BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1889
                                                                  Page  1

          Date of Hearing:  April 12, 2004

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                                 Sarah Reyes, Chair
                   AB 1889 (Chu) - As Introduced:  February 5, 2004
           
          SUBJECT  :  Electrical restructuring:  Power Exchange.

           SUMMARY :  Deletes the requirement that the California Public  
          Utilities Commission (CPUC) establish a Power Exchange energy  
          credit (PX credit) based on time-of-use meters, including  
          customer options on how to calculate their PX credit.   
          Specifically,  this bill  deletes the requirement that PUC  
          establish a PE credit that is calculated according to actual  
          hourly data for customers with time-of-use (TOU) meters and  
          provisions for customers to make a one time choice to have their  
          PX credit calculated according to hourly data or the average  
          load profile for their customer class.

           EXISTING LAW:  

          1)Requires CPUC to establish a PX credit that is calculated  
            according to actual hourly data for customers with TOU meters  
            installed  on or after  January 1, 2000.

          2)Allows customers with TOU meters installed  before  January 1,  
            2000 to make a one-time choice, before January 30, 2000, to  
            have their PX credit calculated according to actual hourly  
            data  or  the average load profile for their customer class.
           
           3)Requires additional billing costs resulting from the hourly  
            calculation methodology to be recoverable from that customer  
            class and prohibits shifting any costs between customer  
            classes. 

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :

           According to the author  since the power exchange is no longer  
          administering energy credits for direct access customers the  
          statute is no longer needed.  The author states that this bill  
          if enacted would become effective on January 1, 2005 and would  
          be prospective in its application.  Furthermore, the author  
          believes this bill would have no impact on the power exchange  








                                                                  AB 1889
                                                                  Page  2

          bankruptcy proceedings and would have no bearing on direct  
          access customers seeking energy credit payments owed to them  
          during the operation of the power exchange.

           PX Credits:   At the time the PX was operating, the utilities  
          were required to generate a bill for transmission and  
          distribution services and for the competition transition charge  
          (CTC).  AB 1890 (Chapter 854, Statutes of 1996) required that  
          these charges be determined residually by subtracting a credit,  
          or otherwise known as the PX credit, for the commodity portion  
          of the bill before the energy service provider could bill the  
          customer.  The PX credit was calculated based on the average  
          load profiles of all consumers within a given customer class.   
          At the time consumers with below average load profiles got a  
          higher PX credit than consumers with above average load profiles  
          which affected how much consumers they paid toward CTC.  This  
          process rewarded consumers who could better the load profiles  
          within their customer class thereby promoting efficient usage  
          patterns.

           Bankruptcy of the Power Exchange:   The Power Exchange was  
          established as a result the passage of AB 1890 and charged with  
          organizing a set of competitive auctions, open on a  
          nondiscriminatory basis to all suppliers.  As a result of the  
          energy crises in California the Power Exchange in January 2001  
          filed a bankruptcy petition which became formal on March 2001.   
          The bankruptcy of the Power Exchange left more than $2 billion  
          worth of claims and $1 billion in collateral that was held by  
          the Power Exchange from former participants.  In addition, the  
          Power Exchange holds some $1.2 billion in settlement clearing  
          funds that have yet to be disbursed.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Southern California Edison

           Opposition 
           
          None on file

           Analysis Prepared by  :    Daniel Kim / U. & C. / (916) 319-2083