BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1055
                                                                  Page  1

          Date of Hearing:   September 12, 2001

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                              Carole Migden, Chairwoman

                   SB 1055 (Morrow) - As Amended:  August 23, 2001 

          Policy Committee:                              Utilities and  
          Commerce     Vote:                            13-0

          Urgency:     Yes                  State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill requires the Public Utilities Commission (PUC), when  
          establishing priorities among types or categories of electrical  
          or gas customers for exemption from rotating blackouts, to:

          1)Include as a consideration a determination of unacceptable  
            jeopardy or imminent danger to public health and safety.  

          2)Consider the effect on nonpriority customers of providing a  
            high priority to some customers.

           FISCAL EFFECT  

          Negligible costs to the PUC.

           COMMENTS  

           1)Background  .  Three months ago, the PUC issued a decision  
            revising the list of "essential customers" who are exempt from  
            rotating outages (D.01-05-089).  The list includes essential  
            public services such as police, fire, hospitals, government  
            agencies essential to the national defense, and specified  
            customers who agree to reduce their usage during rotating  
            outages.

           2)Category "M" Exemptions.   In D.01-05-089, in addition to  
            establishing a revised list of essential customers, the PUC  
            also created a new class of "essential use" business  
            customers, referred to as Category M exemptions.  In order to  
            qualify for the Category M exemption, an applicant must  
            demonstrate that including them in a rotating outage would  








                                                                  SB 1055
                                                                  Page  2

            present unacceptable jeopardy, or imminent danger, to public  
            health and safety.  The PUC reviewed applications from 568  
            skilled nursing facilities but only granted exemptions to 88  
            facilities due to the commission's requirement that the  
            investor-owned utilities maintain at least 40% of the  
            electrical load in order to maintain reliability of the  
            electric grid.  California has 1,200 skilled nursing  
            facilities.  Exempting all of these facilities from rotating  
            outages would, according to the PUC, reduce by 6,000 MW the  
            amount of load available for rotating outages and reduce the  
            load available to only 38% of total load.  

           3)PUC Draft Decision to Investigate Exempting Skilled Nursing  
            Facilities  .  In a recent draft decision, the PUC decided to  
            further investigate the feasibility of exempting all skilled  
            nursing facilities from rotating outages.  PUC noted that  
            patients in skilled nursing facilities are particularly  
            vulnerable, and that it may be worth considering lowering the  
            40% load requirement in light of changes in technology and  
            risk assessment.  SB 1055 requires the PUC to consider the  
            negative health effects that can be caused by rotating  
            outages, and codifies the PUC's Category M exemption standard  
            with regard to rotating outage exemptions.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916)319-2081