Loading...
HomeMy WebLinkAbout32-Council Office CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Council Office Subject: Resolution supporting AS 2006 (Nunez) - the Reliable Electric Service Act of 2004 Dept: Date: June 4, fJ{(\G\N~L MICC Meeting Date: 6/21/04 Synopsis of Previous Council Action: March 16,2004 - The Legislative Review Committee recommends the Mayor and Common Council support AS 2006. Recommended motion: Adopt Resolution. ~ A. t"% Signature Contact person: Lori Sassoon Phone: 5122 Supporting data attached: Staff Report & other documents Ward: FUNDING REQUIREMENTS: Amount: None Source: (Ace!. No.) (Ace!. Description) Finance: Council Notes: \A-..()~ ~Z.Oy. Agenda Item No. 3~ Gj:lllo'{ STAFF REPORT Sublect: Resolution supporting AB 2006 (Nunez) - the Reliable Electric Service Act of 2004 Backl!round: At the March 17 meeting of the Legislative Review Committee, Ray Gonzalez of Southern California Edison (SCE) presented an overview of AB 2006 and requested the City's support for this legislation. AB 2006 would make a number of changes to state regulations related to the production of electricity. According to its author, the goal is to ensure that an adequate, stable supply of electricity is generated in California to meet the state's growing electricity demands. A copy of the bill, analysis regarding the bill and other information provided by SCE are attached. Most significantly, the bill would provide the framework for investor-owned utilities, such as SCE, to re-enter the field electricity generation. In exchange, the ability of businesses or other entities to contract with independent power suppliers would be subject to a number oflimitations, including a 5-year notice requirement. The League of California Cities is supporting the measure, along with many other business and consumer groups. AB 2006 is opposed by other energy producers. Following Mr. Gonzalez' presentation, the Legislative Review Committee recommended that the Mayor and Council approve the issuance of a letter of support for AB 2006. Financial Impact: There is no financial impact associated with this action. Recommendation: Adopt resolution 05/05/04 10:12 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 III o 27 28 o o ~OL~~r RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING AB 2006 (NUNEZ) . THE RELIABLE ELECTRIC SERVICE ACT OF 2004 WHEREAS, California residents and businesses all depend upon reliable electricity at a reasonable price; and WHEREAS, local governments and residents of local commUnItIes were all detrimentally impacted by the power supply crisis of 2000-2002, and the uncertainty in energy pricing and reliability that resulted; and WHEREAS, the uncertainty of the state's regulatory enviromnent has discouraged investlnents necessary to complete much needed power plants in the state; and WHEREAS, iflegislative action is not taken soon, California residents, businesses, and our state's economy could once again be threatened with rolling blackouts and significant power price increases by the year 2006; and WHEREAS, AB 2006 would protect California electricity customers from future blackouts and power price spikes by encouraging the development of additional electricity generating capacity in the state; and WHEREAS, AB 2006 will require utilities to demonstrate to the CPUC that their investlnents in power contracts, renewable energy, energy efficiency, direct investlnents, and other investments provide cost-effective, efficient value for customers; and WHEREAS, AB 2006 is good for our enviromnent because it will accelerate the date by which utilities must demonstrate that 20 percent of their power comes from renewable resources; NOW, THEREFORE, IT IS RESOLVED by the Mayor and Common Council of the City of San Bernardino, California, as follows: 1. The City of San Bernardino supports AB 2006, and asks its legislative representatives to join in support of the bill. III III o o o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO SUPPORTING AB 2006 (NUNEZ) - THE RELIABLE ELECTRIC SERVICE ACT OF 2004 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Cornmon Council of the City of San Bernardino at a meeting thereof, held on the _ day of , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY KELLEY JOHNSON MCCAMMACK City Clerk The foregoing resolution is hereby approved this day of 2004. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney CALIFORNIA LEGISLATURE-2003-{)4 REGULAR SESSION ASSEMBLY BILL No. 2006 Introduced by Assembly Member Nunez February 13, 2004 An act to add Article 17 (commencing with Section 400) to Chapter 2.3 of Part I of Division I of the Public Utilities Code, relating to electricity. LEGISLATIVE COUNSEL"S DIGEST AS 2006, as introduced, Nunez. Electrical restructuring: Reliable Electric Service Act of 2004. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, and authorizes the commission to fix just and reasonable rates and charges. Under existing law, a public utility has a duty to serve, including furnishing and maintaining adequate, efficient, just and reasonable service, instrumentalities, equipment, and facilities as are necessary to promote the safety, health, comfort, and convenience of its patrons and the public. The existing Public Utilities Act requires the commission, pursuant to electrical restructuring, to authorize direct transactions between electricity suppliers and retail end-use customers. However, other existing law suspends the right of retail end-use customers to acquire service from certain electricity suppliers after a period of time to be determined by the commission, until the Department of Water Resources no longer supplies electricity under that law. This bill would establish a core and noncore model under which the utility's duty to serve would extend to core customers and those noncore customers that elect to receive bundled electric service from the electrical corporation. The utility's duty to serve noncore customers 99 I AD 2006 -2- that elect to purchase electricity through a direct transaction would exist for transmission and distribution electric service. The bill would require electrical corporations to file, and for the commission to approve, an integrated resource investment plan, as specified, sufficient to fulfill the utility's duty to serve. The bill would provide for the recovery of costs and investments made pursuant to an approved integrated resource investment plan. The bill would require that a utility's bundled service customers be indifferent to the election by noncore customers to purchase electricity through direct transactions. The bill would require the commission, in consultation with the Independent System Operator, to establish resource adequacy requirements to ensure adequate reserves of physical generating capacity are available to reliably serve all customers and would require the Independent System Operator, consistent with federal law, to implement and enforce these resource adequacy and reserve requirements in a nondiscriminatory manner on all load serving entities. The bill would require the commission to adopt implementing rules and regulations. A violation of the Public Utilities Act or an order of the commission is a crime under existing law. Because a violation of the bill's provisions would be a violation of the act, the bill would impose a state-mandated local program by creating a new crime. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact asfollows: I SECTION I. The Legislature finds and declares all of the 2 following: 3 (a) An adequate and reliable supply of electricity is essential to 4 the health, safety, and welfare of all California consumers. 5 (b) Safe, reliable, and affordable, electric service that is 6 environmentally sustainable, is of utmost importance to the 7 consumers of this state and its economy. 99 I -3- AB 2006 1 (c) Electrical corporations have an obligation to serve their 2 customers with reliable electric service at just and reasonable rates. 3 (d) In order to provide safe, reliable, and affordable electric 4 service to consumers, electrical corporations must invest in needed 5 resources, including utility-owned and procured generation, new 6 and repowered generation, high-efficiency cogeneration, 7 renewable generation, transmission, distribution, and energy 8 efficiency and other demand reduction measures, in a manner that 9 produces the best value for ratepayers. 10 (e) In order to ensure that investments in resources are made in 11 a manner that produces the best value for ratepayers, electrical 12 corporations should prepare an integrated resource investment 13 plan for commission review and approval, that achieves a 14 diversified, reliable, and environmentally sustainable portfolio of 15 efficient, cost-effective supply and demand resources. 16 (t) In order to ensure that an integrated resource investment 17 plan will result in investments in resources sufficient to provide 18 reliable electric service to customers of an electrical corporation 19 without stranding costs or shifting costs, a stable and predictable 20 customer base is necessary and essential. 21 (g) In order to attract sufficient capital to make investments in 22 needed resources, there must be assurance that reasonable costs 23 and investments, including a return of and on direct investments, 24 and investments made by third parties under contract with an 25 electrical corporation, are recovered in rates. 26 (h) California consumers will not receive reliable and 27 affordable electric service, nor will consumers avoid repetition of 28 past problems with volatile wholesale electricity prices, rolling 29 blackouts, and long-term supply contracts that threaten consumers 30 with billions of dollars in above-market electricity costs, unless a 31 durable framework is enacted to support investment in needed 32 resources, as soon as possible. 33 SEC. 2. Article 17 (commencing with Section 400) is added 34 to Chapter 2.3 of Part 1 of Division I of the Public Utilities Code, 35 to read: 36 37 38 39 40 Article 17. Reliable Electric Service Act of 2004 400. This article shall be known, and may be cited, as the Reliable Electric Service Act of 2004. 99 I AB 2006 -4- 1 400.1. (a) An electrical corporation has an obligation to serve 2 the utility's bundled customers with reliable electric service at just 3 and reasonable rates, pursuant to Section 451. For purposes of this 4 article, the utility's "bundled customers" means core customers 5 and those noncore customers that commit to bundled service 6 pursuant to this article. 7 (b) The obligation to serve the utility's bundled customers 8 includes the obligation to plan for, invest in, and provide adequate, 9 efficient, and environmentally sustainable resources, including 10 utility-owned and procured generation resources, new and 11 repowered generation resources, high-efficiency cogeneration, 12 renewable generation resources, transmission and distribution 13 resources, energy efficiency and demand response resources, and 14 to employ an adequately sized, well trained utility workforce to 15 provide these resources. 16 (c) An electrical corporation has an obligation to serve noncore 17 customers that elect to enter into direct transactions, with electric 18 transmission and distribution service at just and reasonable rates, 19 pursuant to Section 451. No costs incurred by the electrical 20 corporation to serve noncore customers with electric transmission 21 and distribution service, shall be shifted to the utility's bundled 22 customers. 23 400.5. (a) To ensure that adequate investments are made in 24 resources necessary to provide consumers with reliable electric 25 service, the commission shall authorize an electrical corporation 26 to make investments in efficient, cost-effective resources, 27 including utility-owned and procured generation resources, new 28 and repowered generation resources, high-efficiency 29 cogeneration, renewable generation resources, transmission 30 resources, and cost-effective energy efficiency and demand 31 response resources, consistent with the electrical corporation's 32 approved integrated resource investment plan. 33 (b) The commission shall, after public hearing, approve and 34 thereafter maintain just and reasonable rates sufficient to ensure 35 that reasonable investments in the resources necessary to provide 36 consumers with reliable electric service, including a reasonable 37 return of and on investment, are fully recovered over the life of the 38 resource, and that costs reasonably incurred to operate and 39 maintain those resources are fully recovered on a timely basis. 99 I -5- AB 2006 1 (c) The cost recovery assurance for investments in resources 2 applies to both of the following: 3 (1) Direct investments made by an electrical corporation. 4 (2) The electrical corporation's full costs of contracting with 5 another entity, including the cost of any collateral requirements 6 and debt equivalence. 7 400.10. (a) To ensure that adequate investments necessary to 8 meet the electrical corporation's obligation to serve bundled 9 customers are made, each electrical corporation shall, no later than 10 July 1,2005, and at least every three years thereafter, prepare an 11 integrated resource investment plan to achieve a diversified, 12 environmentally sustainable portfolio of efficient cost-effective 13 supply and demand resources to serve the utility's bundled 14 customers. The integrated resource investment plan shall include 15 demand and supply forecasts for 5-,10-, and l5-year periods, and 16 shall ensure that adequate resources are available to reliably serve 17 the utility's bundled customers. The process for utility selection 18 and commission approval of these resources shall be designed to 19 achieve best value for the utility's bundled customers, by 20 considering reliability, efficiency, cost-effectiveness, system 21 impacts, resource diversity, and risk. The commission shall review 22 and approve, with such revisions as the commission deems 23 necessary to implement the provisions of this article, an electrical 24 corporation's integrated resource investment plan within 120 days 25 of receipt. 26 (b) The integrated resource investment plan shall provide for 27 investments in all practicable and cost-effective energy efficiency 28 and demand response resources, including load management, that 29 offer equivalent or better system reliability, equivalent or better 30 environmental improvements, and equivalent or lower costs to 31 ratepayers than supply alternatives. 32 (c) The integrated resource investment plan shall provide for 33 investments in renewable generation consistent with Article 16 34 (commencing with Section 399.11), provided that investments in 35 renewable generation are made in furtherance of the goal of 36 supplying 20 percent of an electrical corporation's retail sales from 37 eligible renewable energy resources, no later than December 31, 38 2010. 39 (d) (1) The integrated resource investment plan shall provide 40 for investments, including extensions, renewals, or renegotiations 99 I AS 2006 -6- 1 of existing contracts, in new or repowered generation and 2 high-efficiency cogeneration projects. These resources may be 3 obtained through investment by independent generators under 4 contract with the electrical corporation, through a competitive 5 procurement process or other process approved by the 6 commission, consistent with Section 454.5, or from direct utility 7 investment. To the maximum extent permissible under law, 8 repowering and high-efficiency cogeneration projects that offer 9 equivalent or better system reliability, equivalent or better 10 environmental benefits, and equivalent or lower costs to 11 ratepayers than new generation, shall be given first consideration. 12 (2) For purposes of this chapter, "high-efficiency cogeneration 13 projects" means a cogeneration project that can achieve thermal 14 efficiencies greater than 75 percent and are used to meet the 15 thermal requirements of continuous industrial or commercial 16 processes. 17 (3) For purposes of this chapter, "repowered generation" 18 means a project for the modification of an existing generation unit 19 of a thermal powerplant that meets all of the following criteria: 20 (A) The project complies with all applicable requirements of 21 federal, state, and local laws. 22 (B) The project is located on the site of, and within the existing 23 boundaries of, an existing thermal facility. 24 (C) The project will not require significant additional 25 rights-of-way for electrical or fuel-related transmission facilities. 