revenue requirements relating to purchase and sale of electric power. 3)Requires DWR to establish and revise certain revenue requirements. FISCAL EFFECT : Unknown - potentially up to $620,000. COMMENTS : Under existing law (AB 1 X1, Chapter 4, Statutes of 2001) DWR is authorized to contract with electrical corporations to provide transmission, distribution and billing and collection services to retail end use customers for power procured by DWR. The electrical corporation is entitled to reasonable compensation for its services. DWR is also authorized under existing law to issue revenue bonds not to exceed a certain amount subject to approval of the Director of the State Department of Finance. Finally, existing law allows DWR to have CPUC issue financing orders to recover revenue requirements determined by DWR. Crucial to DWR's procurement role is its ability to ensure that bonds are sold at investment grade rating, and that the bonds are repaid on a timely basis from pledged revenues. Because the state has assumed the electrical corporation's procurement responsibilities during the state's energy crisis and a time of financial uncertainty for the electrical corporations, the state had to issue bonds to finance costly energy purchases. Unlike investor owned utilities, subject to review of revenue requirements due to their monopoly nature and lack of incentive to keep costs down, DWR is a state agency with no motivation to increase costs. DWR also has built in accountability through the governor, an elected official accountable for the agency's performance. However, in order to complete financing of DWR SB 18 X2 Page 3 procurement costs, lender's require a rate agreement with CPUC to ensure a sufficient revenue stream for repayment of the bonds. Under the agreement CPUC is required to pass through DWR's costs without review in an expedited manner. Given this reality, SB 18 X2 requires the bond repayment set-aside, the rate mechanism for timely repayment of DWR costs, to be fixed by an irrevocable CPUC bond financing order sufficient to pay all costs of issuing, servicing and retiring bonds. The bill further requires CPUC to be able to adjust the rate mechanism as required to ensure continued repayment at sufficient levels. The rate component must be identified separately on customer's bills, so that it is easily identifiable, and that it be derived from a portion of rate levels already in effect as of August 31, 2001. This bill establishes a DWR Bond Repayment Fund, continuously appropriated to DWR and available to the department for payment of principal, premium, if any, and interest on the bonds. The bill also requires that revenues from the repayment set-aside are to be deposited in DWR Bond Repayment Fund. Revenue requirement treatment for DWR is separate and apart from traditional revenue requirement treatment of electrical corporations subject to CPUC jurisdiction. This bill requires that DWR adjust its revenue requirement relating to purchase and sale of electric power and provide CPUC of adjustments as the department determines is appropriate. CPUC is required to periodically review the revenue requirement of the department, and entitles CPUC to obtain and review any information it deems necessary to conduct such reviews. Finally, CPUC is required to open a proceeding and conduct at least one public hearing taking public comment on DWR's revenue requirement prior to its adoption. In the normal course of utility regulation CPUC would open a formal evidentiary proceeding to determine and adopt of revenue requirement. However, DWR is a state agency procuring power on behalf of the state and recovering only reasonable costs of procurement. CPUC is also a state agency. It is problematic for CPUC to review, and especially to reject or request revision to a DWR revenue requirement. This bill puts into place specific guidelines for calculation of DWR's revenue requirement to ensure that an appropriate amount is always recovered in rates sufficient to repay bond costs without including extraneous amounts. SB 18 X2 Page 4 This bill specifies that DWR's revenue requirement includes only costs necessary to pay actual costs of: procuring power; contracting for purchase of power; administrative costs; purchase of natural gas pursuant to a power procurement contract; transmission and distribution facilities use costs; and amounts required to enable DWR to comply with Section 80134 of the Water Code. Administrative costs are strictly defined as reasonable expenses inclusive of consulting, legal, technical or engineering service costs incurred by DWR in administering this law. Finally, this bill clarifies that DWR Bond Set-Aside is a rate to recover a separate dedicated revenue stream fixed by CPUC bond financing order. In short, this bill revises certain rate specific areas first detailed in SB 31 X1 (Burton), Chapter 9, Statutes of 2001. SB 18 X2 indirectly preserves the opportunity for potential direct access. The lending community has been fearful of direct access in financing bonds for DWR procurement, believing that migration to alternative electric service providers will raise DWR's unit costs, resulting in higher DWR rates for power. By avoiding a rate agreement and using a non-bypassable set-aside, the fear of direct access is minimized, as the costs are not avoidable simply by changing providers. While this bill does not address direct access, its provisions are not inconsistent with resumption of direct access with an exit fee to assist in recovery of DWR contract costs and with imposition of a non-bypassable set-aside to recover DWR procurement costs. One of the major changes from the direction given in AB 1 X1 is that this bill places repayment of contract costs above the priority given to bond repayment. This bill's establishment of the Bond Repayment Set-Aside Fund provides that bond repayments are not made into the Electric Power Fund established in AB 1 X1, and in that way do not violate the previous legislation. Proceeds from the bond sale go into the Electric Power Fund, ensuring that cash is available to pay contract costs. The non-bypassable charge on retail end user bills goes into the new set-aside fund to repay the bonds. It is arguable that security for the bonds is lost in this process. The contracts are controversial, as it has been revealed that very high unit costs per kilowatthour (kWh) were paid, and it has been urged that DWR renegotiate those contracts. Whether or not that renegotiation takes place, the contract costs are recovered through the Electric Power Fund. SB 18 X2 Page 5 This bill appears to neither help nor hurt the effort to renegotiate the contracts and reduce going forward procurement costs of the department, and reduce passed on costs to users. What this bill does is establish different revenue streams for contract payments and bond repayment. Bond proceeds directly pay contract costs, whether or not those costs can be reduced through re-negotiation. End user rate revenues through the non-bypassable DWR set-aside go into the separate fund to repay the bonds. Analysis Prepared by : Kelly Boyd / E. C. & A. / (916) 319-2083 FN: 0003263