AB31X - Response Needed

Mike Day left me a message saying in discussions yesterday on AB 31X
(Wright's load curtailment bill), the utilities were making the point that
31x should only address bundled customers since the utilities were making the
incentive payments out of funds that would otherwise go to pay DWR (in
effect, the curtailments are reducing the utility net short position). They
were ok with having ESPs aggregate the loads of bundled customers (which will
be a very significant win, if we get it). They think DA customers can get
curtailment benefits through existing (and new) ISO programs.

The dilemmas are:
the ISO programs may or may not be finalized for this summer and may or may
not give incentives that are as beneficial as AB31X
the utility plan discriminates against DA
preferably, the ISO would administer the programs described by AB31X for all
customers but that puts the ISO in the position of having to get approvals
from FERC for a CA-legislated program (they will have to do this anyway)
(nearly) all of our customers will be bundled this summer anyway, so there's
no immediate loss from going with the utility's position

We owe Mike an answer today. Any thoughts? My suggestion at this point is
to stick with the high road and argue for non-discriminatory treatment with
equal incentives paid to bundled and DA customers.

Background: AB31X would give $500/mwh incentives for day ahead curtailment,
$750/mwh incentives for day-of curtailments, and incentives to be determined
for scheduled load reductions. The ISO would invoke the programs based on
system conditions.

The ISO so far has put in place the equivalent of a scheduled load reduction
program, with specific payments, but has not finalized any day ahead or day
of programs.