26 (D) The project will result in significant and substantial 27 increases in the efficiency of the production of electricity, 28 induding, but not limited to, reducing the heat rate, reducing the 29 use of natural gas, reducing the use and discharge of water, and 30 reducing air pollutants emitted by the project, as measured on a per 31 kilowatthour basis. 32 (e) The integrated resource investment plan shall provide for 33 investments in new or expanded transmission facilities and control 34 systems that are needed to ensure efficient use and reliable 35 operation of the electric grid for core and noncore customers, to 36 facilitate the development of new, repowered, or renewable 37 generation facilities, or to accommodate load growth. With respect 38 to any new or expanded electrical transmission facility for which 39 the Independent System Operator has made a determination that 40 the project is needed to meet applicable reliability standards or to 99 I -7- AB 2006 I promote economic efficiency, that determination shall be 2 conclusive for purposes of determining whether to issue a 3 certificate of public convenience and necessity pursuant to 4 Chapter 5 (commencing with Section 1001), and shall be included 5 in the approved integrated resource investment plan. 6 (f) (1) The integrated resource investment plan may provide 7 for investments in distributed generation to improve system 8 reliability, thereby deferring or eliminating investments in 9 distribution facilities that are otherwise needed to improve system 10 reliability, by either direct investment by the electrical corporation II or under contract with a third party, provided the electrical 12 corporation finds that the investment in distributed generation 13 would accomplish each of the following: 14 (A) Result in overall cost savings due to deferral or elimination 15 of electric distribution projects. 16 (B) Provide the required reliability and operational 17 characteristics to support adequate service reliability to customers 18 in the affected area. 19 (2) In cases where the distributed generation is provided under 20 contract with a third party to reduce distribution system loads, the 21 third party must maintain physical assurance that the contracted 22 load reduction will be available during all required time periods. 23 (g) The integrated resource investment plan shall provide for 24 the continuation of the self-generation incentive program 25 authorized pursuant to Section 379.5 for ultraclean distributed 26 generation, as defined in Section 353.2. 27 (h) The integrated resource investment plan shall provide that 28 an electrical corporation shall meet the resource adequacy 29 requirements, owning or procuring sufficient electric generating 30 capacity to meet 100 percent of annual peak demand, plus requisite 31 operating and planning reserve margins as determined by the 32 commission, for the electric load served by the electrical 33 corporation. 34 400.20. (a) The Legislature finds and declares all of the 35 following: 36 (I) To ensure that an electrical corporation can properly plan 37 for and invest in resources to reliably serve its customers without 38 stranding costs or shifting costs among customers, a stable and 39 predictable customer base is necessary and essential. 99 I AD 2006 -8- I (2) A core and noncore electric service model, under which an 2 electrical corporation is required to provide bundled electric 3 service to all core customers on a cost-of-service basis, while 4 noncore customers with a maximum peak demand of at least 500 5 kilowatts, can elect to enter into a direct transaction to purchase 6 electricity from a nonutility electric service provider, will, if 7 properly structured, provide this stability. 8 (3) Under a properly structured core and noncore electric 9 service model, a utility's bundled service customers are indifferent 10 to whether or not a noncore customer elects to purchase electricity II from an electrical corporation or through a direct transaction. 12 (4) To ensure indifference, the commission is required to 13 prevent any shifting of costs to a utility's customers receiving 14 bundled service, from noncore customers that elect to purchase IS electricity through direct transactions. 16 (5) It is in the public interest to allow noncore customers that 17 elect to purchase electricity through direct transactions, a safe 18 harbor of limited duration during which they can receive 19 electricity from an electrical corporation, provided the utility's 20 bundled service customers are indifferent to whether a noncore 21 customer purchases electricity from an electrical corporation 22 during the safe harbor period. To ensure indifference, a noncore 23 customer should pay the higher of the incremental costs of 24 additional short-term spot electricity procured or generated to 25 serve them or the otherwise applicable tariff rate. 26 400.21. On or before December 31, 2005, the commission 27 shall adopt rules and regulations to implement a core and noncore 28 model that accomplish all of the following: 29 (a) An electrical corporation shall remain obligated to provide 30 reliable bundled electric service to core customers that have a 31 maximum peak demand of less than 500 kilowatts on a 32 cost-of-service basis. 33 (b) Noncore customers with a maximum peak demand of at 34 least 500 kilowatts may elect to enter into a direct transaction with 35 a nonutility electric service provider. The electric service provider 36 shall be fully responsible for the resource adequacy requirements 37 of the electricity load of the customers it serves, and the integrated 38 resource investment plan of the electrical corporation shall 39 exclude the resource adequacy requirements of the electricity load 40 serviced by an electric service provider. 99 I -9- AB 2006 1 (c) A noncore customer that elect to take bundled service from 2 the electrical corporation shall be subject to a five-year rolling 3 commitment to the electrical corporation. 4 (d) A noncore customer that elects to purchase electricity 5 through a direct transaction may thereafter receive default electric 6 commodity service from the electrical corporation under terms 7 established by the commission to ensure that the utility's bundled 8 service customers are indifferent to whether the noncore customer 9 purchases electricity from the electrical corporation during this 10 safe harbor period. To ensure indifference, a noncore customer 11 shall pay the higher of the incremental costs of additional 12 short-term spot electricity procured or generated to serve the 13 noncore customer or the otherwise applicable tariff rate. 14 (e) To ensure indifference, the commission shall adopt rules 15 sufficient to avoid a shifting of costs to the utility's bundled 16 customers that would result from noncore customers electing to 17 purchase electricity through direct transactions. Noncore 18 customers shall continue to pay those costs recoverable pursuant 19 to subdivisions (d), (e), (t), and (g) of Section 366.2. 20 (t) The commission shall adopt rules that defer new elections 21 to enter into direct transactions for the purchase of electricity by 22 noncore customers until the commission has approved a cost 23 recovery mechanism that ensures that new elections by noncore 24 customers to purchase electricity through direct transactions will 25 not result in the under recovery of any costs attributable to those 26 noncore customers. 27 (g) Customers that are purchasing electricity pursuant to a 28 direct transaction as of January I, 2005, including customers that 29 qualify as core customers, pursuant to rules adopted by the 30 commission, may choose to continue to purchase electricity 31 pursuant to direct transaction or to return to bundled service 32 provided by the electrical corporation. 33 (h) In designating the earliest possible date for implementation 34 of a community choice aggregation program, the commission 35 shall ensure that there will be no cost-shifting or stranding of 36 investments made pursuant to an integrated resource investment 37 plan of the electrical corporation that has been approved by the 38 commission. 39 400.22. (a) All electrical load serving entities, including 40 nonutility electric service providers and community choice 99 I AB 2006 -10- I aggregators, shall be subject to the same requirements for resource 2 adequacy, resource diversity, the renewable portfolio standard, 3 and demand response resources applicable to electrical 4 corporations. 5 (b) The commission, in consultation with the Independent 6 System Operator, shall establish resource adequacy requirements 7 to ensure adequate reserves of physical generating capacity are 8 available to serve all customers reliably. Consistent with federal 9 law, the Independent System Operator shall implement and 10 enforce these resource adequacy and reserve requirements in a II nondiscriminatory manner on all load serving entities. 12 400.30. To ensure that the utility's obligation to serve bundled 13 customers with reliable electric service at just and reasonable rates 14 is met by an electrical corporation, the commission shall adopt 15 rules and regulations consistent with the policies and provisions of 16 this article. Subject to judicial review as provided in this act, those 17 actions undertaken by the commission pursuant to the provisions 18 of this article are binding upon the commission, and modify, 19 amend and supercede any other provisions of law, including 20 Section 1708. 21 400.40. Nothing in this chapter shall alter or affect any 22 outcome of a competitive procurement process conducted by an 23 electrical corporation pursuant to any other law, including Section 24 454.5, prior to January 1,2005. 25 SEC. 3. No reimbursement is required by this act pursuant to 26 Section 6 of Article XIII B of the California Constitution because 27 the only costs that may be incurred by a local agency or school 28 district will be incurred because this act creates a new crime or 29 infraction, eliminates a crime or infraction, or changes the penalty 30 for a crime or infraction, within the meaning of Section 17556 of 3 I the Government Code, or changes the defmition of a crime within 32 the meaning of Section 6 of Article XIII B of the California 33 Constitution. o 99 I AB 2006 Assembly Bill - Bill Analysis Page 1 of 26 AB 2006 Page 1 Date of Hearing: April 19, 2004 ASSEMBLY COMMITTEE ON UTILITIES AND COMMERCE Sarah Reyes, Chair AB 2006 (Nu?ez) - AS Amended: April 12, 2004 SUBJECT Electrical restructuring: Reliable Electric Service Act of 2004. SUMMARY Establishes the Reliable Electric Services Act of 2004. This bill sets up requirements for establishing a core and noncore model of electric service, cost recovery of investments made by a utility or the utilities full costs of contracting, utilities obligation to file an integrated resource investment plan, generation resource selection, resource adequacy for all load serving entities, and transmission investment. Specifically, this bill Finds that: l)An adequate and reliable supply of electricity is essential to the health, safety, and welfare of all California consumers. That safe, reliable, and affordable electric service is of utmost importance to the consumers of this state and its economy and that electrical corporations have an obligation to provide their customers with reliable electric service at just and reasonable rates. 2)California consumers will not receive reliable and affordable electric service, nor will consumers avoid repetition of past problems with excessive wholesale electricity prices; rolling blackouts; and long term supply contracts that threaten consumers with billions of dollars in above market electricity costs, unless a durable framework is enacted to support investment in needed resources. Declares that: l)In order to provide safe, reliable, and affordable electric service to consumers, electrical corporations must provide needed resources. Which includes cost effective energy efficiency and demand reduction measures, utility procured generation, new and repowered generation, co-generation, renewable generation, transmission and distribution and an adequately sized and well trained workforce in a manner that AB 2006 Page 2 http://etZk2.eapitoltraek.eom/Bills/asmlab _200 1-2050/ab _2006_ efa _ 20040419_135005_ asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 2 of26 produces the best value for ratepayers. 2)10 order to ensure that investments in resources are made in a manner that produces the best value for ratepayers, electrical corporations should prepare a long term resource plan for California Public Utilities Commission (CPUC) review and approval, that achieves a diversified portfolio of efficient, cost effective supply and demand resources. 3)10 order to ensure that the long term resource plan achieves a diversified portfolio of efficient, cost effective supply and demand resources, resource adequacy requirements shall be met first through effective energy efficiency and other demand reduction measures. 4)10 order to ensure that a long term resource plan will result in investments in resources sufficient to provide reliable electric service to customers of an electrical corporation without stranding costs or shifting costs, a stable and predictable customer base is necessary and essential. 5)In order to attract sufficient capital to make investments in needed resources, there must be assurance that reasonable costs and investments, including a return of and on direct investments, and payments made to third parties under contract with an electrical corporation for non utility owned generation, are recovered in rates. 6)Nothing in this bill alters or affects the outcome of competitive procurement process conducted by an electrical corporation pursuant to exiting law prior to January 1, 2005. Definitions in this bill: 1) Electric service as defined in this bill includes providing adequate, efficient resources, including cost effective energy efficiency and demand response resources, utility owned and procured generation, new and repowered generation, co-generation, renewable generation, transmission and distribution resources, billing and metering and employing an adequately sized, well trained utility workforce. 2)Non utility generation as defined in this bill means facilities for generation of electricity owned and operated by an entity other than an electrical corporation or an affiliate AB 2006 Page 3 of an electrical corporation. Obliqation to Serve: 1) Specifies an electrical corporation has an obligation to http://ctZk2.capitoltrack.comIBills/asm/ab_2001-2050/ab _2006_cfa_ 20040419_135005_ asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 3 of26 provide the utility.s customers with reliable electric service at just and reasonable rates. 2)Specifies an electrical corporation has no obliqation to procure electricity or meet resource adequacy requirements for any customer who elects to enter a direct transaction. 3)Specifies that no costs shall be incurred by the electrical corporation as a result of it serving direct access (DA) customers. Cost Recovery: l)Requires CPUC to authorize an electrical corporation to provide efficient, cost effective resources, including cost effective energy efficiency and demand response resouces, utility owned and procured generation resources, new and repowered resources, co-generation, and renewable generation resources consistent with long term plans adopted by CPUC. 2)Requires CPUC after a public hearing to approve and maintain just and reasonable rates sufficient to ensure that the electrical corporation fully recovers the cost of investments found reasonable by CPUC over the life of the resource. Including costs reasonably incurred to operate and maintain those resources on a timely basis. 3)Specifies cost recovery assurance for investment in resources applies to 1) direct investment made by an electrical corporation and 2) an electrical corporations full costs of contracting for generation resources, including the cost of collateral requirements and debt equivalence. Lonq Term Resource Plan: l)Requires an electrical corporation to prepare a long term resource plan (LTRP) consistent with existing law to achieve a diversified portfolio of efficient cost effective supply and AB 2006 Page 4 demand resources. LTRP is to include demand and supply forecasts for 5, 10, 15 year periods and is to reflect energy efficiency programs approved by CPUC. 2)Requires CPUC, after a public hearing, to review and approve an electrical corporations LTRP consistent with existing law, including changes to LTRP that CPUC determines are necessary. 