BILL ANALYSIS                                                                                                                                                                                                                   1
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             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  
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                                   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