BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 772
                                                                  Page  1

          Date of Hearing:   April 21, 2004

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                   Judy Chu, Chair

                    SB 772 (Bowen) - As Amended:  April 13, 2004 

          Policy Committee:                               
          UtilitiesVote:11-0

          Urgency:     Yes                  State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill authorizes the issuance of bonds, secured by a  
          dedicated rate component, to finance a portion of Pacific Gas  
          and Electric's (PG&E's) bankruptcy settlement agreement.   
          Specifically, this bill:

          1)Requires PG&E, within 120 days of the bill's enactment, to  
            apply to the Public Utilities Commission (PUC) to recover  
            costs associated with the regulatory asset-approved as part of  
            PG&E's bankruptcy settlement agreement-and authorizes the PUC  
            to approve recovery of those costs through bonds backed by a  
            non-bypassable charge on utility rates.

          2)Establishes that any financing order issued under this bill  
            shall not constitute a debt or liability of the state, and  
            does not constitute a pledge of the full faith and credit of  
            the state.  

          3)Requires the recovery bond costs to be repaid by existing and  
            future consumers within PG&E's service area as it existed on  
            December 19, 2003, except for:  

             a)   New or incremental load met through direct  
               (over-the-fence) transactions not requiring PG&E  
               transmission or distribution facilities.

             b)   Departing load already exempted from Department of Water  
               Resources power charges pursuant to previous PUC decisions  
               (mainly customer-owned renewable generation).  

             c)   Pumping, generation, and transmission facilities of DWR  








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               if such facilities did not receive electric service from  
               PG&E before December 19, 2003, or does not receive electric  
               service from PG&E thereafter.

             d)   Retail electric load continuously served by a local  
               publicly-owned utility since January 1, 2000.

             e)   Up to 50 megawatts of new load in PG&E's service  
               territory that, after December 19, 2003, is annexed to a  
               city that provides the same municipal services, including  
               electric service, to that territory as the city provides  
               throughout its jurisdiction.

          4)Requires the commission to determine, consistent with a prior  
            decision and rehearing regarding a portion of that decision,  
            the extent to which bond recovery costs must be paid by new  
            municipal utility load within the PG&E service territory.


           FISCAL EFFECT 

          Absorbable costs to the PUC to review the request for recovery  
          bond financing and to determine the allocation of bond repayment  
          costs through the dedicated rate component.

           COMMENTS
          
           1)Background  .  As a result of multi-billion debts accrued during  
            the state's energy crisis, PG&E filled for Chapter 11  
            bankruptcy protection in April 2001.  In December 2003, the  
            PUC approved a proposed settlement agreement to allow PG&E to  
            recover from bankruptcy, and this agreement was recently  
            approved by the federal Bankruptcy Court.

            Regulatory Asset.  A key component of the agreement allows  
            PG&E to refinance a large portion of its existing debts by  
            first creating a "regulatory asset."  This is a paper asset  
            that will allow PG&E to show more equity on its books without  
            actually constructing any new facilities or making new  
            investments.  The increased equity will, in turn, allow PG&E  
            to borrow more money than it otherwise could in order to repay  
            its creditors.  The regulatory asset will be treated through  
            electricity rates in the same way as a power plant, thus PG&E  
            will recover the cost of the asset plus a guaranteed rate of  
            return of no less than 11.22 percent.  Because the regulatory  








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            asset will be subject to federal taxes and high rates of  
            return, it will be a relatively expensive way of eliminating  
            PG&E's bankruptcy-related debt.

           2)Purpose  .  This bill, which is sponsored by PG&E, the PUC, and  
            The Utility Reform Network (TURN), gives the PUC the authority  
            to approve the issuance of recovery bonds as a financing  
            mechanism to replace the regulatory asset.  (The recovery  
            bonds are also part of the bankruptcy settlement agreement,  
            but require legislative authorization.)  These bonds will be  
            backed by ratepayers through a dedicated rate component and  
            thus their high degree of security should yield the lowest  
            possible interest rates.  In addition, the recovery bonds will  
            significantly reduce the tax consequences and eliminate other  
            costs associated with the regulatory asset.  The sponsors  
            estimate that issuance of the recovery bonds will reduce the  
            ratepayer cost of PG&E's bankruptcy settlement by over $1  
            billion. 

           3)Opposition  .  Earlier versions of the bill were opposed by the  
            municipal electric utilities (munies), including irrigation  
            districts that provide electricity.  Opponents have no issue  
            with the recovery bond mechanism, but maintained that the  
            bill's exemptions from responsibility for paying the dedicated  
            rate component are too narrow.  Principally, the munies  
            believe that any "greenfield" development within current PG&E  
            territory that is annexed to the munies should be exempt from  
            paying the dedicated rate component.  The munies argue that  
            consumers in these new developments have never been, nor ever  
            will be, PG&E customers, and thus should bear no  
            responsibility for a PG&E bankruptcy-related charge.  At the  
            time this analysis was written, the committee had only  
            received written opposition to the current version from the  
            Northern California Power Agency.

          PG&E argued, on the other hand, that exempting customers in new  
            developments from the dedicated rate component will give the  
            munies a competitive advantage to "cherry pick" new  
            developments in adjoining PG&E territory.  The bill has a more  
            narrow exemption for greenfields annexed from PG&E by those  
            cities that would provide all municipal services, including  
            electricity, to the annexed areas.

           4)Recent Amendment  .  The most recent amendment, as adopted by  
            the policy committee, requires the commission to determine  








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            whether new municipal utility load in general-whether through  
            annexation of PG&E territory that is a greenfield or existing  
            development-is subject to the recovery bond costs.  The  
            determination must be consistent with a prior commission  
            decision related to this issue, part of which is subject to  
            appeal.  

          Specifically, in allocating the costs responsibility surcharge  
            (CRS) associated with DWR's power procurement costs resulting  
            from the energy crisis, the PUC ruled that greenfield  
            annexations by existing publicly owned utilities are exempt  
            from the obligation to pay the CRS. The PUC also ruled that  
            any greenfield annexation by a publicly owned utility created  
            after February 1, 2001, will be subject to the CRS. This last  
            portion of PUC's allocation of the CRS is now subject to  
            rehearing and could potentially change.

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081