3)Specifies LTRP must provide for investments in practicable cost effective energy efficiency and demand response resources, including load management, that offer equivalent or http://ct2k2.capitoltrack.comlBills/asm/ab 2001-2050/ab _2006_cfa_ 20040419_135005_ asm_co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 4 of 26 better system reliability, equivalent improvements, and equivalent or lower supply alternatives. or better environmental costs to ratepayers than 4)Specifies LTRP provide for investments in necessary generating resources, which may include extensions, renewals or renegotiations of contracts for existing generation resources that may be new or repowered or co-generation projects. 5)Specifies LTRP may provide for investments in distributed generation that would improve system reliability thereby reducing or eliminating investments by the electrical corporation in distribution facilities. The investments in distributed generation can come from the electrical corporation or third party and would result in: a) Cost savings to ratepayers as a result of deferring or eliminating utility distribution projects. b) Reliability and operational characteristics to support adequate service reliability to customers in the affected area of the distributed generation. c) A guarantee from third party distributed generation operators that contract load reduction will be available during all required time periods. 6}Requires the continuation of the self generation incentive program to be administered for ultraclean distributed generation as it existed on January I, 2004. 7)Requires an electrical corporations LTRP to meet resource adequacy needs through owning or contracting for sufficient physical generation capacity to meet 100% of annual peak AB 2006 Page 5 demand of electric load serviced by the electrical corporation, including operating and planning reserve margins as determined by CPUC. This does not include electrical load of customers who entered DA. Generation Resource Selection: l)Specifies an electrical corporations approved procurement plan achieve best value for ratepayers by considering price, reliability, stability, efficiency, cost effectiveness, system impacts, resource diversity, and risk. 2)Requires an electrical corporation to manage a diversified portfolio of non utility generation under contract with the utility, and utility owned generation, combining the potential benefits of a competitive wholesale market including operating efficiencies and lower prices, with the stability of cost of http://et2k2.eapitoltraek.eom/Bills/asm/ab_2001-2050/ab_2006_ efa _ 20040419_135005_ asm _eo... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 5 of26 service regulation resources. 3)Requires an electrical corporation to recommend to CPUC approval of generation resources necessary to meet resource adequacy requirements consistent with the following: a) Non utility generation selected through a competitive solicitation consistent with an electrical corporation approved procurement plan. b) Bilateral contracts, determined to be reasonably priced relative to a CPUC developed market based benchmark, with non utility generation consistent with an electrical corporation approved procurement plan. c) Utility owned generation filed by an electrical corporation for a certificate of public convenience and necessity consistent with its approved procurement plan and determined by CPUC to be reasonably priced relative to a CPUC developed market based benchmark. Transmission: 1) Requires an electrical corporation to invest in new or expanded transmission facilities and control systems that are needed to ensure efficient use and reliable operation of the grid. AS 2006 Page 6 2)Specifies that California Independent System Operator (ISO) determination of the need for transmission projects to meet reliability standards shall be conclusive for the purposes of CPUC's need determination. Core/Noncore: l)Establishes a core and none ore electric service model, under which an electrical corporation is required to provide electric service to all core customers with a maximum peak demand of less than 500 kilowatts (kW) on a cost of service basis, while noncore customers with a maximum peak demand of at least 500 kW can elect to enter into direct transactions with a nonutility electric service provider (ESP). 2)Specifies that under a properly constructed core and noncore structure customers in the core portfolio should be indifferent to whether a noncore customer purchases electricity through DA. 3)Requires CPUC to prevent any cost shifting by noncore customers purchasing electricity through DA to core customers. http://et2k2.eapitoltraek.eomIBills/asm/ab_2001-2050/ab_2006_ efa _ 20040419_135005 _asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 6 of 26 4)Establishes a safe harbor of limited duration for noncore customers to purchase electricity from an electrical corporation through either paying the higher of incremental costs of additional short term electricity procured or generated to serve them or an applicable tariff rate. 5)Requires CPUC on or before December 31, 2005 to adopt rules and regulations to implement a core and noncore model to accomplish the following: a) Core customers and none ore customers not electing direct transactions to receive electric service from an electrical corporation on a cost of service basis. b) Process to allow noncore customers to elect to enter into a direct transaction and requiring ESPs to be responsible for meeting CPUC approved resource adequacy requirements (RARs). c) Requirement for none ore customers not electing direct transactions to be subject to a five year rolling commitment to an electrical corporation. AB 2006 Page 7 d) Requirement for noncore customers to continue paying historical costs associated with deregulation, long term contracts signed by the Department of Water Resources (DWR) , and any utility undercollections. 6)Requires CPUC to defer new elections for direct transactions subject to approval of a cost recovery mechanism that ensures that new elections for direct transactions by noncore customers will not result in the under recovery of any costs attributable to those noncore customers. 7)Allows customers purchasing electricity through direct transactions as of January 1, 2005 including customers with a maximum peak demand of less than 500 kW to elect to continue purchasing electricity through direct transactions or return to service provided by an electrical corporation. 8)Specifies CPUC to ensure that no cost shifting or stranded investments of long term electrical corporation resources approved by CPUC are made as a result of implementation of community choice aggregation. Resource Adequacy: l)Specifies that all load serving entities, including nonutility ESPs and community choice aggregators are subject to the same requirements for resource adequacy, resource diversity, the renewable portfolio standard (RPS) as an electrical httn./I"t?1c? "~n;t"ltr~".1c ""mlHill./~.m/~h 7.001-7.0'i0/~h 2001i cf~ 20040419 11'i00'i a.m COm 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 7 0[26 corporation. 2)Specifies that ISO in consultation with CPUC to establish RARs to ensure adequate physical generating capacity to meet peak demand and planning and operating reserves. ISO shall implement and enforce the requirements in a nondiscriminatory manner. 3)Allows load serving entities to procure physical generating capacity through a market based mechanism in order to meet RARs in this bill. 4)Exempts local publicly owned electrical utilities from this bill's RARs. AB 2006 Page 8 EXISTING LAW: l)Establishes that CEC has the exclusive power to certify all thermal powerplant sites over 50 MW and related facilities in the state, whether a new site and related facility or a change or addition to an existing facility. 2)Establishes that CPUC is responsible to ensure that all utility customers receive reliable service at just and reasonable rates and giving CPUC the power to undertake all necessary actions to properly regulate and supervise California's investor-owned utilities (IOUs). 3)Establishes that the collection of rates for an IOU be deemed reasonable and prudent. CPUC is responsible for determining the inclusion of IOU assets into the rate base as long as they are deemed used and useful. 4)Establishes a process to allow CPUC to make disallowances to an IOU project as specified. 5)Requires CEC to develop an Integrated Energy Policy Report at least every two years, to assess and forecast all aspects of energy industry supply, production, transportation, delivery and distribution, demand and prices. 6)Establishes a process whereby CPUC can approve long term procurement plans filed by the IOUs. The plans are to include price risk assessments, definition of electricity product, duration of plan, and a competitive procurement process, an incentive mechanism if one is proposed and upfront standards and criteria to be known by the utility prior to execution of any contract. Power purchase agreements pursuant to this httn'//ct2k2.canitoltrackcomlBil1s/asm/ab 200l-2050/ab 2006 cfa 20040419 135005 asm co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 8 of26 section are not subject to after the fact reasonableness review by CPUC. 7)Specifies that the electrical corporations will create or maintain a diversified procurement portfolio consisting of both short and long-term electricity and electricity related and demand reduction programs. 8)Establishes in statute specified charges for a 10Us historical costs as a result of deregulation, undercollections, and DWR AB 2006 Page 9 bond and power charges. 9)Suspends direct transactions until the state no longer procures power and prohibits CPUC from raising rates for customers below 130 percent of baseline. FISCAL EFFECT Unknown. COMMENTS Pre Enerqy Crisis and Deregulation: Californians before the energy crisis and the passage of AB 1890 (Brulte) Chapter 854, Statutes of 1996 had received stable and predictable electricity service through electrical corporations under a cost of service regulatory system for nearly a century. Energy policies at both the federal and state level, including environmental laws, public policy and regulatory decisions as well as growing concerns regarding the efficiency of cost of service regulation prompted the march toward deregulation and customer choice by the mid 1990s. Federal policies requiring electrical corporations to purchase electricity from Qualifying Facilities (QFs) using cogeneration or renewable technology came about through the Public Utility Regulatory policies Act (PURPA) of 1978. Under PURPA the utilities were required to interconnect with QFs and rates for electricity purchases from QFs were not to exceed utility "avoided costs". The purpose of this was to ensure that ratepayers should be indifferent, from a costs standpoint, to the use of QF power or utility generation since both should cost the same. Over time for the utilities in California QF contracts were cited as a principle reason for the higher than average cost of electricity in the state. The next major federal policy to affect California was the passage of the Energy Policy Act of 1992 (EPAct92). The major components of EPAct92 was to amend the Federal Power Act (FPA) to give the Federal Energy Regulatory Commission (FERC) authority to order utilities to provide interstate transmission service to any jurisdictional supplier requesting such service. The EPAct92 also amended the Public Utilities Holding Company httn.llr.t7.k7.r."nito1tr"ck_com/Rill"/a.~m/ab 200l-2050/ab 2006 efa 20040419 135005 asm eo... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 9 of26 Act (PUCHA) to exempt independent power producers from most of the provisions of PUCHA and to allow U.S. utility holding companies to own interest in foreign utilities and vice versa. AB 2006 Page 10 In California the events that led up to the passage of AB 1890 reflected the policies enacted by the federal government through PURPA and EPAct92 but there were some key issues unique to California that accelerated the push for electricity deregulation. Leading up to deregulation California consumers and businesses saw the costs of energy increase dramatically as a result of costs associated with QF contracts, cost overruns in constructing nuclear generation and newly enacted environmental laws, which applied to utility generation construction during the 1970s. Also by the 1980s the rates of all three utilities were above the national average primarily as a result of electric utilities heavy reliance on oil fired electric generation during a time when the price of fossil fuels skyrocketed. By 1993 the Division of Strategic Planning in CPUC issued a report titled California's Electric Service Industry: Perspectives on the Past, Strategies for the Future ,which laid the foundation for the later CPUC decisions adopting the wholesale restructuring of the electric industry in California. The passage of EPAct92 and the growing clamor over cheaper electricity through consumer choice prompted both regulators and policymakers to throw caution to the winds and dive headlong into a comprehensive market reform proposal with the belief that cheaper power in abundant supply would be available. FERC did their part in setting the stage with their passage of Order 888 and Order 889 in 1996. Both of these orders were the backstop for the primary federal foundation for providing transmission service, ancillary network support services and information about the availability of these services to support both wholesale and retail competition in the supply of generating resources. Declaring the energy regulation system "fragmented, outdated, arcane, and unjustifiably complex," CPUC voted in December 1995 to open the state's electricity industry to competition. After passing unanimously in both houses of the California legislature, the final legislation was signed into law in 1996 by Republican Governor Pete Wilson, making California the first state to deregulate electricity. At the outset, deregulation in California worked well. Wholesale prices were low, consumer rates were steady and the new structure appeared to be working. But then, in the spring and summer of 2000, a kind of lIperfect storm" hit the energy httn://ct2k2.canitoltrack.com/Bills/asm/ab 2001-2050/ab 2006 efa 20040419 135005 asm co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 10 of26 AB 2006 Page 11 market in California. The Enerqy Crisis: The passage of AB 1890 and CPUCs Decision 95-12-063 adopting the restructuring of the state's electric services industry ushered in a new of era of competition regarding electricity service. All customers under this new structure would be allowed to choose an electric service provider other than an IOU for electric service. Electric rates were cut by 10% via a rate reduction bond and frozen until 2002. In 2000 San Diego Gas and Electric (SDG&E) had earned sufficient profits to cover all of its stranded costs and no longer was subject to the retail price caps set by AB 1890, which were still kept in place for the other two uti The passage of AB 1890 also authorized the creation of the California Power Exchange (PX) to operate a statewide short term market, and required utilities to obtain all their power from it. PX developed a day ahead and a same day market where PX accepted bids to sell electricity hour by hour and bids to purchase hour by hour. Prices for each hour were determined on a market clearing basis, with all buyers for a given hour paying the same market clearing price and all sellers receiving the same market clearing price. The market clearing price was the lowest price that would provide enough electricity from accepted sales bids to satisfy all the accepted purchase bids. Under this system the utilities were allowed to recover costs that were deemed stranded through the difference between the price for the frozen utility rates and the price the utilities purchased electricity in the PX. For the first two years, low PX prices allowed utilities to collect their stranded costs ahead of schedule. AB 1890 also established ISO to control the prices and terms under which electricity generators could move power across the grid. But in the summer of 2000, everything happened at once to start the