BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 583
                                                                  Page A
          Date of Hearing:  April 1, 2003

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                                 Sarah Reyes, Chair
                    AB 583 (Leslie) - As Amended:  March 25, 2003
           
          SUBJECT  :  Generation facilities: regulation.

           SUMMARY  :  Exempts the sale of specified electric generation  
          facilities by public utilities from a temporary ban imposed by  
          law.  Specifically,  this bill  :  

          Permits the sale, transfer or other disposition of an interest  
          in an electric generation facility that is:

             a)   located outside of California; and  

             b)   owned exclusively by a public utility that serves 60,000  
               or fewer connections in California.

           EXISTING LAW  :

          1)Prohibits any electricity generating facility owned by a  
            public utility to be sold or otherwise disposed of prior to  
            January 1, 2006.

          2)Provides for the California Public Utilities Commission (PUC)  
            regulation of electric generation facilities that are owned by  
            a public utility.

          3)Specifies a process whereby a public utility can seek to  
            obtain PUC authorization to sell or dispose of ownership of an  
            electric generation facility. 

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :   

          Among other things, the electricity restructuring law, AB 1890  
          (Brulte)<1> separated the major functions of electric service  
          (generation, transmission, and distribution) in order to create  
          a competitive generation market.



          ---------------------------
          <1> Chapter 854, Statutes of 1996.









                                                                  AB 583
                                                                  Page B
          Decisions<2> of PUC required the investor-owned utilities (IOUs)  
          to divest at least 50% of their fossil-fuel electric generating  
          assets.  The IOUs have divested most of their generating assets,  
          including a large number of natural gas power plants. 

          Under existing law, IOU generation assets are subject to rate  
          regulation by PUC and shall continue to be subject to PUC  
          regulation until the owner of those facilities has obtained  
          approval of PUC to dispose of those facilities.  During the  
          energy crisis of 2000-2001, the Legislature enacted AB X1 6  
          (Dutra)<3>, which prohibits the sale or disposal of any electric  
          generating facility owned by a public utility until January 1,  
          2006.  

          The moratorium on the sale of generation assets for utility  
          companies doing business in California was intended to halt any  
          further divestiture of California assets during the energy  
          crisis.  

           Sale or transfer of out-of-state power plants 
           
          The sponsors of this bill, Sierra Pacific Power Company and  
          PacifiCorp, own electric generating assets outside the state of  
          California, but are public utilities under California law  
          because each serves electricity to retail customers within the  
          state.

          PacifiCorp serves customers in the northernmost region of the  
          state and Sierra Pacific serves customers in the Lake Tahoe  
          region.  Apparently neither company serves greater than 50,000  
          customers within California.

          Because the companies are under the jurisdiction of state public  
          utilities laws, the moratorium on the sale or divestiture of  
          electric generation assets applies to them despite the minimal  
          nature of their contacts with the state and that the plants are  
          located in other states. 

          This bill exempts the companies from the moratorium, but they  




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          <2> D.95-12-063, modified in D.96-01-009.
          <3> Chapter 2, Statutes of 2001.












                                                                  AB 583
                                                                  Page C
          would continue to be required to obtain an order from PUC<4>  
          authorizing the sale or transfer of the asset before  
          consummating the sale.  

           Previous legislation  

          Last year, AB 1235 (Leslie)<5> was signed in to law and it  
          provided an exemption for the divestiture of several specified  
          out of state assets owned by PacifiCorp and Sierra Pacific.   
          This bill simply exempts any out of state generation facility  
          owned by these entities from the moratorium. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          PacifiCorp
          Sierra Pacific Power Company

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Paul Donahue / U. & C. / (916) 319-2083  

















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          <4> Public Utilities Code Section 851 requires a public utility  
          to obtain PUC approval prior to selling utility property that is  
          "necessary or useful" to the utility as it performs its duties  
          to the public.

          <5> Chapter 840, Statutes of 2002.