BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 425
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          ASSEMBLY THIRD READING
          AB 425 (Richman)
          As Amended May 29, 2003
          Majority vote. 

           UTILITIES AND COMMERCE     13-0 APPROPRIATIONS      20-0        
           
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          |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
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            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
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          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

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