BILL NUMBER: AB 1889	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 5, 2004

   An act to repeal Section 367.7 of the Public Utilities Code,
relating to electrical restructuring.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1889, as introduced, Chu.  Electrical restructuring:  Power
Exchange.
   The existing restructuring of the electrical industry within the
Public Utilities Act provides for the establishment of a Power
Exchange as an incorporated public benefit nonprofit corporation and
requires the Public Utilities Commission to implement a methodology
for the Power Exchange to administer energy credit for a customer
with a meter that is capable of recording hourly data.
   This bill would repeal this requirement.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 367.7 of the Public Utilities Code is repealed.
  
   367.7.  (a) It is the intent of the Legislature in enacting this
section to ensure that individual customers do not experience rate
increases as a result of the allocation of transition costs, in
accordance with paragraph (2) of subdivision (e) of Section 367.
   (b) The commission shall implement a methodology whereby the Power
Exchange energy credit for a customer with a meter installed on or
after June 30, 2000, that is capable of recording hourly data is
calculated based on the actual hourly data for that customer.  The
Power Exchange energy credit for a customer with a meter installed
before June 30, 2000, that is capable of recording hourly data shall,
at the election of the customer, on a one-time basis before June 30,
2000, be calculated based on either (1) the actual hourly data for
that customer or (2) the average load profile for that customer
class.  If the customer fails to make an election, that customer's
Power Exchange energy credit shall continue to be based on the
average load profile for that customer class.
   (c) Additional incremental billing costs incurred as a result of
the methodology  implemented by the commission pursuant to
subdivision (b)  may be recoverable through rates for that customer
class, if the commission finds that the costs are reasonable.
   (d) The methodology  implemented by the commission pursuant to
subdivisions (b) and (c) shall not result in any shifts in cost
between customer classes and shall be consistent with the firewall
provision set forth in subdivision (e) of Section 367.