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