BILL ANALYSIS                                                                                                                                                                                                    



                                                             


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|SENATE RULES COMMITTEE            |                    SB 96|
|Office of Senate Floor Analyses   |                         |
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                    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





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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  







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  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    







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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

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