BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 96| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 96 Author: Peace (D), et al Amended: 6/14/99 Vote: 21 SENATE ENERGY, U.&C. COMMITTEE : 10-0, 3/23/99 AYES: Bowen, Baca, Brulte, Hughes, Kelley, Mountjoy, Peace, Solis, Speier, Vasconcellos NOT VOTING: Alarcon SENATE FLOOR : 35-0, 4/26/99 (Consent) AYES: Alpert, Bowen, Brulte, Burton, Chesbro, Costa, Dunn, Escutia, Figueroa, Hayden, Haynes, Hughes, Johannessen, Johnson, Johnston, Kelley, Knight, Lewis, McPherson, Monteith, Morrow, Mountjoy, Murray, O'Connell, Ortiz, Peace, Polanco, Poochigian, Rainey, Schiff, Sher, Solis, Speier, Vasconcellos, Wright NOT VOTING: Alarcon, Baca, Karnette, Leslie, Perata ASSEMBLY FLOOR : Not available SUBJECT : Electrical restructuring: Independent System Operator: Power Exchange SOURCE : Author DIGEST : This bill declares legislative intent, and revises specific provisions relating to the governing structures of the Independent System Operator (ISO) and the Power Exchange (PX), and the duties of the Electricity CONTINUED SB 96 Page 2 Oversight Board (EOB) to reflect a settlement between the state and the Federal Energy Regulatory Commission (FERC). Assembly Amendments add co-authors and add the provisions that revise the governing structure of the ISO and the PX and the duties of the EOB to reflect the settlement. ANALYSIS : AB 1890 (Brulte, Chapter 854, Statutes of 1996) established intent language that contemplates California's entry into an interstate compact with other western states to require utilities selling energy into California markets to adhere to standards and protocols to protect the reliability of regional transmission and distribution systems. This bill replaces that provision with more detailed intent language that also describes the evolution of the ISO and the PX into organizations that would serve the western regional market and would be governed by members selected by participating states and overseen, jointly or separately, by those states. These changes reflect the Federal Energy Regulatory Commission's (FERC) position that the ISO and the PX, as corporations engaged in interstate commerce of electricity transmission and wholesale power, can't be governed exclusively by California. The modifications of AB 1890 that are contained in this bill: 1.Establish California's right to decline to confirm specific ISO and PX governing board members (agricultural, industrial, commercial and residential end-users, end-users at large and public interest groups). 2.Identify those matters that fall within exclusive state jurisdiction for purposes of appeal and approval of bylaws. 3.Replace residency requirements with requirements that specific board members be consumers in the territories SB 96 Page 3 served by the ISO and PX. Comments : AB 1890 required the establishment of the ISO and the PX as "separately incorporated public benefit, nonprofit corporations." The purpose of the ISO is to ensure efficient use and reliable operation of the state's electricity transmission system, while the PX is intended to provide an open, efficient public auction to meet customers' electricity loads. AB 1890 requires the governing boards of the ISO and the PX to be composed of California residents appointed by the Electricity Oversight Board (EOB). The EOB itself is composed of five members - three voting members appointed by the Governor, who must be California residents and electricity ratepayers, and one non-voting member each appointed from the Assembly and the Senate. Inasmuch as the ISO and the PX are non-public entities engaged in the interstate transmission and wholesale power markets, their operations are subject to FERC jurisdiction under the Federal Power Act. When it approved the ISO and the PX tariffs, FERC rejected those portions of their bylaws requiring California residency and EOB appointment of governing board members. In doing this, FERC exercised jurisdiction over not only the interstate operations of the ISO and the PX, but also over the framework of the institutions themselves. Earlier this year, California and FERC agreed to suspend legal action and attempt to reach a settlement of differences. That settlement is reflected in this bill. These arrangements will remain in force until another state joins the ISO or PX at which time the governance structure and appointment functions will be based upon state agreements. This bill effects a compromise between federal and state interests and removes uncertainties that have complicated various ISO and PX efforts over the last several years. FISCAL EFFECT : Appropriation: No Fiscal Com.: No SB 96 Page 4 Local: No Minor, absorbable costs to the EOB to adopt the governance modifications in the bill. SUPPORT : (Verified 7/14/99) PG&E Southern California Edison California Independent System Operator NC:jk 7/14/99 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****