energy crisis. Unusually hot weather during the summer of 2000 in conjunction with low water levels in the Northwest cut importable electricity to California. The price of wholesale electricity sold in the PX started to escalate in 2000 reaching unprecedented levels over the remainder of the year. In 2000 http://ct2k2.capitoltrack.comlBills/asm/ab_2001-2050/ab_2006_ cfa _20040419_135005_ asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 11 of26 AS 2006 Page 12 from June to July wholesale electricity prices increased on average 270 percent over the same period in 1999. Furthermore, ISOs Stage 3 emergency notifications signaling rotating blackouts during this time period increased from 1 in 2000 to 38 through May of 2001. During that time most of the notifications by ISO regarding Stage 3 alerts occurred during the off peak periods in California, where the state should have had an enough power to meet system reliability. The problems IOUs faced during this period was that high wholesale power prices and the imposition of retail price caps restricted recovery of these costs, which created severe financial distress for them. In Pacific Gas and Electric's (PG&Es) case the utility filed for Chapter 11 bankruptcy protection on April 2001 because in their estimation they had spent over $9 billion for wholesale power to service its customers without any rate recovery from CPUC. Southern California Edison (SCE) estimated that its unrecovered power purchase costs during that time period amounted to $2.6 billion and SDG&E said estimates for them was $447 million. With the credit lines of the two largest utilities exhausted, suppliers refused to sell electricity to creditless utilities, which forced the state to step in with its line of credit and assume responsibility for buying electricity in the spot market to keep the lights on for utility customers. As the crisis worsened into 2001, the state acted urgently to negotiate long-term contracts (valued at $43 billion) with generators and suppliers. Meanwhile-after intense media and political pressure- FERC finally set a wholesale price cap and must-offer obligations. These and other factors brought price stability to the market. Market Manipulation: During and after the energy cr1S1S regulators and policymakers firmly believed that the market was being manipulated. Only later did it become known that companies like Enron had used megawatt laundering schemes to evade ISO price caps to sell back electricity at much higher prices to California. Most recently a federal grand jury in San Francisco charged Reliant Energy Services Inc. for plotting to hide a multi-million dollar trading loss in June 2000 by shutting off four of the company's five California power plants, causing energy prices to rise, then bringing some of the plants AS 2006 Page 13 online to take advantage of the higher hourly price rates. For Reliant the scheme resulted in California ratepayers paying up to $32 million more for electricity during the energy crisis. http://et2k2.eapitoltraek.eomIBills/asm/ab_2001-2050/ab_2006 _ efa _ 20040419_135005_ asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 12 of26 Currently the California Attorney General along with the other agencies are asking FERC to refund billions of dollars back to California ratepayers for unjust and unreasonable prices charged for electricity during the energy crisis. ISO estimates that California ratepayers were overcharged nearly $6 billion during this time period. Post Enerqy Crisis: Collapse of Deregulation and the State's Entry Into Power Procurement: To avoid the dysfunctional spot market that financially decimated IOUs and threatened catastrophic rate increases, AS Xl 1 (Keeley), Chapter 4, Statutes of 2001, established a structure to permit the DWR to buy needed electricity for IOU customers under long-term contracts. To ensure the predictable revenue stream necessary for long-term contracts, the issuance of ratepayer-backed revenue bonds, and prevent cost-shifting from DA to bundled service customers, CPUC was directed to suspend DA to prevent additional migration of IOU customers. After a seven-month delay, CPUC suspended DA on September 20, 2001. Between January and June 2001, the vast majority of customers previously served by DA providers returned to IOU service, benefiting from retail rates, which were lower and more stable than market prices. During the same time period many of those customers who came back to bundled service as the wholesale market collapsed left within months to go back to direct transactions as market conditions improved and the state had procured $43 billion in power on behalf of IOU customers resulting in a massive cost shift to bundled ratepayers. An example of this was that from July 1 to September 20 period, DA increased from approximately 2% to approximately 13% of the total IOU load. The Consequences for IOU Customers Due to the Energy Crisis: Since early 2001, the electricity rates set by CPUC for the customers of the state's major rous have exceeded 10Us' ongoing cost of service, far exceeding the rates of in-state municipal utilities or any neighboring state, and ranking among the AS 2006 Page 14 highest in the nation. In January, and again in March, 2001, CPUC increased rates for the customers of SCE and PG&E a combined average of 4 cents per kw hour. High-usage residential customers and the vast majority of business customers who take bundled service were hit especially hard. Also, the recent PG&E bankruptcy settlement agreement between CPUC will saddle ratepayers in PG&E with rates significantly higher than the national average for the next 9 years. http://et2k2.eapitoltrack.eom/Bills/asm/ab_2001-2050/ab_2006_efa _ 20040419_135005_ asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 13 of 26 Furthermore, CPUC in Decision 02-11-022 dedicated a share of IOU rates to a loan program to defer DA customers' payment of DWR and IOU procurement costs. In that decision CPUC capped the payment for these costs applicable to DA customers at 2.7 cents per kWh. CPUC majority reasoned such a cap was necessary to maintain the viability of existing DA contracts and prevent jobs and businesses from leaving the state. It was understood by parties at that time the 2.7 cents wouldn't pay back what DA customers owed for DWR power already delivered, or for DWR operating costs, so a revenue shortfall or "under-collection" resulted and a tracking account was established to monitor the amount owed by DA customers. This amortization of DA costs essentially resulted in a forced loan to be carried by bundled ratepayers until such time that DA customers payed off the total amount owed minus changes in the revenue requirement determined annually by DWR. Rate Reductions After the Enerqy Crisis: CPUC Energy Division released a report on a core/noncore structure showing that ratepayer costs associated with the energy crisis have gone down due to the rate reduction for SCE and PG&E bankruptcy settlement (another reduction may occur for PG&E if the dedicated rate component is adopted) for the short term. Still even with these current round of rate reductions over the long run rates will not begin to decrease again until the end of DWR bond charges, costs associated with PG&Es bankruptcy, long term DWR contracts, and on going QF contract obligations. Furthermore, existing law in AB xl 1 (Keeley) prohibits cost shifting of any kind to customers below a 130 percent of baseline, which means over the mid and long term absent any legislative changes customers using more than 130 percent, commercial, agricultural and large industrial customers will bear a disproportionate share of the costs associated with the energy crisis. AB 2006 Page 15 Stabilizinq Investor Owned Utilities: As a result of the state utilizing its credit capacity to purchase electricity on behalf of IOUs through the spot market and through long term power contracts IOUs have an excess capacity of electricity until 2011. This excess capacity has resulted in IOUs at times becoming net sellers of electricity to the market versus buyers. Furthermore, CPUC has approved numerous decisions since the energy crisis in order to stabilize the utilities through the following decisions: D. 02-08-071: Gave the utilities transitional procurement authority to procure their forecasted on peak residual net short (RNS) needs (under a low case scenerio) using multi year contracts. http://et2k2.eapitoltraek.eomlBills/asm/ab _ 2001-2050/ab _2006_ efa _ 20040419_135005_ asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 14 of26 D. 02-08-071 (renewables): Approved 600 MW of renewable energy resources under contracts ranging from 1 to 15 years to assist the utilities in meeting their Renewable Portfolio Standard (RPS) targets. D. 02-10-062: Approved the utilities 2003 short term procurement plans (though the actual power bought or contracted may cover the utilities needs for up to five years, which means as late as 2008). [The above decisions implemented the provisions of AB 57 (Wright), Chapter 835, Statutes of 2002 to prohibit after the fact reasonableness reviews for IOU power purchase agreements, require utilities to file long term plans to CPUC and establish a process to 10Us and CPUC to evaluate and approve non utility power purchase agreements] D. 03-08-066: Approved PG&E request to solicit offers to procure up to 50% of its non base load needs for 2004. D. 03-12-059: Approved SCE's request to enter into a long term Purchased Power Agreeement for the 1,054 MW Mountainview project. D. 03-12-062: Authorized the utilities to enter into contracts with terms up to five years for transactions to meet 2004 needs with delivery beginning 2004. D. 04-01-050: Requires utilities to offer a new five year AB 2006 Page 16 standard offer (SO) one contracts to pre-existing QFs whose existing contract has either expired or will expire prior to January 1, 2006. What This Bill Seeks To Do: According to the author, "AB 2006 seeks to establish a solid framework for the state's power industry, which should help encourage investment in new power plants. Such investment has dried up in recent years, in part due to regulatory uncertainty. We must replace the current uncertainty in the regulatory environment in California with a clear energy policy to make sure that we secure power when we need it at prices we can affordll. Generation Resource Selection: Currently, in California more than 6,500 MW of power plants have been permitted but not constructed, because credit fundamentals of independent power producers are weak. In fact most of the generators are seeking to enter into long term contracts with an IOU because the financial markets will only provide capital to projects that have a clearly defined revenue stream over a longer period of time (estimate is a minimum of 10 years) . http://et2k2.eapitoltraek.eomlBills/asm/ab_2001-2050/ab_2006 _ efa _20040419_135005_ asm _CO... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 15 of26 Also, from a financial standpoint credit rating agencies like Fitch point out that the pendulum is swinging back toward utility self build or acquisition of power production assets as a reaction by utilities and state regulators against weak credit fundamentals of independent power producers and fears of revocation of physical power supply contracts by bankrupt generators. On the issue of the viability of the independent generation market the Energy Division at CPUC highlights the findings of a 2004 Standard & Poor's study which noted that: "In less than 10 years, U.S. energy merchant companies have gone from the cradle to the graveside, if not the grave itself. In the past two years well over $100 billion of energy merchant market capitalization has disappeared as almost everything that could have gone wrong with the nascent energy merchant industry did?Credit ratings for 12 companies owning more than 200,000 MW of generation worldwide have fallen from investment grade (in most cases) to low non investment grade levels." This bill seeks to provide independent power producers (IPPs) an AB 2006 Page 17 opportunity to compete for IOU capacity requirements. Currently, numerous IPPs have generation that has been approved by CEC that will not be constructed without a long term power procurement agreement with an IOU. Some of IPPs and ESPs argue that generation can be constructed through short term retail contracts but this is contrary to the financial realities of the market and information from credit rating agencies. This bill specifies that each IOU in order to meet RARs shall recommend to CPUC approval for generation through a competitive solicitation process, bilateral contracts or utility constructed. If IOU recommends to CPUC generation projects through either a bilateral or utility constructed process then CPUC must find that either the bilateral contract or the Certificate of Public Convenience and Necessity (CPCN) for the utility constructed generation facility be reasonably priced relative to a market based benchmark that CPUC has already adopted in the AB 57 process. This ensures that IOU and CPUC are indifferent to the approval of generation through contracts or a utility constructed process but only approve them if they represent the IIbest value" for ratepayers. Opponents argue that the language does not provide the assurance necessary for IPPs to believe that the process for selecting generation resources will not be biased toward utility generation. They cite the inconsistencies in current regulatory and utility practices like seE's Mountainview project as reasons http://et2k2.eapitoltraek.eomlBills/asm/ab_2001-2050/ab_2006 _ efa _ 20040419_135005 _asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 16 of26 why independent generators may not be have any incentives to continue to invest in generation in the state. Intrinsic value of utility owned qeneration. Some of the arguments around this issue have been that regulators should ignore the intrinsic value of utility generation and the assumption that utility generation is better than non utilty generation. Specifically, IPPs point out that the state should compare each of these resources solely on the basis of cost and value to the ratepayer. There is clearly an intrinsic value from a policy perspective and from a ratepayer perspective regarding utility generation. The costs borne by ratepayers as a direct result of the energy crisis is clear reminder that we should never place our electricity dependency in the arms of the market. Only utility generation is obligated to provide service through cost-of-service rates for the life of the facility dedicated to AB 2006 Page 18 ratepayers in the state. Furthermore, the intrinsic value of utility generation over power purchase contracts is that legally contracts can be broken as we saw during the energy crisis. As a result of a contract being broken either intentionally or unintentionally rous, being under an obligation to serve, must continue providing electricity under cost based rates to those customers regardless of where they came from. Some IPPs point out that recent decisions made regarding Mountainview and SDG&E grid reliability proposal were not fair and open. Also, some of IPPs support the current AB 57 process for 3rd party resource selection and say that any further statutory changes are unnecessary. Furthermore, in recent discussions a few IPPs supported a process for a guarantee of each 10Us capacity needs (baseload or reserve) or a 3rd party decision making entity to decide what an IOU will procure and how they will procure for it. The latter proposals to either set aside an 10Us capacity for IPPs or to have a 3rd party decision maker determine resource selection is counter to the century old regulatory compact between regulated utilities and state public utilities commissions. Under that compact an investor owned public utility in California is granted 1) an exclusive retail franchise to serve a specific geographic region; 2) an opportunity to recover prudently incurred expenses; 3) an opportunity to earn a reasonable return on investment; and 4) powers of eminent domain. In return for these privileges, the utility is subject to cost and price regulation by CPUC, and required to provide safe and reliable service to all customers in its service area on a nondiscriminatory basis. Should CPUC be allowed to adiust an 10Us cost recovery subiect http://et2k2.eapitoltraek.eom/Bills/asm/ab_2001-2050/ab_2006_efa _20040419_135005_ asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 