BILL ANALYSIS                                                                                                                                                                                                    



                                                                    SB 1388
                                                                    Page  1

          SENATE THIRD READING
          SB 1388 (Peace)
          As Amended June 20, 2000
          Majority vote 

           SENATE VOTE  :39-0

           NATURAL RESOURCES   10-0        UTILITIES AND COMMERCE     10-0 
           
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          |Ayes:|Wayne, Aanestad,          |Ayes:|Wright, Pescetti,         |
          |     |Dickerson, Jackson,       |     |Calderon, Cardenas,       |
          |     |Keeley, Lowenthal,        |     |Frusetta, Maddox,         |
          |     |Machado, Migden, Robert   |     |Mazzoni, Reyes, Vincent,  |
          |     |Pacheco, Steinberg        |     |Wesson                    |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      20-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|Migden, Campbell,         |     |                          |
          |     |Ackerman, Alquist,        |     |                          |
          |     |Aroner, Ashburn, Brewer,  |     |                          |
          |     |Cedillo, Corbett, Davis,  |     |                          |
          |     |Kuehl, Papan, Romero,     |     |                          |
          |     |Runner, Shelley, Thomson, |     |                          |
          |     |Wesson, Wiggins, Wright,  |     |                          |
          |     |Zettel                    |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Enacts California Energy Commission (CEC) recommended  
          changes to current electrical power plant siting processes.   
          This bill also makes several changes to continued implementation  
          of electrical restructuring in California.  Specifically,  this  
          bill  :

          1)Requires local agencies that provide recommendations on power  
            plant sitings to CEC to do so within 180 days.

          2)Eliminates the requirement that CEC prepare a geothermal  
            resource sufficiency study whenever it considers a proposal to  
            site geothermal electrical generation facilities.









                                                                    SB 1388
                                                                    Page  2

          3)Requires the California Public Utilities Commission (CPUC), in  
            conjunction with the Electrical Oversight Board, to facilitate  
            approval of reasonable transmission facility planning and  
            engineering procedures.

          4)Requires CPUC to conduct specified pilot projects of certain  
            customers to gauge small consumer responsiveness to energy  
            usage and price information.

           EXISTING LAW  : 

          1)Provides CEC with authority over licensing of power plants in  
            California.

          2)Provides certain state and local agencies with advisory  
            responsibilities to CEC during the power plant siting process.

          3)Requires CEC to prepare a geothermal resource sufficiency  
            study whenever it considers a proposal to site a geothermal  
            electrical generation facility.

          4)Provides the Federal Energy Regulatory Commission (FERC) with  
            the authority to set electric transmission rates.

          5)Provides for competition in the generation and sale of  
            electricity.

           FISCAL EFFECT  :  According to the Senate Appropriations Committee  
          analysis, this bill would have negligible costs.

           COMMENTS  :  This bill contains three main sections:  a) the first  
          reflecting recent recommendations by CEC; b) the second  
          attempting to address the issue of the need for better  
          responsiveness to residential and small commercial electricity  
          customers; and, c) the third to generally help ensure that  
          electrical corporations continue developing plans to improve the  
          functioning of the current electrical transmission system.

          The first section of this bill, reflecting the addition of the  
          180 day requirement for comments on the power plant siting  
          process and the deletion of the geothermal sufficiency study are  
          both recommendations of CEC, based on a recent report released  
          in March, 2000 on changes to the electric industry.  

          According to the author's office, the current power plant siting  








                                                                    SB 1388
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          process takes about 12 months, and in order for comments from  
          local and state agencies to be accommodated in the process, a  
          time limit is necessary.  Thus, a compromise of 180 days was  
          recommended by CEC.

          The state's transmission system was originally constructed to  
          serve the needs of integrated utilities that owned generation at  
          various locations throughout the state.  AB 1890 (Brulte),  
          Chapter 254, Statutes of 1996, the electrical restructuring  
          legislation established generation as a competitive system and  
          expanded the function of the transmission system to serve as an  
          open access carrier system which privately owned generators use  
          to provide power.  Electric restructuring has also shifted  
          jurisdiction of transmission ratemaking to FERC.  Although  
          ordinary transmission planning costs are fully recoverable under  
          current FERC policy, FERC has a policy of permitting utilities  
          to recover only 50% of "abandoned plant" costs (i.e., costs for  
          a plant which might not be built).  Investor owned utilities  
          note that when their planning and engineering costs are not  
          recoverable they are discouraged from doing the necessary  
          planning.  This bill proposes to resolve that concern by  
          directing CPUC and the Electricity Oversight Board to jointly  
          facilitate approval of those "abandoned plant" costs in the  
          transmission rates approved by FERC in accordance with  
          California policy that allows the recovery of reasonable to  
          plan, design and engineer transmission facilities.

          The author has proposed a meter replacement and retrofit pilot  
          project to provide real time information to facilitate  
          electricity demand responsiveness of residential and small  
          commercial customers.  The author asserts that in California,  
          electricity buyers, especially residential and small commercial  
          customers do not have the metering technology or the incentive  
          to reduce peak demand.  CPUC recognizes the benefits of  
          improving price responsiveness however, its efforts have been  
          focused on large customers.  Recent proceedings currently  
          pending before CPUC are beginning to address price  
          responsiveness for small consumers.

          This bill also requires CPUC to conduct a pilot study of up to  
          3% of the residential and small commercial customers of each  
          electrical corporation where the rate freeze has ended, to  
          determine the value of information, rate design and metering  
          innovations for helping those customers better manage their  
          electricity use.  CPUC is required to issue its initial report  








                                                                    SB 1388
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          not later than March 31, 2002, and within 15 months after each  
          electrical corporation ends the rate freeze.  Thus, San Diego  
          Gas & Electric will be the first to conduct its study and  
          Pacific Gas & Electric and Southern California Edison will  
          follow as soon as they end the rate freeze.


           Analysis Prepared by  :  Kyra Emanuels / NAT. RES. / (916)  
          319-2092 



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