BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 659
                                                                  Page  1

          Date of Hearing:  June 16, 2003

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                                 Sarah Reyes, Chair
                      SB 659 (Soto) - As Amended:  June 9, 2003

           SENATE VOTE  :  28-5
           
          SUBJECT  :  Electrical Corporations:  rates.

           SUMMARY  :  Extends for five years a sunset provision in an  
          existing provision which requires all residential electricity  
          charges to be based on volume of usage and prohibits the  
          investor owned utilities (IOUs) form imposing fixed charges.   
          Specifically,  this bill  :   

          1)Requires that, with the exception of a reasonable minimum  
            monthly bill, all charges for residential electric customers  
            shall be based on volume of usage and prohibits fixed charges.
           
          2)Sunsets the above provision on January 1, 2009.

           EXISTING LAW  instructs the California Public Utilities  
          Commission (PUC), through December 31, 2003, to require that all  
          charges for residential electric customers be volumetric.

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :  AB X1 29 (Kehoe), Chapter 8, Statutes of 2001-02  
          First Extraordinary Session, among other things, prohibited any  
          new fixed electricity charges from being imposed on residential  
          IOU customers, with a sunset provision of December 31, 2003. 

          The primary purpose of AB X1 29 was to fund a variety of energy  
          efficiency and conservation programs.  The provision prohibiting  
          any new fixed charges was intended to maintain customers'  
          incentives to conserve by ensuring people with very modest  
          consumption would pay for energy, transmission and distribution  
          costs only according to the electricity they use, and not via  
          any fixed charges. 

          The concerns leading to the provision in AB X1 29 appear to  
          come, at least in part, from a Southern California Edison  
          proposal to establish a fixed customer charge of approximately  
          $17, which some believe would shift some electricity charges  








                                                                  SB 659
                                                                  Page  2

          from high-volume users to low-volume users.  The proposal was  
          never approved by PUC. 

          Opponents argue that some of the costs of providing electricity  
          are fixed and will be incurred by the utility no matter how much  
          electricity the consumer uses.  For example the cost of  
          installing and maintain power lines remains the same even if the  
          customer used no electricity.  Allowing the utilities to charge  
          fixed charges in some circumstances assures that all ratepayers  
          pay equally for the cost of services while volumetric charges  
          can result in shifting of some costs to higher volume users.

          The sponsors contend that recent amendments to this bill to  
          allow the rates to include a minimum monthly bill will enable  
          the utility to recover their fixed costs. 

          Supporters of volumetric charges argue that such charges  
          encourage conservation since reducing consumption will result in  
          low power bills, while a fixed charge would create no incentive  
          to save.  Additionally, fixed charges can have a disparate  
          impact on low income rate payers due to the fact that these  
          charges will encompass a larger percentage of their actual  
          income and no amount of conservation will reduce the bills. 

          Alternatively, with purely volumetric charges, IOUs may have an  
          incentive to increase the amount of electricity they produce and  
          deliver since their income will be based solely on volume sold.   
          Fixed charges can neutralize IOUs' incentive to deliver more  
          electricity.
           
           Leave Flexibility to PUC?
           
          As the arguments of both the supporters and opponents of this  
          bill show, fixed rates may have repercussions beyond energy  
          conservation and will effect different customer classes  
          differently.  The outright prohibition on fixed rates will  
          reduce the discretion that PUC has in designing rates and will  
          remove a potential rate mechanism to assure that cost shifting  
          between customer classes does not occur and to assure that  
          Legislatively set policy goals such as energy conservation are  
          meet in the most effective manner. 

          The committee may want to consider amendments to eliminate the  
          prohibition against fixed rates and instead instruct PUC to  
          assure that any fixed rate does not act as a disincentive to  








                                                                  SB 659
                                                                  Page  3

          conservation.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          None on file.
          
            Opposition 
           
          California Public Utilities Commission
          Sempra Energy
          Pacific Gas and Electric


           Analysis Prepared by  :    Edward Randolph / U. & C. / (916)  
          319-2083