17 of26 to the amount of risk is involved in power contracts? This bill requires that the utilities full costs of either direct investments or procured generation be approved by CPUC after public hearing in which the costs are found reasonable, including the costs associated with debt equivalence or collateral requirements. The cost recovery is further spelled out to say that it include a reasonable opportunity to fully recover a reasonable return on investment over the life of the resource. The Utility Reform Network (TURN) points out that regarding the construction of the cost recovery language in this bill should AB 2006 Page 19 allow CPUC to take into account differing types of risk as it relates to debt equivalence when approving an authorized return on equity (ROE) for a PPA. From TURN's perspective this ensures that CPUC continues to have the regulatory authority to adjust ROE's depending on the circumstances of how PPA1s are viewed by the financial community and rating agencies as it applies to each utility. The dilemma over repowerinq continues to exist even thouqh the issue of prioritization is no lonqer in this bill: California has over 15,000 MW of generation that was constructed prior to 1980. Some of this generation has been currently repowered but most are still operating under ISO administered Reliability Must Run (RMR) contracts which pay the full costs of the generators (fixed costs plus fuel costs) in exchange for the generators providing power when called upon. The costs to keep these contracts serviced are directly passed down to ratepayers in each IOU service territory amounting to millions of dollars each year. Prior to the energy crisis CPUC issued Decision 95-12-063 that allowed IOUs to voluntarily divest at least 50% of their fossil generation assets and provided them with incentives in the form of granting an increase in the rate of return for their equity component of up to 10 basis points for each 10% of fossil generating capacity divested. AS a result of this decision 10Us divested a combined 20,187 MW and recouped $3.174 billion for the sale of their assets. This was over $1 billion above the book value for these generation facilities. Companies like Dynegy, Reliant, Calpine, Mirant, Duke and others purchased the generation divested. Afterwards, most if not all of the divested generation purchased were eligible for RMR contracts due to their location and local reliability requirements established by ISO. ISO and CEC concerned about the potential retirement of older qeneration and its affect on qrid reliability. Since the energy crisis CEC and CPUC have been highlighting the need to have a comprehensive review of thermal powerplants that need to be http://et2k2.eapitoItraek.eom/BilIs/asm/ab_2001-2050/ab_2006_efa _ 20040419_135005_ asm_ co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 18 of26 redeveloped (i.e., repowered). In July 2003 CEC issued a staff paper on Aqinq Natural Gas Power Plants in California In the paper the concerns were raised that a significant number of older facilities may lack the reliability to be available when needed as a result of age of the facility and or the need to retrofit the facility with selective catalytic reduction (SCR) AB 2006 Page 20 emission control equipment. Furthermore, about 30,000 MW of dependable capacity is provided by in state natural gas power plants with a capacity of 50 MW or greater. These facilities play an important role in the operation of the electric system by providing needed capacity to meet peak demand, and providing swing capacity to meet annual electricity needs when imports or hydroelectric resources are low. OVer half of these facilities were built before the 1960's and have high heat rates making them 25-50 percent less efficient than plants coming on line. How important should repowerinq be in an enerqy policy debate? There is a growing concern by ISO that generators are going to retire their older power plants due to difficulties in getting financing or for other business reasons. If a growing number of older facilities begin to be retired this will affect system reliability because more than 15,000 MW of generation are supplied by facilities constructed prior to 1980. Other options that are available to reduce our exposure to the retirement of older generation are through transmission infrastructure improvements, clean distributed generatio reduction and energy efficiency programs. The combination of these actions would greatly reduce the costs IOUs and ratepayers pay to keep mostly inefficient generation operating solely for reliability reasons. Generation resource selection proposed under the AB 57 process. Currently, SDG&E has a grid reliability request proposal pending at CPUC that includes a power purchase agreement with a 585 MW gas-fired combined-cycle power plant under construction by Calpine, in SDG&E's service area, that will interconnect with SDG&E's electric system at the Miguel substation. SDG&E's is also seeking approval of a 500 MW/base, 555 MW/peak combined cycle natural gas-fired generation plant to be built by Sempra Energy Resources and then turned over to SDG&E as a utility-owned generation project. The core/noncore model under this bill has five-year rollinq commitment requirement for noncore customers that may be too lonq. As this bill is structured a noncore customer is required to notify an IOU five years before it actually leaves the core portfolio. There are few companies that would be able to predict where they want to receive electrical service from that far in advance. Is there a more realistic time frame that would work with the realities of how businesses make decisions? Also, if CPUC establishes an ongoing cost recovery mechanism won't http://et2k2.eapitoltraek.eomIBills/asm/ab_2001-2050/ab_2006_ efa _ 20040419_135005_ asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 19 of26 AB 2006 Page 21 this allow for potentially stranded costs to be recovered by the core thereby eliminating the need to have such a long rolling commitment to IOU? Should there be time frame set for noncore customers seekinq safe harbor in the core portfolio? Under this bill there is no time frame to leave other than the 5 year rolling commitment for noncore customers who choose to go to IOU as a default provider. This bill partially mitigates this question by specifying that noncore customers under this scenario would be required to pay the higher of spot or utility generation to service the noncore or tariff rate. Still even with the requirement that IOUs charge a different rate to noncore customers there should be a timeframe established to require them to make a choice between being a core or none ore customer. Any future payment of costs associated to provide electrical service to noncore customers should not be amortized. As noted in the background CPUC in 2002 amortized the costs of electricity procured on behalf of customers who went to direct transactions after taking safe harbor with an IOU. This "forced loan" to ratepayers resulted in a customer responsibility surcharge (CRS) that was set at 2.7 cents/kWh at a total estimated cost of around $600 million to be paid off over a number of years. This action to amortize eRS over number years results in bundled ratepayers having to defer a potential rate reduction until the payment of CRS is complete. To prevent this in the future, this bill should prohibit the amortization of payment costs as a result of procuring electricity on behalf of noncore customers. Opponents of the measure want the ability to aqqreqate lower than the 500 kW threshold. Electric service providers and some customer groups support aggregation lower than 500 kW, which includes aggregation of multiple meters. The concerns regarding adopting a structure of DA that supports aggregation below 500 kW would result in tremendous uncertainties regarding resource planning as highlighted by CPUC Energy Division in there core/noncore report. The report showed that if an uncapped core/noncore structure were proposed for customers above 500 kW it would result in a potential forecasting uncertainty of almost 25% of the utilities total load. http://et2k2.eapitoltrack.eom/Bills/asmlab_2001-2050/ab_2006_ efa _ 20040419_135005_ asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 20 of26 AS 2006 Page 22 This bill requires that an IOU either own or contract for sufficient physical qeneratinq capacity to meet 100% of annual peak demand. This requirement for 100% of peak demand is similar to the position that ISO proposed in CPUC Long Term Procurement Proceeding but the utilities argue that this super reliability is not needed and would result in "insurance" costs being borne by ratepayers. Some utilities like PG&E have supported a more modest 90% threshold in the Long Term Procurement Proceedings. This bill should specify whether this capacity to meet resource adequacy should be firm and whether ISO should schedule a day ahead or month ahead and whether IOUs can utilize market mechanisms to buy and trade resource capacity. Should municipal utilities be subiect to a resource adequacy requirement? This bill exempts all local publicly owned utilities (MUNls) from having to meet the same RAR that an IOU has to meet. This bill requires that ISO implement and enforce resource adequacy for all load serving entities (LSE's) but exempting MUNls may cause a free rider problem due to the possibility that some MUNls may not have enough reserve capacity to meet their needs and will lean on everyone else. Currently, there are major transmission paths that cross the service territories of MUNIs, which can result in those MUNIs drawing electricity (without paying) from the grid and leaning on the rest of the LSE's who procured the necessary resources to meet their obligations. Similar bill introduced on the issue of requ1r1nq MUNls to meet resource adequacy requirements. AS 2499 (Horton) as introduced requires newly formed municipal utilities after 2001 to meet the same resource adequacy requirements that apply to electrical corporations. This bill is currently set to be heard on April 19th in the Assembly Utilities and Commerce Committee. REGISTERED SUPPORT / OPPOSITION Support Coalition of California utilities Employees Southern California Edison Planning and Conversation League Consumer Coalition of California Congress of California Seniors AS 2006 Page 23 California Labor Federation htto:/ /et2k2.eapitoltrack.eom/Bills/asm/ab 2001-2050/ab _2006_ efa _ 20040419_135005 _asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 21 of26 California Farm Bureau Sempra Energy (support if amended) COMMUNITY ORGANIZATIONS Access California Services Asian American Resource Center California Veterans Stand Down Foundation Carson African American Empowerment Coalition CEAC Veterans Employment committee Central City Association CEARO Community Development Group Community Financial Resource Center Corona-Norco Family YMCA Embracing Latina Leadership Alliances Gateway Chambers Alliance Human Services Association Huntington Library, Art Collections and Botanical Gardens Korean American Coalition, Orange County Chapter Korean Youth & Community Center Korean-American Federation of LA La Cas a de San Gabriel Community Center La Puente Valley Regional Occupational Program Los Angeles Eye Institute Los Angeles Urban League, Pasadena Foothill Branch Los Cerritos YMCA Meals on Wheels West Mojave Valley United Way Mojave Valley United Way National Coalition of Hispanic Organizations National Council of Negro Women, Inc., North San Diego County NAACP Orange County Chinese-American Chamber of Commerce Pasadena NAACP Pat Brown Institute of Public Affairs Rubidoux Community Services District Search To Involve Pilipino Americans Southeast Community Development Corporation, Pasadena Tavis Smiley Foundation United Way of Corona-Morco Ventura County Taxpayers Association, visalia Victor Valley Community Services Council Victory Community Church, Pomona AB 2006 Page 24 Wattsjwillowbrook Boys & Girls Club Westlake Village Homeowners Assoc., WRAP Family Services Zona Seca, Lompoc CONSUMER htto:llet2k2.eaoitoltrack.eom/Bills/asm/ab 2001-2050/ab 2006 efa 20040419 135005 _asm_eo... 05105/2004 AB 2006 Assembly Bill - Bill Analysis Page 22 of26 Consumer Coalition of California Consumers First ENVIRONMENTAL Planning and Conservation League San Gabriel Mountains Regional Conservancy LABOR California Labor Federation, AFL-CIO Coalition of California Utility Employees SENIORS California Senior Action Network Congress of California Seniors Congress of California Seniors LOCAL GOVERNMENT Cheryl Brothers, Fountain Valley City Council Member City of Agoura Hills City of Avalon City of Compton City of Fillmore City of Lancaster City of Port Hueneme City of Thousand Oaks City of Tulare Frank C. Roberts, Mayor of the City of Lancaster Las Virgenes Water District San Gabriel Mountains Regional Conservancy EDUCATION Compton Community College District Tulare Joint Union High School District AB 2006 Page 25 BUSINESS ORGANIZATIONS Allied Perceptions LLC American Indian Chamber of Commerce of California Antelope Valley Board of Trade Antelope Valley Chamber of Commerce Artesia Chamber of Commerce Asian Business Assoc. of Orange County Asian Business Association Asian Business League of Southern California Asian Pacific Islander Small Business Program Barstow Area Chamber of Commerce Bell Gardens Association of Merchants and Commerce http://ct2k2.eapitoltrack.com/Bills/asm/ab _ 200 1-2050/ab _2006_ efa _ 20040419_135005_ asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 23 of 26 Bellflower Chamber of Commerce Black Business and Professional Association, Inc. Black Business Association Black Chamber of Commerce of Orange County California Black Chamber of Commerce California City Economic Development Corporation California DVBE Alliance California Small Business Association Carpinteria Valley Chamber of Commerce Carson Chamber of Commerce Carson Dominguez Business Council Central City Association Cerritos Chamber of Commerce Chinese American Chamber of Commerce of Orange County Chinese American construction Professionals Costa Mesa Chamber of Commerce Cudahy Chamber of Commerce East Los Angeles Chamber of Commerce Elite Disabled Veterans Bus. Enterprise Network ExPert, Inc. Food Industry and Business Roundtable Future America Gateway Chambers Alliance Greater Antelope Valley Economic Alliance Greater Corona Hispanic Chamber of Commerce Harbor Association of Industry and Commerce Highland Area Chamber of Commerce Inglewood/Airport Area Chamber of Commerce Inland Valley Economic Development Corporation Irvine Chamber of Commerce Laguna Beach Chamber of Commerce Lakewood Chamber of Commerce AS 2006 Page 26 Latin Business Association Lomita Chamber of Commerce Long Beach Area Chamber of Commerce Mammoth Lakes Chamber of Commerce Maywood Chamber of Commerce Monterey Park Chamber of Commerce Moreno Valley Chamber of Commerce Moreno Valley Hispanic Chamber of Commerce National Center for American Indian Enterprise Development National Korean American Grocers Association Natl. Spa and Pool Institute, Region Nine Orange County Chinese American Chamber of Commerce Palos Verdes Peninsula Chamber of Commerce Pomona Chamber of Commerce Premiere Staffing Service, San Diego Recycling Black Dollars Rosemead Chamber of Commerce San Bernardino Downtown Business Association San Bernardino Downtown Business Association, Inc. http://et2k2.eapitoltraek.eom/Bills/asmlab_2001-2050/ab_2006 _ efa _20040419_135005_ asm _co... 05105/2004 AB 2006 Assembly Bill - Bill Analysis South Orange County Regional Chambers of Commerce Southland Better Business Bureau The Greater Hunting Park Area Chamber of Commerce The Greater Tulare Chamber of Commerce Tulare Improvement Program Tulare Redevelopment Agency Tulare-Kings Hispanic Chamber of Turning Point of Central California Valley Realty West Covina Chamber of Commerce Whittier Area Chamber of Commerce INDEPENDENT BUSINESSES Affaitati LLC, San Bernardino African Village Weekend Cultural & Performing Arts Inc. African Village Weekend Inc., Montclair Alta Med Health Services, Los Angeles Apex Computer Systems Inc., Cerritos Arab American Business Magazine Armijo Newspapers Berryman & Henigar, Santa Ana Cantamor Property Management, Inc., Downey Central City Company, San Bernardino Central Courier, Inc., Ventura Chamber Business Services, Simi Valley Chapman Communications, palmdale criss Air Inc. Daley Enterprises, Tulare Davels Automotive & Eager's