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 ----------------------------------------------------------------- |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 Page 3 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 Page 4 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 FN: 0005796