BILL ANALYSIS                                                                                                                                                                                                              1
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                SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                               DEBRA BOWEN, CHAIRWOMAN
          

          AB 1284 -  Leslie                                 Hearing Date:   
          July 8, 2003               A
          As Amended:         June 17, 2003                 FISCAL/URGENCY  
                B

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                                      DESCRIPTION  

           Existing law:  

          1.Authorizes retail competition (direct access) within the  
            service areas of the investor-owned utilities (IOUs) (AB 1890  
            (Brulte), Chapter 856, Statutes of 1996).

          2.Requires the California Public Utilities Commission (CPUC) to  
            suspend the right of IOU customers to acquire direct access  
            service until the Department of Water Resources (DWR) no  
            longer supplies power to IOU customers (AB 1X (Keeley),  
            Chapter 4, Statutes of 2001).  Pursuant to AB 1X, the CPUC has  
            suspended direct access as of September 20, 2001. 

          3.Declares the intent of the Legislature that all customers  
            taking service from an IOU after the enactment of AB 1X bear a  
            fair share of specified DWR costs and that any cost shifting  
            between customers be prevented (AB 117 (Migden), Chapter 838,  
            Statutes of 2002).

           This bill:  

          1.Exempts a customer that meets specified conditions from at  
            least 1.7 cents of the 2.7 cent cost responsibility surcharge  
            (CRS) adopted by the CPUC pursuant to AB 1X and AB 117.  The  
            bill is intended to apply only to its sponsor, Sierra Pine.

          2.Declares the intent of the Legislature that bundled customer  
            indifference be achieved and that no costs be shifted as a  











            result of the bill.

          3.Sunsets January 1, 2009.

          4.Is an urgency measure.

                                      BACKGROUND
           
          As part of the restructuring of the electric industry, AB 1890  
          authorized direct access.  To avoid the dysfunctional spot  
          market that financially decimated the IOUs and threatened  
          catastrophic rate increases, AB 1X established a structure to  
          permit DWR to buy needed electricity for IOU customers under  
          long-term contracts.  To ensure the predictable revenue stream  
          necessary for long-term contracts, the issuance of  
          ratepayer-backed revenue bonds, and prevent cost-shifting from  
          direct access to bundled service customers, the CPUC was  
          directed to suspend direct access to prevent additional  
          migration of IOU customers.  After a seven-month delay, the CPUC  
          suspended direct access on September 20, 2001.

          Between January and June 2001, the vast majority of customers  
          previously served by direct access providers returned to IOU  
          service.  Many of these customers were returned without their  
          knowledge or consent by their providers as the direct access  
          market collapsed.

          However, between July 1, 2001 and September 20, 2001, thousands  
          of predominantly large industrial customers, who had taken  
          service from the state at below-market rates, departed for  
          direct access as market conditions improved.  During the July 1  
          to September 20 period, direct access increased from  
          approximately 2% to approximately 13% of the total IOU load.

          In a decision issued in November 2002 (D.02-11-022), the CPUC  
          determined direct access customers' obligation for payment of  
          DWR and IOU procurement costs, but capped the payment for these  
          costs at 2.7 cents per kilowatt hour.  The CPUC majority  
          reasoned such a cap was necessary to maintain the viability of  
          existing direct access contracts.  

          The 2.7 cent charge won't pay back what direct access customers  
          owe for DWR power already delivered, or for DWR operating costs  
          in the next few years, so a revenue shortfall or  










          "under-collection" results.  Since payment of DWR's costs (bond  
          payment and ongoing revenue requirement) can't be postponed, the  
          CPUC decision shifts the obligation to pay any shortfall from  
          direct access customers to each IOU's bundled customers, be they  
          residential, agricultural, commercial or industrial.  

          According to the CPUC, the direct access shortfall as of January  
          1, 2003 was $609 million.  The shortfall is expected to continue  
          to grow for several years.  Over time, as DWR costs decline,  
          direct access customers' payments are projected to catch up and  
          pay off this under-collection.  In the meantime, IOU customer  
          rates will have to maintained at a level high enough to support  
          this "forced loan" to direct access customers.