Karting, Visalia Dickerson Employee Benefits, Los Angeles Doctors Ambulance Services Doty Bros., Norwalk Farmdale Creamery Fer Management Consultants, Commerce Fleming Associates, Corona Garcia Architects, Inc. Gary L. McGavin, AlA, Redlands Glaab & Associates, San Clemente Goldmark Gallery & Portraiture, Corona Graphic Press, City of Commerce Hendry Telephone Products, Goleta Herman Weissker, Inc., Bloomington High Desert Industrial Security Services, Apple Valley Holistic Healing for Youth, Redlands Icon Design & Planning Studio, Los Angeles Ikerd Company, Newport Beach IMI Data Search, Inc., Thousand Oaks Inland Action Inc., San Bernardino Inland Valley Daily News Inland Valley News AS 2006 Page 27 Page 24 of 26 http://et2k2.eapitoltrack.eom/Bills/asm/ab _200 1-2050/ab _2006_ efa _ 20040419_135005 _asm _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 25 of 26 IW Group, Inc., Los Angeles Jamco & Winnex, Inc., El Monte Lane Engineers, Tulare LT Real Estate, Development McIntosh & Associations, Visalia Merona Enterprises, Downey Monte Vista Building Sites, Lancaster Morris Communications, Los Angeles Nakatomi & Associates National Gypsum One Source Distributors Perera Construction & Design, Inc., Ontario Premier Staffing Services Quality Upholstering, Visalia RBD Communications Red Tipi, Hacienda Heights Res Com Pest Control Rockview Farms, Downey Rockwell Scientific, Thousand Oaks Seaside Graphics & Printing, Fountain Valley AB 2006 Page 28 Sharon's Bookkeeping Service, Visalia sierra Wholesale Hardware, Inc., San Bernardino Southwest Power, Inc., Santa Fe Springs Sullivan International, Inc., Long Beach The Korea Daily The Korea Daily Tidwell Excavating, Inc., Saticoy Truline Golf, Visalia Tyla Diesel Air & Electric, Tulare US Battery Manufacturing Co. USAA Realty Waste Resources Inc., Gardena Waters & Faubel Inc., Lake Forest Wayne Card Insurance, Fountain Valley Opposition Independent Energy Producers The Foundation for Taxpayer and Consumer Rights California Wind Energy Association La Paloma Generating Company California Biomass Energy Alliance (oppose unless amended) California Manufacturers and Technology Association (oppose unless amended) Duke Energy (oppose unless amended) Western States Petroleum Association (oppose unless amended) Alliance for Retail Energy Markets (oppose unless amended) Strategic Energy (oppose unless amended) The Utility Reform Network (oppose unless amended) Silicon Valley Manufacturers Group (oppose unless amended) http://et2k2.eapitoltraek.eom/Bills/asmlab_2001-2050/ab_2006 _ efa _ 20040419_135005_ asrn _co... 05/05/2004 AB 2006 Assembly Bill - Bill Analysis Page 26 of26 APS Energy Services (oppose unless amended) Calpine (oppose unless amended) Economic Sciences Corp. (oppose unless amended) Constellation Energy Group (oppose unless amended) California Cogeneration Council (oppose unless amended) Analysis Prepared by Daniel Kim / u. & C. / (916) 319-2083 httn.//l't?l-? l'on;tnltrol'l-l'nmlRi11./..m/.h 7001-20'i0/llh 2006 efa 20040419 135005 asm eo... 05/05/2004 . March 09, 2004 TO: City of San Bernardino Legislative Review Committee Subject: AS 2006 "Reliable Electric Service Act of 2004" Attached for your review is background and support information regarding AB 2006 introduced by Assemblyman Fabian Nunez. Southern California Edison requests that the City of San Bernardino send a letter of SUPPORT for AS 2006 to the members of the State's Utilities & Commerce Committee. Please call me at (909) 307-6726 if you have any questions. Thank you in advance for your consideration and support. t4;f~ Ray R. Gonzalez Attachment . AB 2006 "Reliable Electric Service Act of 2004" The Problem: Iflegislative action is not taken soon, California residents, businesses and our state's economy could once again be threatened with blackouts and significant power price increases by the year 2006. A byproduct of the 2000-2002 energy crisis is significant regulatory uncertainty that has paralyzed investment in virtually all new power plant construction. . Of the 10,000 MW of generating capacity that has been licensed and approved by the California Energy Commission, only 3,000 MW are currently under construction and on schedule. . Of the 20,000 MW of generating capacity that utilities were forced to divest, less than 5,000 MW are currently under contract for California consumers. Several generating plants may be mothballed in the coming months and years. While regulated utilities (SCE, PG&E and SDG&E) still maintain an "obligation to serve," there is' no clear planning process to ensure all Californians will have the power they need, when they need it. Nor are there guidelines to ensure the most cost-effective, environmentally responsible investments are made on behalf of consumers. The Solution: AB 2006 will stimulate immediate investment in much-needed power plants by bringing an end to regulatory uncertainty in this state and enact a clear energy policy into state law to govern our system of electric service. If approved, the new law - AB 2006 - would: o Protect California residents, families and small businesses by ensuring they will receive reliable power at predictable, regulated rates. o Allow larger businesses the opportunity to shop for energy from non-utility energy providers as long as their purchasing decisions don't result in costs being shifted to other utility customers. o Reaffirm independent power generators' ability to compete to offer long-term power contracts to regulated utilities to help meet the energy needs of utilities' core customers. o Reaffirm utilities' ability to build new power plants to supplement power received under contract from independent power generators. o Require utilities to demonstrate to the CPUC that their investments (in power contracts, renewable energy, energy efficiency, direct investments, etc.) provide cost-effective, efficient value for its customers. o Accelerate the date by which utilities must demonstrate that 20 percent of their power comes from renewable resources. Why AB 2006 is Good For Residents, Businesses, Our Economy & Our Environment California residents and businesses depend upon reliable electricity at a reasonable price. Unfortunately, if legislative action is not taken soon, the state could once again be threatened with blackouts and price spikes by the year 2006. The uncertainty of the state's regulatory environment has discouraged investments necessary to complete much-needed power plants. Of the 10,000 megawatts of new generation approved by the California Energy Commission since the energy crisis, only 3,000 are currently under construction or on schedule. California needs a clear energy policy enacted into state law in order to stimulate investment in much-needed new power and to ensure we are not forced once again to buy power "at any price" just to keep the lights on. Passage of AB 2006 would benefit: California Residents and Families Under AB 2006, California residential customers would be protected from future blackouts and power price spikes because utilities would be required by law to have ample energy to meet their customers' needs, and to charge customers predictable, regulated rates for electricity. Electricity customers will also benefit by being assured they are getting the "best value" for their electricity dollars. Under AB 2006, before being assured reimbursement for its investments, a utility must demonstrate to the CPUC that its proposed mix of energy resources -- from third-party power contracts, new power plants, energy efficiency and renewable power -- provides the "best value" to customers. California Businesses California small businesses need to know they will have the power they need, when they need it at predictable prices. Under AB 2006, small businesses, like residential customers, would benefit from predictable, regulated electricity rates. Larger businesses that have the ability to assume some financial risk may want to shop for electricity on the open market and would be free to do so under AB 2006, as long as they give ample notice to the utility and their purchasing decisions do not result in costs being shifted to smaller electricity customers. Our Economv California's uncertain regulatory environment for energy has contributed to the overall cloud over the state's economy for the past few years. Not only has the regulatory uncertainty discouraged investment in much-needed power plants, but businesses -- and all electricity consumers __ have been forced to pay higher rates for over-priced contracts signed during the energy crisis. AB 2006 will remove the cloud of uncertainty, establish a clear energy policy to govern our system of electric service and significantly reduce the likelihood of another costly energy crisis. Our Environment The most visible and memorable byproducts of the energy crisis were blackouts, price spikes and high-priced energy contracts. A less visible, but equally damaging, result was the need to bring on-line some of the highest polluting, least efficient power - just to keep the lights on. Under AB 2006, utilities will be required to forecast their power needs several years in advance and demonstrate how those needs will be met with a mix of energy efficiency, renewable power and new and repowered energy plants. Proper planning will prevent the need for utilities and their customers to be forced to pay the highest prices for the least efficient, most polluting power. AB 2006 also accelerates the date by which utilities are required to demonstrate that 20 percent of . their power comes from renewable resources. AB 2006:Q&A Q: Why do we need legislation? A: California needs to enact clear energy policy into state law in order to stimulate investment in much-needed new power and to ensure we are not forced once again to buy power "at any price" just to keep the lights on. It is common knowledge that the uncertainty of California's regulatory environment has paralyzed investment by both independent power generators and regulated utilities in virtually all new power construction. If legislative action is not taken soon, California residents and businesses could once again be threatened with blackouts and price spikes by the year 2006. Q: Is there consensus regarding the need for more power? Both the California Energy Commission and the Independent System Operator (operator of the state transmission grid) have concluded that the state could experience significant energy shortages by 2006. There are even some reports that shortages could occur as early as this summer. But, even if you accept the most conservative estimates that shortages won't occur until 2008 or later - power plants cannot be built overnight. The construction of new power plants must begin today to help meet our future energy needs! Q: How will AB 2006 help stimulate investment in new power plants? In the aftermath of the energy crisis, California had no clear rules regarding who is responsible for meeting customers' needs, how those needs will be met and who will pay for meeting them. AB 2006 establishes the clear rules necessary to provide would-be investors the confidence that California's regulatory environment is stable and will not fluctuate. Q: How will AB 2006 help ensure customers are getting the best value for their investments? AB 2006 recognizes that it is in electricity customers' best interest to have future energy needs met with a mix of power from both independent generators and regulated utilities. Contracts with independent generators will be selected and approved based on a competitive procurement process and direct utility investments will undergo rigorous regulatory scrutiny prior to receiving approval for reimbursement. The healthy competition between regulated cost-of-service rates charged by utilities and market rates charged by independent generators will help keep costs down for consumers. In addition, AB 2006 will require utilities to demonstrate how investments in third-party contracts, new power plants, renewable power and energy conservation efforts are efficient and cost -effective before being approved for reimbursement by the CPUc. Q: How would passage of AB 2006 help the environment? By stimulating investment in much-needed power now, AB 2006 will prevent a severe energy shortage that would force Californians to rely upon the highest cost, highest polluting power to keep the lights on. In addition, recognizing the value of a diverse and clean energy portfolio, AB 2006 accelerates the goal from 2017 to 2010 to achieve 20 percent of the energy mix from renewable power sources. Yes, I Want Reliable Electric Service at a Reasonable Price! I Support AS 2006 o Please list me/my organization as a supporter of AS 2006, a bill to enact a clear energy policy into state law to prevent another energy crisis in California. Please select from the following. May we list your endorsement as a(n): o Organization o Company o Individual o Local Government o Elected official Please complete the following information: Company or Organization Name/Employer Name Title/Occupation Mailing address City State Zip County Phone number E-mail Address Fax number Signature (Required) Date o Please E-mail me updates Please fax this completed form to: (916) 442-3510 Or mail to: 1121 L Street, Suite 803 Sacramento, CA 95814 For more information, please call (916) 443-0872 '/)- ,-::;1 ,_.?.A I~ AB 2006 I;ETTERS OF SUPPORT RECEIVED 1. Consumers First 2. California Small Business Association 3. California State Black Chamber of Commerce 4. California Coalition of Hispanic Organizations 5. Community Financial Resource Center 6. Asian Pacific Islander Small Business Program 7. Pasadena NAACP 8. Cerritos Chamber of Commerce 9. Artesia Chamber of Commerce 10. Lakewood Chamber of Commerce 11. Los Cerritos YMCA 12. Los Angeles Urban League 13. Bellflower Chamber of Commerce 14. Icon Planning & Design Studio, Inc. 15. Lomita Chamber of Commerce # 1/;/of \ \ \ o CALIFORNIA SMALL BUSINESS ASSOCIATION BfIIlnJlJ/Dim:r(lr.f Cltllir Jill'lConlll.lI t'hindll J'lJl/ClttJir EiltellF~4 MuinlDe1Rc)' v, Gtl\lt1'llPl<'fII' "1I(ljn Gilrr M~KillI0 Modesto :;<<ur:ltuy l.l,..eeMurpl'.y.Jtced S6nFr.1I1ti!tO "'~II.I"U' HlIroldJb.I.Nibbri( LO'iAIIlp:llll DI~I:W'.' 2."1l1l tlor:r.llillfllCf Ri~l:t.idt JaDi~c [.')"'110' Onll'KlA SilrnGilbcrl WIl.ulakeViII3JlC f'1\lIGur.ITcft, Pilu,burJ TOII\lbJ1 Pac:ific-Pnlinl't~ $lj,llH.1fl.mlll A.J;6u,J.l-lilh HlfolO 1,6IkJ({ LNAlI[cl= OayjdH.I",.1.I WomIllUl4HIIIl T'lt1\r-(anill Porno":'! MnrllRobo;:.,.,.llt Lo'AlIl=-tlc.~ C.x.. rscn:. Iionllrill&t C:l.l/lY Wa1u:n.o;lIict. SuDielo Rulh L.OI'U WiJli.nu Ell'o1t,nl~ LLlltJryln-SlJC:UII'rt/II" AalOfl RC.l(j &,t,JlociIUc:t P,../Ji/l'1f' Jl,<<lIyJ",T.x:Cllli l.o,.\llltlc' February 18, 2004 The Honorable Fabian Nunez 320 West 4th Street, #1050 Los Angeles, CA 90012 (p) 213.620.4646 (f) 213.620.6319 Dear Speaker Nunez: On behalf ofthe members oflhe California Small Business Association, we are eager to sponsor the Reliable Electric Service Act of 2004 (AB 2006). We bdieve the current systrn! for energy production needs to be modernized in order to ensure fair prices for consumers at all levels for personal and commercial use. reasonable profits for investors and less likelihood of energy shortages. We feel that this bill is a sensible and logical solution to our state'. energy problem and will ensure that this state will have enough energy generated for all consumers. The California Small Business Association is a non-pro lit, grass roots organization that represents over 203,000 small businesses in California. Utility deregulation is a major issue of concern this year for small business owners as it is necessary for all businesses to operate efficiently. We thank you for your leadership on this important issue and look forward to working together to makc it happen. Please know that we arc committed to helping achieve this goal. Let us know how wc can help. ~~c~.. /.d I I J'. I . 1c....~ ~iYJO Pnfsidcnl CSB.4 ~/"zn$ Bl/J'inlfJ for Small Bus;n~ss, Association Management. P.O. BoX: 66 t 23.5 .. Los Angeles, CA 90.066":.. 