BILL ANALYSIS                                                                                                                                                                                                    1
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   SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE
                  DEBRA BOWEN, CHAIRWOMAN


SB 418 -  Polanco                                       
Hearing Date:  September 9, 1999       S
As Amended:              September 7, 1999        FISCAL     
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                         DESCRIPTION
   
This bill  provides the California Public Utilities  
Commission (CPUC) with the flexibility to alter a previous  
decision regarding the disposition of excess rate reduction  
bond proceeds for the San Diego Gas and Electric Company  
(SDG&E).

                         KEY QUESTION
  
Should the CPUC be given the flexibility to alter a prior  
decision regarding the disposition of excess rate reduction  
bond money by SDG&E?

                          BACKGROUND
  
As part of the recent electric industry restructuring,  
investor-owned electric utilities (i.e. SDG&E) were  
required to provide residential and small commercial  
customers with a 10% rate reduction until either March 31,  
2002 or whenever the utilities' stranded costs have been  
recovered -- whichever comes first.  The legislation  
authorized the electric utilities to finance the rate  
reduction through bonds that are repaid by the ratepayer  
beneficiaries over a ten-year period.

SDG&E obtained CPUC approval to issue $658 million in rate  
reduction bonds.  Those bonds are now being repaid by  









residential and small commercial customers via a  
separately-stated charge on their monthly bill, known as  
the Trust Transfer Amount.  On June 30, 1999, SDG&E  
completed the collection of its stranded costs.  Because of  
the early completion, $423 million of the rate reduction  
bonds aren't needed.  Simply returning the unused bond  
money (i.e. prepaying the interest and principal, as in a  
home mortgage) is not an option because the bonds are  
non-callable.  The CPUC's order approving the $658 million  
bond issuance obligated SDG&E to return any excess bond  
proceeds to ratepayers at its CPUC-authorized rate of  
return of 12.54%.  Pursuant to the electric restructuring  
statutes (Public Utilities Code Section 841c), the CPUC's  
order is "irrevocable."  This bill permits the CPUC to  
alter the terms of the order as it pertains to SDG&E so  
that customers receive a fair and reasonable credit.






































                           COMMENTS

  1.This bill was referred to the committee pursuant to Rule  
  29.10.

2.This bill is sponsored by Sempra Energy, the corporate  
  parent of SDG&E.  Sempra believes the bill is necessary  
  to give the CPUC the flexibility to alter its current  
  decision on the terms for refunding the excess bond  
  money.  It argues that the 12.54% interest on the bonds  
  is punative and unreasonable because they are unable to  
  earn that rate of interest on the excess bond funds.   
  SDG&E's ability to complete the collection of its  
  stranded costs early was due to the unforseeable  
  circumstance where a buyer was willing to purchase an  
  SDG&E power plant at a huge premium.  SDG&E, therefore,  
  argues that it should not be penalized for this  
  unforseeable, though fortunate, circumstance.

3.TURN and UCAN, representing San Diego ratepayers, oppose  
  the bill,  believing that "a deal is a deal."  Before  
  issuing its bonds, SDG&E knew that any excess bond  
  proceeds would cost it 12.54%, yet it chose to issue  
  those bonds anyway.  To now come back and ask for that  
  rate to be lowered is simply taking away money from  
  ratepayers.  TURN and UCAN further argue that SDG&E  
  earned far more than 12.54% because it used the excess  
  bond money to acquire energy assets in other states and  
  countries.

4.The CPUC is currently considering whether to change the  
  interest rate on the excess bond proceeds and in that  
  proceeding, SDG&E has suggested that the interest rate be  
  lowered to 9.5%.  The CPUC is neutral on the bill,  
  believing SB 418 provides it with the latitude to change  
  the interest rate if it desires.

5.During the electric industry restructuring discussions,  
  it was generally believed that SDG&E would take the full  
  four-year transition period to collect its stranded  
  costs.  That the collection was complete two-and-a-half  
  years early is a windfall to both the utility and its  
  ratepayers.  The ideal circumstance would be to use the  
  bond proceeds to completely offset the future payments  
  made by residential and small commercial customers on the  
  bonds, but in any event, there must be a way to divvy up  








  the spoils of this happy circumstance.  Giving the CPUC  
  the authority to alter its prior order would seem to be  
  the best way to facilitate this.

                          POSITIONS
Support:
  Sempra Energy

  Oppose:
  TURN
UCAN

Randy Chinn
SB 418 Analysis
Hearing Date:  September 9, 1999