BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 920
                                                                  Page  1

          Date of Hearing:  June 30, 2003

                    ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE
                                 Sarah Reyes, Chair
                     SB 920 (Bowen) - As Amended:  June 26, 2003

           SENATE VOTE  :  23-11
           
          SUBJECT  :  Electricity Oversight Board:  Independent System  
          Operator:  Power Exchange.

           SUMMARY  :  Eliminates the Electricity Oversight Board (EOB) and  
          transfers all legal and regulatory proceedings where EOB is a  
          party to the Attorney General and makes related changes to  
          provisions concerning the Independent System Operator (ISO) and  
          the Power Exchange (PX). Specifically,  this bill  :

          1)Deletes provisions of law establishing, and granting powers to  
            EOB, which includes oversight of ISO.

          2)Requires the corporate powers of the ISO, under the  
            Corporations Code, to be exercised only by a governing board  
            appointed by the Governor and confirmed by the Senate.

          3)Specifies that it is the intent of the Legislature to abolish  
            EOB as an agency of the State of California, and to preserve  
            the state's interest in any legal or regulatory proceedings  
            where EOB is a party by transferring the state's interest to  
            the Attorney General.  The Attorney General is vested with the  
            power to exercise all rights, claims, powers or entitlements  
            of EOB in legal and regulatory proceedings, contracts,  
            settlements, tariffs, bylaws and articles of incorporation.

          4)Requires ISO to receive approval from the Legislature before  
            entering into a multi-state entity or a regional organization.

          5)Deletes an obsolete provision requiring ISO to provide a  
            report to the Legislature six months after Federal Energy  
            Regulatory Commission (FERC) approval, which was done in 2000.

           EXISTING LAW:  

          1)Specifies that EOB duties are the following:

             a)   Oversee ISO and PX.








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             b)   Determine the composition and terms of service and to  
               exercise the exclusive right to decline to confirm the  
               appointments of specific members of the governing board of  
               PX.

             c)   Serve as an appeal board for majority decisions of ISO  
               governing board.

             d)   Investigate any matter related to the wholesale market  
               for electricity to ensure that the interests of  
               California's citizens and consumers are served, protected,  
               and represented in relation to the availability of electric  
               transmission and generation and related costs, during  
               periods of peak demand.

          2)Establishes an EOB that has five members, of which the  
            Governor appoints the chair.  The five members of EOB are  
            appointed in the following manner and serve three year terms:

             a)   Three members appointed by the Governor who are  
               California residents and electricity ratepayers;

             b)   One member appointed by the Speaker of the Assembly;

             c)   One member appointed by the Senate Rules Committee.

          3)Establishes the governing board for ISO and requires any  
            changes to its bylaws to be in conformance with the Federal  
            Powers Act.  FERC shall have the authority to take any action  
            necessary to address undue discrimination or other violations  
            of the Federal Powers Act as it pertains to ISO's bylaws.

          4)Establishes ISO, as a nonprofit, public benefit corporation,  
            and to manage the transmission grid and related energy markets  
            consistent with applicable state and federal laws.

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :

           According to EOB  it was created in 1996 to help ensure reliable  
          electricity supply and state public oversight of market  
          operations.  The state under AB 1890 (Brulte), Chapter 854,  
          Statutes of 1996, transferred responsibility for ensuring  








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          short-term reliability and some key aspects of long-term  
          reliability away from the electric utilities and regulatory  
          bodies to ISO.  Because ISO is not a State entity, EOB was  
          created to ensure accountability to a state body, and to ensure  
          that California citizens are not exposed to undue economic risk  
          in connection with system reliability.

          Legislation in 1996 restructured the electric generation market  
          and ended the vertical monopolies held by IOUs.  Directives at  
          that time required IOUs to divest generation facilities, and to  
          transfer control of their transmission lines to ISO, a private,  
          non-profit corporation.  As the State board created to provide  
          oversight for ISO, EOB has the primary responsibility of  
          monitoring grid reliability issues.  These issues include  
          transmission planning, interconnection issues, congestion  
          management, and local reliability contracts.  In addition, grid  
          reliability represents an integral component of the overall  
          operation of the restructured wholesale electricity markets.   
          EOB performs significant market monitoring functions, including  
          investigating and initiating market rate complaints and  
          participating in the extensive market redesign proceedings under  
          FERC.

           What are the costs to eliminating EOB?   The elimination of EOB  
          would result in a cost savings of $4.2 million, of which only  
          $730,000 is General Fund, but will deleting it cause any work  
          that EOB is currently involved with to fall through the cracks?