8.o0-350-CSBA . Fax 3].0-642-.0849 CONSUMERS ~FIRSrINC. .aDI betweell Consumers. Commerce February 12, 2004 The Honorable Fabian Nunez Speaker of the Assembly State Capitol Building Sacramento, CA 95814 Dear Speaker Nunez: When it comes to electricity, California coosumers just want reliable power at reasonable . rates. Unfortunately, as you are well aware, without immediate legislative action, the . state could soon suffer from price spikes and rolling blackouts: CODSUmIlfll First appreciat:es your efforts to prevent another energy crisis and we support AB 2006. As you are well aware, despite the flurry of activity immediately following the energy crisis, constrUction on new plants has stalled due to lack ofiuvest:ment resulting from the state's regulatory uncertainty. AB 2006 would not only help enSure much needed plants will be built, but alsO that small customers can depend upon predictable cost based rates, rather than unpredictable mliiket based rates. We appreciate your leadership on this issue and look forward to worl<ing with you to . eliminate the threat of blackouts and bring stability to California's energy marl<:et. ~ Cc: Senator Feinstein P.O. BOX 2346 . Orinda, CA 94563 . 925.253.1937 · 925.253.1359 (Fax) . CALIFORNIA BLACK CHAMBER OF COMMERCE Dedicated To Economic Empowerment A ReNAIssANCE 21sT CENTUU PROJECT February 12, 2004 Re: Support AB 2006 The Honorable Fabian NWlez Speaker of the Assombly Stale Capitol Building Sacramento, CA 95814 Dear Speaker Nunez: California busin~ appreci~ the leadenhip role you are lBkiDs to Improve our SlllIIl'. business climale, inoludlng your desire to fix problems resulting from the laclc: of clear mergy policy in this state. The California Black Chamber of Commerce supports AB 2006. An affordable and reliable electric system is critical to the survival of small bnoln_~s and to the health of our entire economy. Yet the ouneot uncertainty suaounding the state's energy marlcet continues ro be a cloud over the _'s economy. . If there is anything we l""",cd from the energy crisis, it is that CallfOmia businesses and consumers can't afford to be held hostage to an out of cootrol energy market. We dqlend or. reliable electric service at predictable and reasonable rates. We ClUI't afford to sit bacIC and let the "market tBkc shape". We must ta1cc cootrol of the state's energy futute by reafflnning the responsibility of utilities to plan ror and meetlhe needs of their customers, while also CSUlblishing clear ndes for larger customers that want the freedom to shop for their electricity. With your leadenhip Illld that of Senator Diane Feinstein, and hopefUlly others, WIl can protect !be state's consumers and businesses from more black-oUlS end skyrocketing energy prices. Si~ ~f/2. ~~sidCDi s:"X /..cr- 9851 Ham Road, Suite 160 . SacrammtD, CaJifumu. 95827 . Voice: 916-364.2400 . Fax: 9J6-364-2404 Marlo G. ObIed.. p...idmt CnR Be)'DO'O - Vice-PttSidellt !<odE AlaI..()bledo, :&ICCR.ti'Ye Dlremr Boatd of D1re<:tots ~doaAlll6t. __CA looquillG. Avn. v.~CA -~~ s.aaDaJlD.c,-\ CloDotiuo.~ ~,Nl( OObonoFkno ~.CA RcnMft Odc!06 Oal1.CA '--Lopol Oiaagt c;~ CA lI_M._ 6a,,,,,,,",,,ct. M~U.Moteno Sanr~c.4. UazicG.()b!cto k.tuI..... Ci'. (".lW',il~ Do>io,CA RicmJo. Sandwz: S_WA -- Sa>1koo,CA Na/JonaI Boa'" u! Advi""", Ju~ Andt"adB" Jr., fh,D. - Pra9d=t '" HloponJ< l..oodonbio .... ~1II kudy Bes:em ~ Va P'rui3trt Coca-COb. Colqlcly A%i.oIlOo.OA 1Wbato Crw:.Ph.n.-Pr~ NOli"'" ffi'lpa>ic Uoi.....,. &n JtItG, c:.A (1941-:J:002) EdI'onLJr.-J\ttml<)'dl.P- W~QtI,D.C. CltmdilS1Pl~ _A1t~It'Law CA.n.uatJ..esa'l~ l':illllJiego,'CA National Coalition of Hispanic Organizations P.O. Eo:< 1026 s.._. CoIiforni. 95812 Telophone(916)441-3G26 r->lX(916)44li-9221 February 13, 2004 The Hooortlble F~ Nuiie2 Speakllr of the Assembly State Capitol Building Sa=eoto, CA 95814 Dear Speaker Nunez: The National Coalition of.Hisp8nie Orgl'ni71lli0llll is pleased to support AB 2006. California COIIS\IIIlD, aDd pu1iaJIarly low-income consumers, rely on 8ffordabIe and reliable electric power lIS the oornmtone to their daily Jivea aDd "',oi,,-~~. unfortunately, California's lack of regulatory certainly when it comes to our energy fUture conI:inues to put 1hst affurdable and reliable po~ injeopardy. EneI&Y experts hfie ~ warned that, without action, CaIifurnia CQUI.d soon face pow<< shonages and resuhiug service tre8lS and unpredictable power costa. We C81lIlot affurd to re-visit the mistakes of the past S1me lawmakrn and rcguIators must take action .and' soon- to lay out a cIe8r vision that will reaffirm the respoDSibiIity of utilities to plan fur 8Dd meet the needs of their c:ustomelll. We lIpJlTeciale your leadership on this issue and look forwanI to working to protect those coJ1$Ulllel:5 Il10st in n!lllli by acting quickly to reshape our enagy future. Respectfully \~~.\)~~ Mario G. <>bIedo, PresidCllt MOOIb . I..t_..... i~;~:: '~,7 ;::~. ',,1,' I'"' l' ,.\ , .- "<::l ~'t\~" ~r .~::"~.r "{"r'~,;!-~~!f ...::..;~;....,.. FABIAN NUNEZ SP~AKER .,. ASSEMB L.V February 20. 2004 The Honorable Arnold Schwarzenegger Governor, State of California State Capitol, First Floor Sacramento, ~Iifom~a^ _~rs14 Dear Govern~WJlnegger: There is a matter of urgency 12c1n9 electricity consumers of this state that warrants your attention and action. Just three short years ago, an energy crisis crippled our state. Rolling blackouts and price spikes threatened the economic well being of California consumers and businesses. At the heIght of the crisis, the state stepped in to sign long term contracts. California's energy future is uncertain. There Is a continuing and critical need for new generating capacity In this stat~. However, adequate neW generating capacity is not being built, and existing generating capacity is being taken out of service. Callfomia consumers and businesses depend on safe, reliable, and affordable electric service. To meet customer needs reliably, California must now invest in new generating capacity, Regulatory uncertainty continues to stifle new Investment In much needed generating capacity. The key to new Investment will be a clear, durable regulatory framework which includes workable competitive wholesale and retail markets. The financial markets will not today, or in the foreseeable future, support new power plant construction in the absence of either long-term regulatory commitments or long-term power purchase contracts. To successfully attract Investment, long-term commitments must be either made or backed by strong, creditworthy entities. I have introduced AS 2006, the "Reliable Electric Service Act" to create a claar, durable framework to stimulate much needed investment in efficient, cost-effective, environmentally sustainable supply and demand resources. AS 2006 would affirm the utility obligation to provide reliable, reasonably priced electric service, provide for the recovery of reasonable investments. provide choice to large customers, and would create workable competitive wholesale and retail markets. Specifically, c....mll. Cl"1'lCEI ST...n: C...PJ1(ll... RooM 2,UiI . ~. CA ~S814 . PHONE (916) 319~2046' FA:( tQ18} 319_2.148 mSTalCTC'FFIa: 3ZOW5T4n1S1HEET. ROOM 1050' LoSAl<<iELE5. CA 90019' PI-lONi:t2131S;D-4546' FI\X.(213)fiZ~6~19 \ \ The Honorable Arnold Schwarzenegger February 20, 2094 Page Two Wholesale Market Structure: AS 2006 provides for a wholesale market structure In which Independent generators could participate in a CPUC authorized competltlva procurement process to provide electricity under contract with the utility for the utility's core customers (small customers < 5DOkW served by the utility~ The CPUC would approve needed investmen1s that provide the best value to consumers. Retail Market Structure: AS 2005 provides for a retail market structure In which independent generators could participate in a market based competitive procurement process to provide electricity to non-core customers (large customers > 500 kW). Large customers, or their non-utllity electric service providers, would enter into agreements dIrectly with independent generators. The California Energy Commission (CEC) forecasts a need for new generation capacity to be on-line by summer of 2005 to ensure electric system rellabHIty. The Independent System Operator (ISO) believes that the state could experience reserve capacity shortages as early as summer of 2004. We must replace the currant uncertain regulatory framework with a clear, dureble framework so that efIlclent, cost-effBctlve supply and demand resources are acquired when we need them. at prlces California consumers and'businesses can afford. We have an opportunity to prevent another energy crisis in this state by acting now with a balanced and bl-partisan approach. The consequences of inaction are well known ~nd deeply felt volatile energy prices. rolling blackouts and the signIng of long term contracts under duress, resulting in bDlions of excess energy costs for consumers and businesses. It is In the interest of CalifornIa consumers to act expeditiously and delibereUvely to ensure adequate investments are made to reliably meet the needs of California consumers. I have attached a summary of AS 2005 for your review. I would be pleased to meet wlth you at your ear1lest convenience to discuss hoW we can work together to ' secure California's energy future. Attachment .... AS .2006 (Nufiez) \"Rellable Electric Service Act of 2D04" Seeking to l;lnsure that all of Califomia's consumers and businesses receive safe, reliable, affordable electric service, Assembly Speaker Fabian Niifiez has introduced AB 2006, The "Reliable Bectric Service Act. of 2004'. The goal of the legIslation Is to create a "clear, durable regulatory framework to stimulate much needed investment in neW power resources." According to Nufiez, in order to avoid another round of blackouts and huge price spikes, ''we must secure Califomia's energy future through investments in efficient, cost-effective environmentally sustainable resources.. Specific provisIons of the bill Include: Section 400.1 Obligation to Serve In order to ensure that customers reoeive reliable, reasonably priced electric service, AB 2006 affirms the utility obfigation to plan and provide adequate. efficient, environmentally sustainable resources, including utility owned and procured generation resources, new and repowered generation rasources. hlgtM:lfliciency cogeneration. renewable generation resources, transmission resources, energy efficiency and demand response resources. Section 400.5 Cost Recovery Assurance for Needed Investments In order to attract sufficient capital to make investments in needed resoUrces to serve utility customers, AS 2006 requires the CPUC to establish and thereafter maintain rates that ensure the full recovery of reasonable investments, both direct Investments by utilities and the full cost of contracting with third parties, including debt equiValence and collateral. Section 4D0.21 stable Customer Base Core I Non-Core In order to ensure that investments are made without creaUng stranded costs cr shifting costs, AS 2006 creates a 'core I nOfH;ore" model whereby utilities are obligated to provide service to smaD customers with maximum peak demand less than 500kW ("core") on a cost-of-servlce basis wt]lIe large customers wlth maximum peak demand higher than 5DOk.W C'non-eore") could eleel DIrect Access from a non-utillty electric service provider. Section 400.22 Resource Adequacy I Public Polley Preferences Apply Equally In order to ensure that all energy customers contribute equitably to investments In resources needed to serve them, AB 2006 requires allload-servlng entities, including non-utility electric service providers and community choIce aggregators. to meet the same requirements for resource adequacy, resource diversity, renewable portfolio standard, and demand-response resources as electrical corporatlons. Requires the CPUC to establlsh resource adequacy requirements, and for the ISO to implement and enforce the requirements In a nondiscriminatory manner on an load serving entities. SectIon 400.10 Integrated Resource Investment Plan In order to ensure that adequate investments are made to reliably serve utility customers at reasonable costs, AS 2006 requires utilities to prepare an integrated resource investment plan to achieve a diversified, environmentally sustainable porlfol1o of utility-owned and procured efficient, cost-effective supply and demand resources. AS 2006 also provides that the ISO determination of need for transmission facilities Is conclusive for purposes of a CPCN need determination. Section 400.10 Resource Selection Process to Achieve "Best Value" for Consumers 1n order to optimIze Investment on behalf of utility customers, AS 2006 provides that investments in generation may be obtained through investment by independent generators under contract with a utility through a competitive procurement process or otherwise authorized by the commission, or from direct. utility investment. Additionally, AB 2006 provides that the process for utility selection and CPUC approval of these resources must be designed to achieve best value for consumers, considering efficiency, cost effectiveness, system impacts, resource diversity. and risk.. .... Sarah Reyes Oem - 31 Assemblvmember.sarah.reves@assemblv.ca.aov Fresno District Office Capitol Office 2550 Maripasa Mall State CapRol Suite 5031 Sacramento, CA 94249 Fresno, CA 93721 Phone: (916) 319-2031 Phone: (559) 445-5532 Fax: (916) 319-2131 Fax: (559) 445-6006 Fabian Nunez Oem - 46 Assemblvmember.nunez@assemblv.ca.aov District Office Capitol Office 320 West 4th Street, #1 050 State CapRol Los Angeles, CA 90012 Sacramento, CA 94249-0046 Phone: (213) 620-4646 Phone: (916) 319-2046 Fax: (213) 620-6319 Fax: (916) 319-2146 California State Assembly Committee on Utilities and Commerce Sarah Reyes, Chair Dem - 31 Assemblvmember.sarah.reveslillassemblv.ca.aov District Office Capitol Office 2550 Mariposa Mall State Capitol Suite 5031 Sacramento, CA 94249 Fresno, CA 93721 Phone: (916) 319-2031 Phone: (559) 445-5532 Fax: (916) 319-2131 Fax: (559) 445-6006 Fresno, Reedley, Sanger, Selma, Dinuba, Parlier, Kerman, Mendota, Firebaugh, Fowler, San Joaquin, Biola, Bowles, Calwa, Cantua Creek, Caruthers, Cutler, Del Rey, East Orosi, Easton, Malaga, Orosi, Raisin City, Rolinda, Suitana, and Tranquillity Keith Richman, Vice Chair Rep - 38 Assemblvmember.Richman@assemblv.ca.aov District Office Capitol Office 10727 White Oak Ave., State Capitol Room 5128 Suite #124 Sacramento, CA 94249-0038 Granada Hills, CA 91344 Phone: 916-319-2038 Phone: (818) 368-3838 Fax: 916-319-2138 Fax: (818) 885-3307 Los Angeles, Santa Clarita, Slmi Valley, Glendale Doug LaMalfa Rep - 2 Assemblvmember.lamalfa@assemblv.ca.aov Redding District Office Yuba City District Office Capitol Office 2865 Chum Creek Rd, Suite B 1527 Starr Drive, 5te. U State Capitol, Room 4177 Redding, CA 96002 Yuba City, CA 95993 Sacramento, CA 94249-0002 Phone: (530) 223-6300 Phone: (530) 751-8351 Phone: (916) 319-2002 Fax: (530) 223-6737 Fax: (530) 751-8379 Fax: (916) 319-2102 Redding, Yuba City, Red Bluff, Anderson, Shasta Lake, Yreka, Coming, Orland, Live Oak, Willows Ken Maddox Rep - 68 District Office Capitol Office 1503 South Coast Drive, #205 State Capitol, Room 4167 Costa Mesa, CA 92626 Sacramento, CA 94249-0068 Phone: 714-668-2100 Phone: (916) 319-2068 Fax: 714-668-2104 Fax: (91in 319-2168 Costa Mesa, Garden Grove, Westminster, Fountain Valley, Anaheim, Stanton, Newport Beach Jay La Suer Rep - 77 Assemblvmember.Lasuer@assemblv.ca.aov District Office Capitol Office 5360 Jackson Drive, Suite 120 State Capitol, Room 2016 La Mesa, CA 91942 Sacramento, CA 94249-0077 Phone: (619) 465-7723 Phone: (916) 319-2077 Fax: (619) 465-7765 Fax: (916) 319-2177 El Cajon, La Mesa, Santee, San Diego John Campbell Rep - 70 Assemblvmember. Joh n. Campbelll1ilassemblv. ca. oov District Office Capitol Office 18952 MacArthur Blvd, State Capitol, Room 4102 Suite 220 Sacramento, CA 94249-0070 Irvine, CA 92612 Phone: (916) 319-2070 Phone: (949) 863-7070 Fax: (916) 319-2170 Fax: (949) 863-9337 Irvine, Newport Beach, Tustin, Lake Forest, Aliso Viejo, Laguna Beach, Laguna Woods Joseph Canciamilla Dem -11 Assemblvmember. Canciamillalillassemblv. ca. oov District Office Capitol Office 815 Estudillo Street State Capitol, Room 2149 Martinez, CA 94553 Sacramento, CA 94249-0048 Phone: (925) 372-7990 Phone: (916) 319-2011 Fax: (925) 372-0934 Fax: (916) 319-2111 Antioch, Bay Point, Bayview Mountain, Clayton, Clyde, Concord, Crockett, EI Sobrante, Hercules, Martinez, Mountain View, Pacheco, Pinole, Pittsburg, Port Costa, Rodeo, Tara Hills, Vine Hill Mark Ridley-Thomas Dem - 48 Assemblvmember.ridlev-lhomasl1ilassemblv.ca.oov District Office Capitol Office Administrative Offices East State Capitol 700 State Drive Sacramento, CA 94249-0048 Los Angeles, CA 90037 Phone: (916) 319-2048 Phone: (213) 745-6656 Fax: (916) 319-2148 Fax: (213) 745-6722 Athens, Los Angeles (Hancock Park, Koreatown, South Central, Wilshire Blvd) Lois Wolk Dem-8 