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
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319-2083 


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