BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 736|
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                                 THIRD READING


          Bill No:  AB 736
          Author:   Jerome Horton (D)
          Amended:  8/16/05 in Senate
          Vote:     21

           
           SENATE ENERGY, UTIL. & COMMUNIC. COMM.  :  10-0, 6/30/05
          AYES:  Escutia, Morrow, Alarcon, Battin, Bowen, Cox, Dunn,  
            Kehoe, Murray, Simitian
          NO VOTE RECORDED:  Campbell

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  76-0, 5/26/05 - See last page for vote


           SUBJECT  :    Public utilities:  regulation

           SOURCE  :     Volcano Communications Group


           DIGEST  :    This bill modifies the Public Utilities  
          Commissions approval process for public utilities to sell,  
          lease or otherwise transfer a property.

           ANALYSIS  :    Current law requires an order by the Public  
          Utilities Commission (PUC) before a public utility sells or  
          disposes of any useful public utility property.

          This bill authorizes the PUC to authorize the sale or  
          disposal of public utility property through an advice  
          letter process for transactions valued at $5 million or  
          less.  That process must be completed within 120 days  
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          unless the advice letter is contested or the documentation  
          supporting the sale or disposal is incomplete.  The PUC is  
          authorized to limit the types of transactions that can use  
          the advice letter process.
           
           This bill authorizes the PUC to designate a procedure  
          different than the advice letter procedure if it determines  
          that a transaction warrants a more comprehensive review.

          This bill requires the PUC to reject an advice letter that  
          seeks to circumvent the $5 million threshold by dividing  
          what is a single asset worth more than $5 million into  
          component parts.

          This bill states legislative intent that transactions with  
          monetary values that impact a utility's rate base, or  
          transactions that trigger the PUC's review responsibilities  
          under the California Environmental Quality Act should not  
          qualify for the expedited advice letter review.
           
          Background
           
          Reviewing and approving public utility asset sales ensures  
          that utilities retain the assets that are necessary for  
          delivery of high quality service.  To the extent that  
          assets are sold, this process ensures that the utility and  
          its ratepayers are fairly compensated.  These types of  
          reviews are among the most common formal proceedings before  
          the PUC.

          This review process has been criticized for being costly  
          and cumbersome.   Some have asserted that the high cost of  
          compliance has led some utilities to simply not comply.   
          Independent of this bill, the PUC is establishing a pilot  
          program to create a more streamlined review process.  Their  
          proposal is to process certain transactions via an advice  
          letter process, which is a less formalized review that does  
          not require attorneys or hearings.  Only transactions worth  
          less than $500,000 and that are not subject to review by  
          the PUC under the California Environmental Quality Act  
          (CEQA) would be eligible for this process.  Theoretically  
          advice letters are reviewed by interested parties,  
          including the Office of the Ratepayer Advocate, though in  
          practice this does not always happen.  







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          This bill expands that proposed pilot program by  
          specifically requiring an advice letter process for  
          transactions under $5 million.  It also requires a decision  
          to be made within 120 days if there is no objection to the  
          advice letter.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  8/23/05)

          Volcano Communications Group (source)
          California Telephone Association
          California Water Association
          Global Valley Networks
          Kerman Telephone Company
          Sierra Telephone
          SureWest Communications
          Wild Goose Storage, Inc.


           ASSEMBLY FLOOR  : 
          AYES:  Aghazarian, Arambula, Baca, Bass, Benoit, Berg,  
            Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,  
            Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,  
            DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,  
            Goldberg, Hancock, Haynes, Jerome Horton, Shirley Horton,  
            Houston, Huff, Jones, Karnette, Keene, Klehs, Koretz, La  
            Malfa, La Suer, Laird, Leno, Leslie, Lieber, Liu,  
            Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin,  
            Nation, Nava, Negrete McLeod, Niello, Oropeza, Parra,  
            Pavley, Plescia, Richman, Ridley-Thomas, Sharon Runner,  
            Ruskin, Saldana, Salinas, Spitzer, Strickland, Torrico,  
            Tran, Umberg, Vargas, Villines, Walters, Wolk, Wyland,  
            Yee, Nunez
          NO VOTE RECORDED:  Gordon, Harman, Levine, Nakanishi


          NC:mel  8/24/05   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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