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HomeMy WebLinkAbout2001-09-25 - AGENDA REPORTS - AB 9X2 (2)CITY OF SANTA CLARITA AGENDA REPORT SUBSEQUENT NEED ITEM DATE: September 25, 2001 City Manager Approv1: Item to be presented by: SUBJECT: SUPPORT OF ASSEMBLY BILL 9X2 DEPARTMENT: Field Services RECOMMENDED ACTION The City Council authorize staff to draft a letter to Governor Gray Davis to urge support and signature of AB 9X2, and further direct staff to prepare a letter to the Public Utilities Commission to urge reconsideration of suspension of direct access for community aggregation. BACKGROUND Recently, the State of California has faced a power crisis, the full extent of which and resolution to remains unknown. The California State Legislature has been working to remedy the situation and provide for relief to both the electric utilities as well as consumers. AB 9, of the second extraordinary session of the legislature (AB 9X2), has recently passed the Assembly and the Senate, and is now before the governor. This particular bill is of great importance to communities exploring options as they pertain to energy. In the electricity procurement market, aggregators of electricity purchases benefit from a certainty of supply by purchasing in large quantities directly from the wholesale market. An additional benefit of purchasing wholesale is the elimination of pass-through charges, which may occur in retail prices for electricity. AB 9X2 eliminates the current narrow definition of aggregator from the Public Utilities Code, and adds a number of different types of aggregation to enable wholesale purchasing of electricity for end user customers. The broadened definition allows for direct purchases for end customers and electricity suppliers, and provides for the California Public Utilities Commission to facilitate these types of transactions. Under AB 9X2, a community choice aggregator can purchase electricity for residents and businesses unless users make a negative declaration stating specifically that they do not wish to be involved in the program. Community Choice Aggregation or Municipal Aggregation is defined for purposes of the legislation as, "Any city, county and city, and county whose governing board elects to combine the loads of its residents, businesses, or municipal utilities in a community -wide electricity buyers program, and any Mn rn", rn�� IW' EN � Agenda Item: SUPPORT OF ASSEMBLY BILL 9X2 September 25, 2001 — Page 2 group of cities or counties, or cities and counties, whose governing boards have elected to combine their loads of their programs through a joint powers authority." In essence, AB 92X offers an alternative procurement arrangement to traditional retail end users of electricity. Community aggregation is viewed by many as a cost-effective option for consumers. However, for Community Aggregation and thus AB 9X2 to be feasible, direct access to wholesale energy service providers must be ensured. On September 13, 2001, the California Public Utilities Commission suspended direct access. Furthermore, the decision by the California Public Utilities Commission not only applies to Direct Access Service Request (DASR) now, but retroactively to those requests made after July 1, 2001. It is unclear as to how long this suspension will be in effect. As a result of the energy crisis, cities throughout the state are interested in public power options for their constituents, and in community aggregation. The Community Energy Advisory Committee, appointed by the City Council, recognizes that the future of direct access is uncertain, and that without reauthorizing legislation, direct access will be formally ended. It is also recognized that without direct access, community aggregation as envisioned in AB 9X2 is not feasible. However, when energy prices and supplies are stabilized, direct access will again become an option for California residents, cities, and businesses. Therefore, it is important to have in place the community aggregation option proposed by AB 9X2. The Community Energy Advisory Committee voted unanimously to recommend that the City Council draft a letter to Governor Gray Davis to urge him to sign AB 9X2, and draft a second letter to the Public Utilities Commission to urge reconsideration of suspension of direct access for community aggregation. ALTERNATIVE ACTION Other action as determined by Council. FISCAL IMPACT There are no anticipated costs for this item. Energy Advisory Committee and related Account No. 5100-8112. ATTACHMENTS None /admin/ccitems/energyseq. doc Funds for administration of the Community meeting expenses are appropriated in