BILL ANALYSIS SB 418 Page 1 Without Reference to File SENATE THIRD READING SB 418 (Polanco) As Amended September 7, 1999 Majority vote SENATE VOTE :26-8 UTILITIES AND COMMERCE 12-0 APPROPRIATIONS 19-0 ----------------------------------------------------------------- |Ayes:|Wright, Pescetti, |Ayes:|Migden, Brewer, Ackerman, | | |Calderon, Campbell, | |Ashburn, Campbell, | | |Cardenas, Frusetta, | |Cedillo, Davis, | | |Maddox, Mazzoni, Thomson, | |Hertzberg, Maldonado, | | |Reyes, Vincent, Wesson | |Papan, Romero, Runner, | | | | |Shelley, Steinberg, | | | | |Thomson, Wesson, Wiggins, | | | | |Wright, Zettel | ----------------------------------------------------------------- SUMMARY : Authorizes the California Public Utilities Commission (CPUC) to credit ratepayers for excess rate reduction bonds (RRB). Specifically, this bill: 1)Authorizes CPUC to order a fair and reasonable credit to ratepayers of any excess RRBs for an electrical corporation that ended its rate freeze prior to July 15, 1999. 2)Defines "excess rate reduction bonds proceeds" to mean the proceeds from the sale of RRBs authorized by CPUC financing orders determined to be in excess of the amounts necessary to provide ratepayers the 10% rate reduction required by Section 368(a) of the Public Utilities Code. EXISTING LAW: 1)Requires each electrical corporation to provide a 10% rate reduction to all small commercial and residential customers until March 31, 2002, or until CPUC authorized costs for utility generation-related assets and obligations were fully recovered, whichever came first. SB 418 Page 2 2)Authorized each electrical corporation to finance the rate reduction through RRBs to be repaid by utility customers with Fixed Transition Amount (FTA) payments over a ten-year period. FISCAL EFFECT : Minor, absorbable costs. COMMENTS : As part of the Legislature's electric restructuring efforts in AB 1890 (Brulte), Chapter 854, Statutes of 1996, electric corporations were required to provide all residential and small commercial customers a 10% rate reduction until March 31, 2002, or until CPUC authorized costs for utility generation related assets and obligations were fully recovered, whichever came first. Chapter 854 also authorized the electrical corporations to finance the rate reduction through RRBs that would be repaid by utility ratepayers with FTA payments over a ten-year period. San Diego Gas & Electric (SDG&E) obtained CPUC approval to issue $658 million in RRBs to support its rate reduction to its customers. On June 30, 1999, SDG&E completed its transition from a monopoly provider of service in a regulated market to a fully competitive market. Because SDG&E completed the transition period early, a significant amount of the RRB proceeds originally thought necessary to finance the rate reduction are not needed. Under the terms of SDG&E's financing order, CPUC ordered that they are obligated to return any RRB proceeds not needed to provide the 10% rate reduction for the four and one-fourth year period at their authorized rate of return of 12.54%. SDG&E asserts that because they are not earning an amount equivalent to their rate of return for the RRB proceeds, they should not be penalized and required to use shareholder profits to make up the difference. Opponents argue, however, that SDG&E should be required to comply with the existing financing order because it provides the greatest benefit to ratepayers. Rather than decide the appropriate approach or methodology for return of the RRBs, CPUC would be authorized to consider the issues raised by SDG&E and determine whether an alternate disposition of the excess RRBs is appropriate. Analysis Prepared by : Carolyn Veal-Hunter / U. & C. / (916) SB 418 Page 3 319-2083 FN: 0003466