BILL ANALYSIS AB 425 Page 1 Date of Hearing: May 7, 2003 ASSEMBLY COMMITTEE ON APPROPRIATIONS Darrell Steinberg, Chair AB 425 (Richman) - As Amended: April 30, 2003 Policy Committee: Utilities and Commerce Vote: 13-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill: 1)Requires each investor-owned utility (IOU) to continue the availability of optional interruptible or curtailable electric service, for customers with demand in excess of 500 kilowatts, through 2008. 2)Requires the Public Utilities Commission (PUC) to establish a rate for interruptible or curtailable service that reflects a cost-based pricing incentive equal to the level of incentive authorized by the PUC as of May 1, 2003. 3)Establishes a penalty of $9.30 per kilowatt hour for excess power taken by interruptible or curtailable service customers that do not shed electrical load when called upon by an IOU. 4)Requires an IOU to remove from interruptible or curtailable service a customer who fails to substantially comply with its commitment to shed load on two consecutive occasions. 5)Requires the IOUs to eliminate any incentive other than that specified in (2) by the earlier of January 1, 2005 or the date of the next final PUC decision on the IOUs' rate case proceedings. FISCAL EFFECT Minor special fund costs to the PUC. [Public Utilities Reimbursement Account] AB 425 Page 2 COMMENTS 1)Purpose . California's three IOUs have interruptible programs targeted mainly at industrial and large commercial customers. Participating customers receive a discount off their electric rates in exchange for agreeing to be interrupted for up to a specified number of hours each year during times when electricity reserves fall below acceptable levels. The statutory authority for these programs expired March 31, 2002. The PUC extended the programs administratively and is currently considering continuation of demand reduction programs as a component of the IOUs' respective general rate cases, which are expected to be complete by the end of this year. The author and the sponsor, California Large Energy Consumers Association, wish to ensure that the statutory directive to continue the programs continues at least until through 2008. As introduced, the bill required the pricing incentive for interruptible service to be kept at the level effective in June 1996. The author has amended the bill to give the PUC the ability to establish a cost-based incentive, within specified parameters, and to establish sanctions for interruptible customers who do not comply with IOU requests to shed load. 2)Opposition . The bill, as introduced, was opposed by The Utility Reform Network (TURN), who objected to continuation of what it believes is a multi-billion dollar subsidy that provides poor and expensive insurance against blackouts. TURN also maintained that the program conflicts with the goal of encouraging a price-responsive demand response from large customers, such as that accomplished by real time metering. The PUC also opposed the measure due to the price incentive freeze. At the time this analysis was written, both TURN's and the PUC's position on the amended bill were unknown. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081