BILL ANALYSIS
SB 96
Page 1
Date of Hearing: July 7, 1999
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
SB 96 (Peace) - As Amended: June 14, 1999
Policy Committee: Utilities and
Commerce Vote: 11-0
Urgency: No State Mandated Local
Program:NoReimbursable:
SUMMARY :
This bill revises existing provisions relating to the governing
structures of the Independent System Operator and the Power
Exchange, and the duties of the Electricity Oversight Board, to
conform to the Federal Energy Regulatory Commission's
jurisdictional requirements.
FISCAL EFFECT :
Minor absorbable costs to the Electricity Oversight Board to
adopt the governance modifications in the bill.
COMMENTS :
Background and Purpose . The Independent System Operator (ISO)
and Power Exchange (PX) are non-public entities that were
created as part of California's electrical restructuring. The
five-member Electricity Oversight Board (EOB) was also created,
in part, to oversee the ISO and PX, including determining the
composition of, and appointment to, their governing boards.
Because the ISO and PX are engaged in the interstate
transmission and wholesale power markets, their operations are
also subject to jurisdiction by the Federal Energy Regulatory
Commission (FERC) under the Federal Power Act. In November
1996, FERC issued an order granting conditional approval of the
basic electrical restructuring plan. However, FERC rejected
certain portions of the ISO and PX bylaws related to California
residency requirements for board members and certain aspects of
EOB oversight.
In November 1998, FERC issued an Order Finding Noncompliance and
SB 96
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directed the ISO and PX to revise their bylaws. The EOB appealed
this decision as a challenge to the state's authority, and the
appeal is still pending. In an effort to continue effective
oversight of the restructured electricity market by FERC and
EOB, parties to the appeal have indicated that it would be
beneficial to settle these matters if a reasonable balance of
state and federal interests could be maintained.
This bill is intended to codify the basis of a resolution under
consideration by representatives of FERC and the State
Legislature. The bill makes modifications regarding appointment
functions, changes to bylaws, residency requirements, appeals,
and future member-state appointments that comply with the
November 1998 FERC decision.
Analysis Prepared by : Chuck Nicol / APPR. / (916)319-2081