BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1976
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          Date of Hearing:  June 17, 2002

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                              Roderick D. Wright, Chair
                  SB 1976 (Torlakson) - As Amended:  April 30, 2002

                              AS PROPOSED TO BE AMENDED
                                          
           SENATE VOTE  :  38-0
           
          SUBJECT  :  State Energy Resources Conservation and Development  
          Commission: report: real-time pricing.

           SUMMARY  :  Requires the California Energy Commission (CEC) to  
          report on real-time electricity pricing tariffs.  Specifically,  
           this bill  :   

          1)Requires CEC to consult with the California Public Utilities  
            Commission (PUC) and report, by March 2003, to the Legislature  
            and the Governor regarding the feasibility of implementing  
            real-time pricing tariffs for electricity in California.

          2)Specifies that the report shall consider:

             a)   How wholesale real-time prices would be calculated and  
               made available to customers;

             b)   Options for day-ahead and hour-ahead retail prices;

             c)   Options for facilitating customer response to real-time  
               prices and managing total customer costs;

             d)   Estimates of potential peak load reductions, including  
               shifting of peak load demand to off-peak periods;

             e)   Options for incorporating demand responsiveness into the  
               wholesale competitive market and operations of the  
               California Independent System Operator; and

             f)   Options for ensuring customer protection under a  
               real-time pricing scenario, including identifying how to  
               safeguard groups who may be disproportionately vulnerable  
               to the impact of volatile prices. 

           EXISTING LAW  :








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          Requires CEC to conduct an ongoing assessment of the  
          opportunities and constraints presented by all forms of energy.

           FISCAL EFFECT  :  Unknown.




           COMMENTS  :  

          Restructuring of the electricity markets over the last years  
          throughout the nation has brought about new challenges to  
          electric utilities.  In the past in a regulated environment,  
          electric utilities usually had guaranteed profit on every  
          kilowatt-hour of electricity sold.  A market-based electricity  
          market no longer guaranties profit.

          Real-time pricing (RTP) is aimed at businesses using more than  
          200 kilowatt-hours.  Facilities affected would range from  
          smaller factories to expansive office complexes.  To put RTP in  
          motion, CEC has awarded $35 million to the state's three major  
          investor-owned utilities (IOUs) to buy 20,000 sophisticated  
          meters that track price in 15-minute intervals.  The meters  
          would be distributed free.

          Under RTP, the electricity price is no longer constant over the  
          day but it changes every hour.  The customer usually receives  
          the next day's hourly prices one day in advance.  The utility  
          bases the next day's hourly prices on the expected hourly  
          electricity production cost for the next day.  Real-time prices  
          vary greatly because the production costs of a utility vary  
          greatly from hour to hour depending on the utility's load and  
          the different types of power plants that have to be operated to  
          satisfy the demand.

          Commercial, industrial and agricultural customers, as well as a  
          small number of residential customers currently have time of use  
          tariffs in place.  Time of use rates set two or three different  
          prices for different times of the day, with differing rates  
          depending on the season.  The time of use tariff does not  
          reflect actual day-to-day variations in demand and price. 

          Puget Sound Energy in Bellevue, Washington, was the first  
          electricity distribution utility in the nation to provide a  








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          time-of-use price and comparative time-of-day consumption  
          information to all customers.  This program exposes customers to  
          the cost savings and efficiency benefits of shifting electricity  
          demand to off-peak periods.  In a review of Puget's program, the  
          U.S. Department of Energy reports that 89% of Puget's customers  
          using real-time metering and the time of use tariff shifted at  
          least some of their energy use from peak hours to off-peak  
          hours.  On average, customers shifted five percent of their peak  
          period load to off-peak hours. 

          This bill requires CEC to determine exactly how prices would be  
          calculated, the options for managing a RTP program, estimates of  
          potential peak load reductions, and how that will all work in  
          harmony with the grid operation.  

          RTP for customers of IOUs requires PUC to adopt an RTP tariff.   
          Last May, CEC petitioned PUC to implement an RTP tariff as an  
          alternative to PUC-administered interruptible program for  
          customers with loads greater than 200 kilowatts.  Many of these  
          customers have received real-time meters pursuant to a program  
          established by AB X1 29 (Kehoe), Chapter 8, Statutes of 2001,  
          which appropriated $35 million to CEC for installation of  
          real-time meters.  According to CEC, this program will result in  
          the installation of 22,000 meters statewide, but without a RTP  
          tariff, little else can happen in the program. 

          In August, PUC rejected CEC's proposed RTP tariff and instead  
          ordered IOUs to propose RTP tariffs.  Each of the IOUs filed RTP  
          proposals in August.  PUC has not taken any further action on  
          the proposed RTP tariffs, but with increasing amounts of power  
          purchased in longer-term bilateral contracts, it becomes  
          increasingly difficult to find a benchmark reflecting the real  
          time price of electricity. 

          There are two legislatively mandated reports outstanding on the  
          subject of real-time pricing.  One was due March 31, 2002, SB  
          1388 (Peace), Chapter 1040, Statutes of 2000.  The other is due  
          June 30, 2002, AB X1 29 (Kehoe), Chapter 8, Statutes of 2001.

          The first has not been completed because it is contingent on the  
          end of IOUs' rate freeze.  The second has not been funded.  Both  
          address the feasibility and efficacy of real-time pricing by  
          requiring pilot studies.  The report required by this bill could  
          be regarded as duplicating these required studies.









                                                                  SB 1976
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           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          Air Conditioning and Refrigeration Institute
          Building Owners and Managers Association (if amended to provide  
          for sub-metering)
          Charles River Associates
          Office of Ratepayer Advocates
          CPUC
          SchlumbergerSema
          
            Opposition 
           
          None on file.

           Analysis Prepared by  :    Paul Donahue / U. & C. / (916) 319-2083