          The bankruptcy of PX and the replacement of EOB appointed ISO  
          stakeholder board with a board of gubernatorial appointees  
          reduced the duties of EOB.  Subsequent legislation gave the EOB  
          authority to conduct the following activities:

          1)SB 1388 (Peace), Chapter 1040, Statutes of 2000, requires EOB,  
            in conjunction with PUC, to petition FERC to allow the  
            recovery of certain expenses of investor owned utilities  
            relating to the replacement and expansion of the state's  
            electricity transmission grid.

          2)Communicate ISO's Rule Changes to FERC.  Chapter 1, First  
            Extraordinary Session, Statutes of 2001 (AB X1 5 (Keeley)),  
            requires EOB to require ISO to amend its bylaws in response to  
            FERC decisions, and to communicate this action to FERC.

          3)SB 47 (Bowen) Chapter 766, Statutes of 2001 authorizes EOB to  








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            investigate any matter related to the wholesale market for  
            electricity.

          4)Provide EOB with oversight over scheduling planned power  
            outages as well as monitoring, investigating, and enforcing  
            activities related to unplanned outages.

           Should the Legislature wait till next year before eliminating  
          EOB pending their report?   Most of EOB workload is currently  
          around the energy refund cases and FERC representation.  This  
          year's joint budget conference committee adopted budget bill  
          language and supplemental report language that requires EOB to  
          report back to the Legislature on or before March 1, 2004,  
          describing the state's activities before FERC.  This report  
          shall describe the roles of each agency that is active before  
          FERC, how the policies and objectives are determined, and what  
          mechanisms are in place to coordinate activities among the  
          several agencies.

           Does the Governor need an energy policy advisor?   The EOB  
          created in AB 1890 (Brulte) oversaw the functions of ISO and PX  
          and until the passage of AB 1X 5 had the authority to appoint  
          the members of the EOB and ISO.  During the energy crises the  
          EOB served a valuable role in monitoring abuses in the wholesale  
          market and representing the state interest to FERC.  By  
          eliminating EOB will this valuable service be lost and can the  
          Attorney General pick it up?

           Does the Attorney General want the job?   This bill seeks to move  
          all the legal and regulatory proceedings where the EOB is a  
          party to the Attorney General but doesn't give the Attorney  
          General any more money.  Will the Attorney General be able to  
          pick up the EOB's workload while not jeopardizing any state  
          interests in claims or current proceedings with the resources  
          that it currently has?  And will the courts and FERC be able to  
          legally recognize the Attorney General in cases or proceedings  
          that EOB was a claimant in?  Furthermore, it is possible there  
          may be a conflict of interest for the Attorney General to pick  
          up the claims and proceedings that EOB is party in.  An example  
          would be in the case of DWR contracts where the Attorney General  
          represents the state and EOB is the party arguing that the  
          contracts are unjustified and should be renegotiated.

          Other issues that may pose a problem with the transfer is that  
          EOB under current settlement agreements has a responsibility and  








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          authority to require generators to make changes to their plants  
          to comply with the agreements.  Under this bill that  
          responsibility would now seem to fall with the Attorney General  
          and would it be the proper office to handle that responsibility?  
           Also, the Integrated Energy Policy Report developed by the  
          Energy Resources Conservation and Development Commission  
          requires agencies like EOB to submit information to it for  
          purposes of developing the report.  Under this bill the Attorney  
          General would seem to now be required to provide this  
          information, which is outside the mission and duties of the  
          agency.


           Who should appoint the ISO board members?   In this bill the  
          corporate powers of the ISO board is contingent upon whether the  
          appointment authority rests with the Governor versus with FERC.   
          The history over this issue goes back to the enactment of AB X1  
          5 (Keeley), Chapter 1, Statutes of 2001, during the energy  
          crises that replaced the ISO board make up from one appointed by  
          the EOB to one that was appointed by the Governor subject to  
          Senate confirmation.

          On July 17, 2002 FERC announced that the governing board of ISO,  
          set up by AB X1 5 (Keeley), was in violation of FERC orders by  
          being insufficiently independent to operate its interstate  
          transmission facilities, and hampered efforts of ISO to  
          implement needed design proposals for electricity markets.  FERC  
          set up a stakeholder committee and directed an executive  
          research firm to select new candidates for positions to the  
          board.  ISO is currently appealing FERCs decision in the Court  
          of Appeals and a decision is not expected until the summer of  
          2004.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file.

           Opposition 
           
          None on file.
           

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








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