BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          SB 85XX -  Burton                                 Hearing Date:   
          July 10, 2001              S
          As Introduced:  June 11, 2001      FISCAL           B
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                                      DESCRIPTION
           
           Current law  freezes electrical rates for investor-owned utility  
          (IOU) customers at June 10, 1996 levels through March 31, 2002  
          or the date at which the utility's stranded costs have been  
          recovered, whichever comes first.  Residential and small  
          commercial customers are required to receive rate reductions of  
          10% for that same period which are financed through rate  
          reduction bonds.

           Current law  states legislative intent that not later than April  
          1, 2002, residential and small commercial customers receive a  
          total rate reduction of at least 20% (10% on top of the  
          above-noted 10% reduction) from June 10, 1996 rate levels.

          Once the 10% rate reduction expires,  this bill  bars the  
          California Public Utilities Commission (CPUC) from raising rates  
          back to the pre-10% rate reduction levels solely because the  
          mandatory rate reduction period has expired.

           This bill  does not otherwise effect the authority of the CPUC to  
          set rates.

                                      BACKGROUND
           
          A fundamental feature of the 1996 electric restructuring effort  
          was a 10% rate reduction for residential and small commercial  
          customers, accompanied by an overall rate freeze for all  
          customers through March 2002 or whenever the utility's stranded  
          costs were recovered.  Those rate reductions were financed  
          through rate reduction bonds, which are being repaid by the  











          beneficiaries of the rate reductions through a charge on the  
          utility bills.

          The Legislature and Governor restructured electric markets in  
          1996 with the notion that electric rates would be reduced.  The  
          10% statutorily required rate reduction was simply the down  
          payment, the first of what were hoped to be many subsequent rate  
          reductions.  The Legislature's electric restructuring conference  
          committee was confident enough that electric rates would  
          continue to drop that it discussed a statutory mandate of lower  
          rates subsequent to the end of the rate freeze, though that  
          effort was ultimately abandoned in favor of the statement of  
          legislative intent.









































                                       COMMENTS
           
           1)What Will Happen To Customer Rates?   While Californians can  
            still hope for lower electric rates, the reality is likely to  
            be much different than what everyone had hoped it would be.   
            Still left open is the question of what happens when the  
            statutory 10% rate reduction ends at the end of March 2002 (or  
            whenever the CPUC finds that the IOUs have paid off their  
            stranded costs).  If nothing is done, then residential and  
            small commercial customers will likely see an increase in  
            their bills.  That increase will be somewhat less than 10%,  
            because the 10% rate reduction applies to rates in effect  
            before the 1 cent per kilowatt hour increase that took effect  
            on January 4, 2001 and before the average 3 cents per kilowatt  
            hour increase authorized on March 28, 2001 that took effect  
            last month.

           2)Thawing Of Rate Freeze Alone Can't Trigger Rate Hikes  .  This  
            bill bars the CPUC from raising rates on residential and small  
            commercial customers after the end of the statutory 10% rate  
            reduction simply because the mandate for a 10% reduction  
            lapses.  This will have one of four consequences:

                 Rates for non-residential and small commercial  
               customers must rise to make up for the lost revenue.
                 Another revenue source will have to be found to  
               make up for the lost revenue.
                 The CPUC will need to find another rationale for  
               raising residential and small commercial customer  
               rates. 
                 The utilities will have to make due with less  
               revenue.

            The author notes residential and small commercial customers  
            never advocated for restructuring electric markets, yet  
            they've been hit with historic rate increases as a consequence  
            of that restructuring.  

            The Legislature made clear its 20% rate reduction expectations  
            for residential and small commercial customers in the intent  
            language of the restructuring statutes.  That expectation, the  
            only explicit finding on lower rates for any customer class,  
            won't be met.  Given that change in circumstance, the author  
            believes it's only fair that residential and small commercial  










            rates not be increased again.

           3)How Will Rate-Setting Work In A Post-Freeze World?   This bill  
            raises the larger issue of how rates will be set once the rate  
            freeze is formally ended.  At the time the deregulation  
            statute was enacted, the thought was utility distribution and  
            transmission rates would continue to be regulated on a  
            cost-of-service basis, while generation costs would be passed  
            through at market prices.  At this point, the events that have  
            unfolded over the past year seem to have resulted in electric  
            rates that are set by the CPUC subject to the requirement that  
            the CPUC provide the Department of Water Resources (DWR) with  
            sufficient revenue to cover its power procurement costs, which  
            will be revised at least annually.

           4)Effect On San Diego Gas & Electric Customers  .  SDG&E customers  
            saw their rate freeze end two years ago.  While it isn't  
            completely clear, this bill would seem to have no effect on  
            SDG&E customers.

                                       POSITIONS
           
           Sponsor:
           
          Author

           Support:
           
          The Utility Reform Network

           Oppose:
           
          California Manufacturers and Technology Association

          







































          Randy Chinn 
          SB 85XX Analysis
          Hearing Date:  July 10, 2001