Assemblvmember.wolki1nassemblv.ca.aov District Office Capitol Office 555 Mason Street, Suite 275 State Capitol Vacaville, CA 95688 Sacramento, CA 94249-0008 Phone: (707) 455-8025 Phone: (916) 319-2008 Fax: (707) 455-0490 Fax: (916) 319-2108 Fairfield, Vacaville, Davis, Woodland, West Sacramento, Benicia, Dixon, Suisun, Winters 03/10/2004 Ron Calderon Dem - 58 Assemblvmembeuon.calderon@assemblv.ca.qov District Office Capitol Office 400 N. Montebello Blvd. State Capitol Suite 100 Sacramento, CA 94249-0058 Montebello, CA 90640 Phone: (916) 319-2058 Phone: (323) 838-5858 Fax: (916) 319-2158 Fax: 1323\ 838-0677 Downey, East Los Angeles, Hacienda Heights, Lll Puente, Montebello, Pico Rivera, South Whittier, Whittier Manny Diaz Dem - 23 Assemblvmember.Diaz@assemblv.ca.qoV District Office Capitol Office 100 Paseo De San Antonio State Capitol Suite 319 Sacramento, CA 94249-0023 San Jose, CA 95113 Phone: (916) 319-2023 Phone: (408) 277-1220 Fax: (916) 319-2123 Fax: (408) 277-1 036 East Foothills, Alum Rock, San Jose, Seven Trees Jerome Horton Dem - 51 AssemblvmembeLJerome. Horton@assembIV.ca.qov District Office Capitol Office One Manchester Boulevard State Capitol P.O. Box 6500 Sacramento, CA 94249-0051 Inglewood, CA 90306 Phone: (916) 319-2051 Phone: (310) 412-6400 Fax: (916) 319-2151 Fax: (310) 412-6354 Inglewood, Hawthorne, Los Angeles, Gardena, Lawndale Lloyd E. Levine Dem - 40 Assemblvmember.levine@assemblv.ca.qov District Office Capitol Office Van Nuys State Building State Capitol 6150 Van Nuys Blvd., Suite 300 Sacramento, CA 94249-0040 Van Nuys, CA 91401 Phone: (916) 319-2040 Phone: (818) 904-3840 Fax: (916) 319-2140 Fax: (818) 902-0764 Los Angeles, mcludmg Van Nuys, Northndge, Canoga Park, West Hills 01/1 0/2004 California State Assembly Committee on Appropriations Judy Chu, Chair Dem - 49 District Office EI Monte District Office Capitol Office 1255 Corporate Center Drive, 10505 Valley Blvd #306 State Capitol #PH9 EI Monte, CA 91731 Sacramento, CA 94249-0049 Monterey Park, CA 91754 Phone: (626) 450-6116 Phone: (916) 319-2049 Phone: (323) 981-3426 Fax: (626) 450-6119 Fax: (916) 319-2149 Fax: (323) 981-3436 San Marino, East San Gabriel, Alhambra, San Gabriel, Rosemead, North EI Monte, EI Monte, Monterey Park, South San Gabriel, South EI Monte Sharon Runner, Vice Chair Rep - 36 Assemblvwoman.Runnerl1l!assemblv.ca.oov Lancaster District Office Victorville District Office Capitol Office 747 W. Lancaster Blvd. 14343 Civic Dr., State Capitol, Room 6031 Lancaster, CA 93534 First Floor Sacramento, CA 94249-0036 Phone: (661) 723-3368 Viclorville, CA 92392 Phone: (916) 319-2036 Fax: (661) 723-6307 Phone: (760) 843-8045 Fax: (916) 319-2136 Fax: (76(l) 843-8396 Lancaster, Palmdale, Viclorville, Adelanto Lynn Daucher Rep - 72 Assemblvmember.Daucherl1l!assemblv.ca.oov District Office Capitol Office 210 W. Birch Street, Suite 202 State Capitol, Room 2158 Brea, CA 92821 Sacramento, CA 94249-0072 Phone: (714) 672-4734 Phone: (916) 319-2072 Fax: (714) 672-4737 Fax: (916) 319-2172 Fullerton, Anaheim, Placentia, Orange, Brea, Yorba Linda, La Habra Robert Pacheco Rep - 60 Assemblvmember.havnesl1l!assemblv.ca .oov District Office Capitol Office 17800 Castleton Street State Capitol, Room 5164 Suite 125 Sacramento, CA 94249-0060 City of Industry, CA 91748 Phone: (916) 319-2060 Phone: (626) 839-2000 Fax: (916) 319-2160 Fax: (626) 839-2005 Chino Hills, Diamond Bar, Anaheim, La Mirada, Orange, La Habra, Yorba Linda, Walnut, Whittier, Villa Park, La Habra Heights, San Dimas, Industry " _.__~__.-:_...:___ ..1~n 03/1012004 Steven N. Samuelian Rep - 29 assemblvmember.samueliantBlassemblv.ca.aov District Office Capitol Office 83 East Shaw Ave., Suite 202 State Capitol, Room 4153 Fresno, CA 93710 Sacramento, CA 94249-0029 Phone: (559) 243-4192 Phone: (916) 319-2029 Fax: (55!!) 243-4196 Fax: (916) 319-2129 Fresno, Clovis, Madera, Orange Cove Ray Haynes Rep - 66 Assemblvmember.havnes@assemblv.ca.aov District Office Capitol Office 27555 Ynez Road State Capitol, Room 4158 Suite 205 Sacramento, CA 94249-0066 Temecula, CA 92591 Phone: (916) 319-2066 Phone: (909) 699-1113 Fax: (916) 319-2166 Fax: (909) 694-1039 Riverside, Temecula, Munieta, Lake Elsinore Abel Maldonado Rep - 33 Assemblvmember.maldonadotBlassemblv.ca.aov District Office Capitol Office 1302 Marsh street State Capitol, Room 4015 San Luis Obispo, CA 93401 Sacramento, CA 95814 Phone: (805) 549-3381 Phone: (916) 319-2033 Fax: (805) 549-3400 Fax: (916) 319-2133 Santa Maria, San Luis Obispo, Lompoc, Atascadero, Paso Robles, Arroyo Grande, Grover Beach, Morro Bay, Pismo Beach, Guadalupe Patricia C. Bates Rep - 73 Laguna Niguel District Office Oceanside District Office Capitol Office 30012 Ivy Glenn Dr., Suite 120 302 N. Coast Highway State Capitol, Room 4116 Laguna Niguel, CA 92677 Oceanside, CA 92054 Sacramento, CA 95814 Phone: (949) 495-0730 Phone: (760) 757-8084 Phone: (916) 319-2073 Fax: (949) 363-2630 Fax: (760) 757-8087 Fax: (916) 319-2173 Oceanside, Laguna Niguel, San Clemente, Dana Point, San Juan Capistrano, Laguna Hills, Aliso Viejo Lou Correa Oem - 69 Assemblvmember.CorreatBlassemblv.ca.aov District Office Capitol Office Rancho Santiago Community State Capitol College Sacramento, CA 94249-0069 2323 North Broadway, Suite 225 Phone: (916) 319-2069 Santa Ana, CA 92706 Phone: (714) 285-0355 Anaheim, Garden Grove, Santa Ana, Orange County 03/10/2004 Ellen M. Corbett Oem -18 AssemblvmemberCorbeltCltassemblv.ca.QoV District Office Capitol Office 317 Juana Avenue State Capitol San Leandro, CA 94577-4871 Sacramento, CA 94249-0018 Phone: (510) 614-0180 Phone: (916) 319-2018 Fax: (510) 614-2038 Fax: (916) 319-2118 San Leandro, Hayward, Dublin, Pleasanton, San Lorenzo, Castro Valley, Bay area Jackie Goldberg Oem - 45 AssemblvmemberGoldberoCltassemblv.ca.QoV District Office Capitol Office 106 North Avenue 56 State Capitol Los Angeles, 90042 Sacramento, CA 94249-0045 Phone: (323) 258-0450 Phon~: (916) 319-2045 Fax: (323)258-3807 Fax: 916) 319-2145 City Terrace, Echo Park, Los Angeles (Atwater Village, Chinatown, Civic Center, Downtown Los Angeles, EI Sereno, Highland Park Hollywood, Montecito Heights, Monterey Hills, Silvenake) Gloria Negrete McLeod Oem - 61 Assemblvrnember.McLeodcBlassemblv.ca.QoV District Office Capitol Office 4959 Palo Verde st., Suite 100B State Capitol Montclair, CA 91763 Sacramento, CA 94249-0061 Phone: (909) 621-2783 Phone: (916) 319-2061 Fax: (909) 621-7483 Fax: (916) 319-2161 Ontario, Pomona, Chino, Montclair Fran Pavley Dem-41 Assemblvmember.PavlevcBlassemblv.ca.aov District Office Capitol Office 6355 Topanga Canyon Blvd, State Capitol Suite 205 Sacramento, CA 94249-0041 Woodland Hills, CA 91367 Phone: (916) 319-2041 Phone: (818) 596-4141 Fax: (916) 319-2141 Phone: (805) 644-4141 Phone: (310) 395-3414 Fax: (818) 596-4150 Agoura, Agoura Hills, Calabasas, Hidden Hills, Los Angeles (Castellemare, Encino, Pacific Highlands, Tarzana, Woodland Hills), Malibu, Oak Park, Santa Monica, Topanga, Westlake Village Mark Leno Oem -13 Assemblvmember.lenoCltassemblv.ca.QoV District Office Capitol Office 455 Golden Gate Avenue State Capitol Suite 14300 Sacramento, CA 94249-0013 San Francisco, CA 94102 Fax: (916) 319-2113 Fax: (415) 557-3015 Phone: (916) 319-2013 Phone: '(415) 557-3013 Eastern portion of San Francisco . _.L~ ___ -1__ 03/1012004 Mark Ridley-Thomas Oem - 48 Assemblvmember.ridlev-thomas@assemblv.ca.aov District Office Capitol Office Administrative Offices East State Capitol 700 State Drive Sacramento, CA 94249-0048 Los Angeles, CA 90037 Phone: (916) 319-2048 Phone: (213) 745-6656 Fax: (916) 319-2148 Fax: (213) 745-6722 Athens, Los Angeles (Hancock Park, Koreatown, South Central, Wilshire Blvd) Ronald Calderon Oem - 58 Assemblvmember.ron.calderontlllassemblv.ca.Qov District Office Capitol Office 400 N. Montebello Blvd.,Suite 100 State Capitol MontebellO, CA 90640 Sacramento, CA 94249-0058 Phone: (323) 838-5858 Phone: (916) 319-2058 Fax: (323) 838-0677 Fax: (916) 319-2158 . . Downey, East Los Angeles, Hacienda Heights, La Puente, Montebello, PICO Rivera, South Whittier, Whittier Leland Yee Oem -12 Assemblvmember.veetlllassemblv.ca.aov District Office Capitol Office 455 Golden Gate, Suite 14600 State Capitol San Francisco, CA 94102 Sacramento, CA 94249-0012 Phone: (415) 557-2312 Phone: (916) 319-2012 Fax: (415) 557-1178 Fax: (916) 319-2112 San Francisco, Daly City, Broadmoor, Colma S. Joseph Simitian Oem - 21 Assemblvmember.Simitiantlllassemblv.ca.aov District Office Capitol Office 160 Town & Country Village State Ca pitol Palo Alto, CA 94301 Sacramento, CA 94249-0021 Phone: (650) 688-6330 Phone: (916) 319-2021 Fax: (650) 688-6336 Fax: (916) 319-2121 San Carlos, Redwood City, Atherton, Portola Valley, Woodside, Menlo Park, East Palo Alto, Palo Alto, Los Alios, Los Alios Hills, Los Gatos, Monte Sereno, Almaden Valley of San Jose, Stanford University Manny Oiaz Oem - 23 Assemblvmember.Diaztlllassemblv.ca.aov District Office Capitol Office 100 Paseo De San Antonio State Capitol Suite 319 Sacramento, CA 94249-0023 San Jose, CA 95113 Phone: (916) 319-2023 Phone: (408) 277-1220 Fax: (916) 319-2123 Fax: (408) 277-1036 East Foothills, Alum Rock, San Jose, Seven Trees 03/1 012004 Joe Nation Oem - 6 Joe.Nation@asm.ca.aov Sonoma County District Office Marin County District Office Capitol Office 50 D Street, Suite 305 3501 Civic Center Dr., Room 412 State Capitol Santa Rosa, CA 95404 San Rafael, CA 94903 Sacramento, CA 94249-0006 Phone: [T07) 576-2631 Phone: (415) 479-4920 Phone: (916) 319-2006 Fax: 170n 576-2735 Fax: (415) 479-2123 Fax: (916) 319-2106 Marin County and southem Sonoma County, including Petaluma, Rohnert Park and south Santa Rosa Patty Berg Oem-1 District Offices Mendocino & Lake Capitol Office 104 W. Church Street State Capitol Humboldt Office Ukiah, CA 95482 Sacramento, CA 94249-0001 235 Fourth Street, Suite C Phone: [T07) 463-5770 Phone: (916) 319-2001 Eureka, CA 95501 Fax: (707) 463-5773 Fax: (916) 319-2101 Phone: (707) 445-7014 Fax: [T07) 455-6607 Sonoma 50 "D" Street, Suite 450 Santa Rosa, CA 95404 Phone: [T07) 576-2526 Fax: 17071576-2297 Crescent City North, Klamath, Trinidad, Blue Lake, Eureka, Willow Creek, Weaverville, Humboldt Hill, Femdale, Rio Dell, Hayfork, Covelo, Laytonville, Fort Bragg, Willits, Mendocino, Ukjah, Nice, Lakeport, Kelseyville, Point Arena, C1overdale, Healdsburg, Windsor, Monte Rio, Bodega Bay Patricia Wiggins Oem-7 Patricia.Wiaains@asm.ca.aov District Offices Santa Rosa District Office Capitol Office Napa District Office 50 'D' Street State Capitol 1040 Main Street, Suite 101-A Suite 301 Sacramento, CA 94249-0007 Napa, CA 94559 Santa Rosa, CA 95404 Phone: (916) 319-2007 Phone: (707) 258-8007 Phone: [T07) 546-4500 Fax: (916) 319-2107 Fax: (707) 546-9031 Vallejo District Office 640 Tuolumne Street, Suite B VallejO, CA 94590 Phone: [T07) 649-2307 Fax: [T07) 649-2311 Santa Rosa, Vallejo, Napa, Yountville, Green Valley, St Lenena, Angwin, Calistoga Marco Antonio Firebaugh Oem - 50 Assemblvmember.Firebauah@assemblv.ca.aov District Office Capitol Office 8724 Garfield Avenue, Suite 104 State Capitol South Gate, CA 90280 Sacramento, CA 94249-0050 Phone: (562) 927-1200 Phone: (916) 319-2050 Fax: (562) 927-6670 Fax: (916) 319-2150 Bell, Bell Gardens, Bellflower, City of Commerce, Cudahy, Downey, Florence, Los Angeles (South Central), Lynwood, South Gate .. ______.....:_..;___ .:I~~ 03/1 0/2004 John Laird Oem - 27 Assemblvmember.laird(1l)assemblv.ca.QOV Santa Cruz County District Monterey/Santa Clara County Capitol Office Office District Office State Capitol 701 Ocean Street, 318-B 99 Pacific street, Suite 5550 Sacramento, CA 98249-0027 Santa Cruz, CA 95060 Monterey, Ca 93940 Phone: (916) 319-2027 Phone: (831) 425-1503 Phone: 831-649-2832 Fax: (916) 319-2127 Fax: (831) 425-2570 Fax: 831-649-2935 Monterey, Santa Clara, and Santa Cruz Counties and the cities of Morgan Hill, Scotts Valley, Santa Cruz, Capitola, Monterey, Marina, Seaside, Pacific Grove, and Cannel. Cindy Montanez Oem - 39 Assemblvmember.montanez(1l)assernblv.ca.QOV District Office Capitol Office 11541 Laurel Canyon Blvd., Sle C State Capitol Mission Hills, California 91345 . Sacramento, CA 94249-0039 Phone: (818) 838-3939 Phone: (916) 319-2039 Fax: 181!!) 838-3931 Fax: (916) 319-2139 Sylmar, San Femando, Mission Hills, Lake View Terrace, Pacoima, Arleta, Panorama City, Sun Valley LoniHancock Oem -14 Assemblvmember.hancock(1l)assemblv.ca.QoV District Office Capitol Office 712 EI Cerrito Plaza State Capitol EI Cerrito, CA 94530 Sacramento, CA 94249-0014 Phone: (510) 559-1406 Phone: (916) 319-2014 Fax: (51()) 559-1478 Fax: (916) 319-2114 Albany, Berkeley, Canyon, EI Cerrito, EI Sobrante, Emeryville, Lafayette. Moraga, Orinda, Pleasant Hill, Richmond, San Pablo and parts of Martinez, Oakland and Walnut Creek. Paul Koretz Oem - 42 Assemblvmember.koretzl1llassernblv.ca.QOV District Office Capitol Office 9200 Sunset Blvd. , PH-15 West State Capitol Hollywood, CA 90069 Sacramento, CA 94249-0042 Phone: (310) 285-5490 Phone: (916) 319-2042 Fax: 131 ()) 285-5499 Fax: (916) 319-2142 West Hollywood, Beverly Hills, Los Angeles, Century City, Westwood, Bel Air, Brentwood, Hollywood, Hancock Park, Las Feliz, North Hollywood, Valley Village, Teluca Lake, Universal City, Studio City, Shennan Oaks 03/10/2004 California State Assembly Committee on Natural Resources Hannah-Beth Jackson, Chair Oem - 35 Assemblvmember.Jackson<alassemblv.ca.aov Santa Barbara District Office Ventura District Office Capitol Office 101 West Anapamu St., Sutte A 701 East Santa Clara Street State Capttol Santa Barbara, CA 93101 Suite 25 Sacramento, CA 94249-0035 Phone: (805) 564-1649 Ventura, CA 93001 Phone: (916) 319-2035 Fax: (805) 564-1651 Phone: (805) 648-9943 Fax: (916) 319-2135 Fax: (805) 648-9946 Los Alamos, Buellton, Solvang, Isla Vista, Goleta, Santa Barbara, Montecito, Carpinteria, Ventura, EI Rio, Oxnard, Port Hueneme Doug LaMalfa, Vice Chair Rep-2 Assemblvmember.lamalfa<alassemblv.ca.aov Redding District Office Yuba City District Office Capitol Office 2865 Chum Creek Rd, Sutte B 1527 Starr Drive, Ste. U State Capttol, Room 4177 Redding, CA 96002 Yuba City, CA 95993 Sacramento, CA 94249-0002 Phone: (530) 223-6300 Phone: (530) 751-8351 Phone: (916) 319-2002 Fax: (530) 223-6737 Fax: (53!)) 751-8379 Fax: (916) 319-2102 Redding, Yuba Ctty, Red Bluff. Anderson, Shasta Lake, Yreka, Coming, Ortand, Uve Oak, Willows Tom Harman Rep - 67 Assemblvmember.Harrnan<alassemblv.ca.aov District Office Capitol Office 17011 Beach Blvd., Suite 570 State Capttol Huntington Beach, CA 92647 Sacramento, CA 94249-0067 Phone: (714) 843-4966 Phone: (916) 319-2067 Fax: (714) 843-6375 Fax: (916) 319-2167 Huntington Beach, Anaheim, Cypress, Westminster, Seal Beach, Garden Grove, La Palma, Los Alamitos, Stanton Ray Haynes Rep - 66 Assemblvmember.havnes<alassemblv.ca.aov District Office Capitol Office 27555 Ynez Rd., Suite 205 State Capttol, Room 4158 Temecula, CA 92591 Sacramento, CA 94249-0066 Phone: (909) 699-1113 Phone: (916) 319-2066 Fax: (909) 694-1039 Fax: (916) 319-2166 Riverside, Temecula, Murrieta, Lake Elsinore 03/1 012004 Rick Keene Rep - 3 Assemblvmember.Keene(B>.assemblv.ca.aov District Office Capitol Office 1550 Humboldt Road, Suite 4 State Capitol, Room 6027 Chico, CA 95928 Sacramento, CA 94249-0003 Phone: (530) 895-4217 Phone: (916) 319-2003 Fax: (530\ 895-4219 Fax: (916) 319-2103 Chico, Paradise, Truckee, Susanville, Oroville, Marysville, Grass Valley, Gridley, Nevada City, Wheatland, Portola Alan Lowenthal Dem - 54 Alan.Lowenthal@assemblv.ca.aov Long Beach District Office San Pedro District Office Capitol Office 115 Pine Avenue, Ste. 430 388 W. 7th Street State Capitol Long Beach, CA 90802 San Pedro, CA 90731 Sacramento, CA 94249-0054 Phone: (562) 495-4766 Phone: (310) 548-6420 Phone: (916) 319-2054 Fax: (562) 495-1876 Fax: (310) 548-4160 Fax: (916) 319-2154 San Pedro, Avalon, Signal Hill, Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills Estates, and sixty percent ofthe City of Long Beach. Sally J. Lieber Dem - 22 Assemblvwoman.lieber(B>.assemblv.ca.aov District Office Capitol Office 100 Paseo de San Antonio State Capitol Room 300 Sacramento, CA 94249-0022 San Jose, CA 95113 Phone: (916) 319-2022 Phone: (408) 277-2003 Fax: (916) 319-2122 Fax: (408) 277-2084 San Jose, Mountam View, Santa Clara, Cupertino, Los Altos Lois Wolk Dem -8 Assemblvmember.wolk@assemblv.ca.aov District Office Capitol Office 555 Mason Street, Suite 275 State Capitol Vacaville, CA 95688 Sacramento, CA 94249-0008 Phone: (707) 455-8025 Phone: (916) 319-2008 Fax: (707) 455-0490 Fax: (916) 319-2108 Fairfield, Vacaville, DaVIS, Woodland, West Sacramento, Bemcia, Dixon, Suisun, Winters 03/1012004