BILL ANALYSIS 1 1 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE DEBRA BOWEN, CHAIRWOMAN SB 41XX - Speier Hearing Date: May 22, 2001 S As Introduced: May 17, 2001 FISCAL/URGENCY B X 2 4 1 DESCRIPTION Current law requires the California Public Utilities Commission (CPUC) to establish a baseline quantity of electricity and gas which is necessary to supply a significant portion of the reasonable energy needs of the "average residential customer." All residential customers receive a baseline allowance - an allowance that isn't based on a person's income level or individual family size. The per-kilowatt-hour (kwh) cost of energy under the baseline allowance is less than the per-kwh cost of energy in excess of the baseline allowance. In determining the baseline quantities, the CPUC is required to take into account differentials in energy needs between all-electric customers and customers supplied with both electricity and natural gas. The CPUC is also required to account for differentials in energy use by climatic zone and season. Current law defines "baseline quantity" as the amount of electricity or natural gas for residential customers based on 50%-60% of average residential consumption, except that for all-electric customers the baseline quantity shall be from 60%-70% of average residential consumption during the winter heating season. Current law requires the CPUC to review and revise baseline quantities as average consumption patterns change in order to maintain the above-noted ratios. Current law requires a customer dependent on life-support equipment to be given an additional allocation of baseline energy. This bill requires the CPUC to consider household size in the determination of baseline quantities, and to increase those quantities accordingly, up to an unspecified maximum number of inhabitants. BACKGROUND Each investor-owned utility (IOU) has a "baseline rate" that varies by climate zones and by time of year. Energy bought up to the baseline limit is priced less on a per-kwh basis than energy bought over that level. What was a two-tiered system has, in the wake of a recent decision by the CPUC, effectively become a five-tier system with the per-kwh cost of energy going up as a customer's energy use rises through the various tiers. Shown below are sample baseline quantities and rates for some cities for residences with gas and electric service: City summer baseline rate non-baseline rate (kwh/month) (cents/kwh) (cents/kwh) Palm Springs 1299 13.01 15.16 - 25.94 Compton 277 13.01 15.16 - 25.94 San Diego 249 12.82 15.28 San Francisco 231 12.59 14.32 - 25.83 Fresno 468 12.59 14.32 - 25.83 Baseline quantities vary by season (winter/summer), climate, and whether the residence is all electric or electric and gas. Pacific Gas & Electric (PG&E) has 10 climatic zones, Southern California Edison (SCE) has 6, and San Diego Gas & Electric (SDG&E) has 3. The maximum and minimum monthly baseline quantities for each utility are shown below: Maximum Minimum (kwh/mo) (kwh/mo) PG&E 505 195 SCE 1,299 277 SDG&E 347 252 For PG&E 17% of its electricity is sold at baseline rates, while for SCE, 14% of its electricity is sold at baseline rates. AB 1X (Keeley) Chapter 4, Statutes of 2001, barred the CPUC from raising rates for the first 130% of baseline residential usage. The CPUC is planning on opening an investigation into baseline allowances this month to look at, among other things, whether the baseline quantities need to be revised and whether other criteria should be used in determining baseline allowances. COMMENTS 1.History . The notion of a baseline rate for electricity and natural gas customers was first created in 1975 and was known at the time as a "lifeline rate." The original statute, which has been amended numerous times over the years, required the CPUC to designate a lifeline volume of gas and a lifeline quantity of electricity necessary to supply the "minimum energy needs of the average residential user for the following end uses: space and water heating, lighting, cooking and food refrigerating . . ." In 1982, the "lifeline rate" was replaced with "baseline rate" to provide for a basic quantity of service priced at a discount from the system average rate specified in the statute. The current structure of defining the "baseline quantity" as the amount of electricity or natural gas for residential customers based on 50%-60% of average residential consumption, except that for all-electric customers the baseline quantity shall be from 60%-70% of average residential consumption during the winter heating season, was added to the codes in late 1980's or early 1990's. 2.Updating The Baseline . While current law requires the CPUC to review and revise baseline quantities as average consumption patterns change, it doesn't specify how frequently the CPUC should undertake such a review. The CPUC last updated the baseline in the early 1990's. The author and committee may wish to consider amending the bill to require the CPUC to review and revise (if necessary) the baseline quantities on a regularly scheduled basis. 3.Adding (More) People To The Calculation Of The Baseline . When calculating the baseline quantity, the CPUC is required to take into account the season, the climate, and the type of energy (electricity or natural gas) used. Because the baseline is based on the "average residential consumption," it already factors into that equation the "average" number of people living in a home. This bill requires the CPUC to consider the number of inhabitants of each residence and raise the baseline amount accordingly, up to an undefined number of inhabitants. While this requirement appears to more precisely allocate baseline quantities based on usage, it also raises a number of questions the author and committee may wish to consider . For example, how would a utility establish and verify the number of inhabitants that are attached to each customer's bill? Would it be a self-certification process or would some verification be necessary? (Participants in the CARE program, which provides a discount to low income individuals, self-certify their participation in the program, as do participants in the Universal Lifeline Telephone Service Program). While this bill requires the baseline to rise if a home contains more than the average number of inhabitants, it doesn't require the baseline to drop in homes that have fewer than the average number of inhabitants. Is that appropriate? This bill contains a blank next to the maximum number of inhabitants that the CPUC has to take into account when providing baseline adjustments. The author and committee may wish to consider how that number should be filled in and whether the Legislature should move away from the "average" concept associated with the baseline and to one that provides specific adjustments based on one factor up to a specified number of people. 4.Zero Sum . To the extent this bill provides for additional sales at discounted baseline rates, the amount of money collected by the investor-owned utilities and the Department of Water Resources will drop and will have to be made up by increasing rates for other electricity users. This raises equity questions, as other ratepayers may object to further subsidizing baseline customers, particularly in light of the provisions of AB 1X that exempt 130% of baseline usage from rate increases. This potential inequity could be dealt with by requiring any reallocation of the baseline allowance to not increase the total amount of electricity sold at baseline rates. Customers with a single person would see their baseline drop while residences with four people would get a larger baseline allowance. This has the benefit of keeping any cost shifts within the baseline beneficiaries, but it does require single-person customers to subsidize the electricity rates of households with more inhabitants. Another way to address the issue would be to reduce the discount for each kilowatt hour of electricity sold under the baseline. 5.Permitting Adjustments Based On One Factor Highlights Other Inequities . The current baseline is, essentially, set based on a percentage of an average customer's energy use. That "average customer" has an average number of people living in the home with him or her, lives in a home of average size, has a home that is of average age, the home has an average amount of insulation, etc. By requiring the CPUC to, as this bill does, increase the baseline solely for customers who have a larger-than-average number of people living with them, it raises the question of whether adjustments should be made based on home size, age of home, etc. Taken to the extreme, requiring the CPUC to "customize" baseline levels based on the number of inhabitants, etc. arguably defeats the purpose of having a baseline in the first place. Because it is a zero sum equation, providing relief to a certain group of customers requires a different group of customers to finance that relief. POSITIONS Sponsor: Author Support: None on file Oppose: None on file Randy Chinn SB 41XX Analysis Hearing Date: May 22, 2001