          Because it was returned to PG&E bundled service by its  
          then-provider, Enron, and later returned to a different direct  
          access provider, Sierra Pine has been subject to the 2.7 cent  
          CRS under the CPUC decision.  PG&E has collected over $1 million  
          in CRS charges from Sierra Pine since January 2001.  Although  
          most of the CRS is intended to cover DWR's costs, PG&E has not  
          yet remitted any of its CRS revenues to DWR.  This bill would  
          relieve Sierra Pine of an estimated $2 million annually in  
          electricity costs.

                                       COMMENTS

          1.Is a CRS waiver necessary?   The effect of this bill is to  
            provide a 1.7 cent rate discount as a business retention tool.  
             The author and sponsor intend it to be financed by fellow  
            direct access customers, rather than bundled customers, who  
            are already financing overall direct access customer  
            obligations due to the 2.7 cent CRS cap.
           
            The author and the committee may wish to consider  whether the  
            1.7 cents must be waived, or if payment can deferred instead,  
            and whether the CPUC should be authorized to determine the  
            amount of discount necessary to retain Sierra Pine and then  
            authorize deferral of a portion of CRS collection.

             The author and the committee may also wish to consider  other  
            alternatives to retain Sierra Pine besides a rate discount  
            financed entirely by other customers, which sets a  
            questionable precedent and invites other customers suffering  
            from high electricity rates to seek similar treatment.  One  










            alternative would be a low-interest loan to cover CRS  
            payments, subject to a matching requirement by Sierra Pine's  
            direct access provider.
           
          2.Another casualty of Enron.   Sierra Pine's liability for CRS  
            was created by its unauthorized return to bundled service by  
            Enron during the energy crisis.  Like many other direct access  
            customers in California, Sierra Pine has cause for legal  
            action to recover damages from Enron for breech of contract.

            This bill illustrates an inherent problem with direct access.   
            Direct access providers have no enforceable obligation to  
            serve their customers beyond whatever contract terms are  
            negotiated, which provided little protection to the direct  
            access customers dumped in 2001.  As the default provider to  
            dumped customers, it's the IOU and its bundled customers that  
            take the risk for non-performance by the direct access  
            provider.  As the Sierra Pine situation shows, recovering the  
            cost of providing default service may be difficult.

             The author and the committee may wish to consider  including  
            provisions in this bill to discourage direct access providers  
            from dumping their customers, such as requiring providers to  
            pay any resulting default service costs, and requiring  
            providers to post collateral as a condition of CPUC  
            registration to cover any such costs.
           
                                   ASSEMBLY VOTES
           
          Assembly Floor                     (74-0)
          Assembly Appropriations Committee  (24-0)
          Assembly Utilities and Commerce Committee                       
          (12-0)

                                      POSITIONS
           
           Sponsor:
           
          SierraPine Composite Solutions

           Support:
           
          Acoustic Authority
          Agra Trading










          American Laminates
          Auburn Hardwoods
          Capitol Plywood, Inc.
           Support  (continued): 

           Coastal Wood Products
          Crystal Art Gallery
          Do+Able Products, Inc.
          Frost Hardwood Lumber Company
          Ganahl Lumber
          G.L. Veneer Co., Inc.
          Haley Bros., Inc.
          Joe Kunz Company
          Kelleher Corporation
          Lifetime Doors, Inc.
          Masonite International Corporation
          Pacific MDF Products Inc.
          Patrick Industries, Inc.
          Saint Gobain Abrasives/Norton Company
          Somerville Plywood Corp.
          SUBA MFG., Inc.
          Weyerhaeuser Company
          2 individuals

           Oppose:
           
          Department of Finance
          Southern California Edison

          



























          Lawrence Lingbloom 
          AB 1284 Analysis
          Hearing Date:  July 8, 2003