BILL ANALYSIS AB 425 Page 1 ASSEMBLY THIRD READING AB 425 (Richman) As Amended May 29, 2003 Majority vote. UTILITIES AND COMMERCE 13-0 APPROPRIATIONS 20-0 ----------------------------------------------------------------- |Ayes:|Reyes, Richman, Campbell, |Ayes:|Steinberg, Bates, | | |Canciamilla, Diaz, | |Calderon, Lowenthal, | | |Longville, | |Daucher, Diaz, Firebaugh, | | |La Malfa, La Suer, | |Haynes, Maldonado, | | |Levine, Maddox, Nunez, | |Nation, | | |Ridley-Thomas, Wolk | |Negrete McLeod, Nunez, | | | | |Pacheco, | | | | |Ridley-Thomas, Runner, | | | | |Samuelian, Simitian, | | | | |Wiggins, Yee, Chu | ----------------------------------------------------------------- SUMMARY : Extends the statutory authority for interruptible or curtailable service programs administered by the investor-owned utilities (IOUs). Specifically, this bill : 1)Requires each 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 initially set the rate for interruptible or curtailable service at a level equal to the incentive level currently authorized by PUC. PUC may subsequently adopt a different cost based pricing incentive. 3)Establishes an initial 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. PUC may subsequently adopt a different noncompliance penalty. 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 IOUs to eliminate any incentive that is included in AB 425 Page 2 an optional interruptible or curtailable service that PUC has not set the cost based pricing for after January 1, 2004. IOUs shall eliminate these optional incentives before January 1, 2005 or at the date of the next PUC final decision on the IOUs general rate case proceeding. EXISTING LAW : 1)Authorizes PUC to establish rates for public utilities, including electrical corporations or IOUs. 2)Requires PUC to maintain efforts to reduce the rates charged heavy industrial customers to a level competitive with other states, and to do so without shifting recovery of costs to other customer classes. 3)Specifies that PUC shall continue the availability of optional interruptible or curtailable service at least until March 31, 2002. FISCAL EFFECT : According to the Assembly Appropriations Committee, minor absorbable special fund costs to PUC. COMMENTS : California's three IOUs have interruptible programs targeted mainly at industrial and large commercial customers. The Independent System Operator (ISO) activates these interruptible or curtailable programs when electric generation reserves fall below 5%. The activation of the programs reduces demand on the electric grid and helps prevent the need for rolling blackout. Customers participating in these programs receive a discount off their electric rates in exchange for agreeing to be interrupted up to a specified number of hours each year. The specified customers agree to interrupt electric service for up to 6 hours per event, and up to 150 hours per year. The participating customers get roughly a one-cent per kilowatt-hour rate incentive in return. The statutory authority under which IOUs operate these programs expired March 31, 2002. PUC extended these programs and is currently considering the continuation of the demand reduction programs administered by IOUs as a component of their respective general rate cases, which are expected to be complete by the end of this year. The author and the sponsor wish to ensure that the statutory AB 425 Page 3 directive to continue these programs continues, at least until December 31, 2008. Opponents object to continuation of a "multi-billion dollar subsidy" which provides poor and expensive insurance against blackouts. Real Time Meters: Opponents also believe that the program conflicts with the goal of encouraging a price-responsive demand response from large customers, such as real time metering. In SB X1 5 (Sher), Chapter 7, Statutes of 2001 First Extraordinary Session, the Legislature appropriated $35 million from the General Fund to install real time meters for large industrial customers. Real time meters are designed to elicit a demand response from customers who pay electric rates according to a real time tariff tying the rates to changes in the on the spot market price of electricity. Opponents object to the fact that large industrial customers are proposing to continue the interruptible rate program while supporting only a voluntary real time billing program during current PUC proceedings. Analysis Prepared by : Edward Randolph / U. & C. / (916) 319-2083 FN: 0001620