BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 583
                                                                  Page A
          CONCURRENCE IN SENATE AMENDMENTS
          AB 583 (Leslie)
          As Amended  June 19, 2003
          Majority vote
           
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          |ASSEMBLY:  |73-0 |(April 24,      |SENATE: |37-0 |(July 7, 2003) |
          |           |     |2003)           |        |     |               |
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           Original Committee Reference:   U. & C.  

           SUMMARY  :  Exempts the sale of specified electric generation  
          facilities by public utilities from a temporary ban imposed by  
          law. 
           
          The Senate amendments  further narrow the scope of the exemption  
          by providing that an electric generation facility located  
          outside the state may be disposed of if, among other things, it  
          is not necessary to serve that utility's customers 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. 

           AS PASSED BY THE ASSEMBLY  , this bill authorized the sale,  
          transfer or other disposition of an interest in an electric  
          generation facility that is located outside of California, and  
          is owned exclusively by a public utility that serves 60,000 or  
          fewer connections in California.

           FISCAL EFFECT  :  Minor absorbable special fund costs for PUC to  
          provide orders authorizing the sale on any generating  
          facilities.









                                                                  AB 583
                                                                  Page B

           COMMENTS  :  Among other things, the electricity restructuring  
          law, AB 1890 (Brulte), Chapter 854, Statutes of 1996, separates  
          the major functions of electric service (i.e., generation,  
          transmission, and distribution) in order to create a competitive  
          generation market.

          Decisions of PUC, D.95-12-063, modified in D.96-01-009, required  
          the investor-owned utilities (IOUs) to divest at least 50% of  
          their fossil-fuel electric generating assets.  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 2000-01, the Legislature enacted AB X1 6  
          (Dutra), Chapter 2, Statutes of the 2001-02 First Extraordinary  
          Session, 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.  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. 

          AB 583 exempts the companies from the moratorium, but they would  










                                                                  AB 583
                                                                  Page C
          continue to be required to obtain an order from PUC<1>  
          authorizing the sale of the asset before consummating the sale.   


          Previous legislation:  AB 1235 (Leslie), Chapter 840, Statutes  
          of 2002, provides an exemption for the divestiture of several  
          specified out of state assets owned by PacifiCorp and Sierra  
          Pacific.  AB 583 simply exempts any out of state generation  
          facility owned by these entities from the moratorium. 
           

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



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          <1> 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.  Public Utilities Code Section 853 also allows  
          the PUC to exempt a public utility from the laws governing  
          utilities if the public interest so requires.