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----- Forwarded by Jeff Dasovich/NA/Enron on 03/10/2001 12:17 PM -----
=09"Julee Malinowski-Ball" <jmball@ns.net< =0903/09/2001 06:59 PM =09Please respond to "Julee Malinowski-Ball" =09=09=20 =09=09 To: "Jan Smutny Jones" <smutny@iepa.com<, "Steven Kelley" <steven@ie= pa.com<,=20 "Katie Kaplan" <kaplan@iepa.com< =09=09 cc: "William Hall" <wfhall2@duke-energy.com<, "Tony Wetzel"=20 <twetzel@thermoecotek.com<, "Sue Mara" <smara@enron.com<, "Steven Kelley"= =20 <steven@iepa.com<, "Steve Ponder" <steve_ponder@fpl.com<, "Steve Iliff"=20 <siliff@riobravo-gm.com<, "Stephanie Newell"=20 <stephanie-newell@reliantenergy.com<, "Ross Ain" <rain@caithnessenergy.com<= ,=20 "Roger Pelote" <roger.pelote@williams.com<, "Richard Hyde"=20 <rwhyde@duke-energy.com<, "Randy Hickok" <rjhickok@duke-energy.com<, "Paula= =20 Soos" <paula_soos@ogden-energy.com<, "Nam Nguyen" <nam.nguyen@powersrc.com<= ,=20 "Marty McFadden" <marty_mcfadden@ogden-energy.com<, "Lynn Lednicky"=20 <lale@dynegy.com<, "Larrea, John" <John.g.Larrea@williams.com<, "kent=20 Palmerton" <kent.palmerton@williams.com<, "Ken Hoffman"=20 <khoffman@caithnessenergy.com<, "Kate Castillo" <ccastillo@riobravo-gm.com<= ,=20 "Kassandra Gough" <kgough@calpine.com<, "Jonathan Weisgall"=20 <jweisgall@aol.com<, "John Stout" <john_h_stout@reliantenergy.com<, "Joe=20 Ronan" <joer@calpine.com<, "Joe Greco" <jgreco@caithnessenergy.com<, "Jim= =20 Willey" <elliottsa@earthlink.net<, "Jeff Dasovich" <Jeff.Dasovich@enron.com= <,=20 "Jack Pigott" <jackp@calpine.com<, "Jack Hawks" <jack.hawks@gen.pge.com<,= =20 "Hap Boyd" <rboyd@enron.com<, "Greg Blue" <gtbl@dynegy.com<, "Frank DeRosa"= =20 <fderosa@sanfrancisco.usgen.com<, "Eric Eisenman"=20 <eric.eisenman@gen.pge.com<, "Eileen Koch" <eileenk@calpine.com<, "Ed Tomeo= "=20 <ed.tomeo@uaecorp.com<, "Duane Nelson" <dnelsen@msn.com<, "Doug Fernley"=20 <fernley.doug@epenergy.com<, "Dean Gosselin" <dean_gosselin@fpl.com<, "Davi= d=20 Parquet" <dparque@ect.enron.com<, "Curtis Kebler"=20 <curtis_l_kebler@reliantenergy.com<, "Curt Hatton" <Curt.Hatton@gen.pge.com= <,=20 "Craig Chancellor" <craigc@calpine.com<, "Cody Carter"=20 <cody.carter@williams.com<, "Carolyn Baker" <cabaker@duke-energy.com<, "Bob= =20 Gates" <bob.gates@enron.com<, "Bob Escalante" <rescalante@riobravo-gm.com<,= =20 "Bob Ellery" <bellery@spi-ind.com<, "Bill Woods" <billw@calpine.com<, "Bill= =20 Carlson" <william_carlson@wastemanagement.com<, "Quan-Hill, Danielle"=20 <danielle.quan-hill@mirant.com<, "Chris Ellison" <CTE@eslawfirm.com<, "Doug= =20 Kerner" <runwithmee@aol.com<, "Andy Brown" <ABB@eslawfirm.com<, "Dave=20 Modisette" <dmodis@ns.net< =09=09 Subject: Legislative Status Report Week Ending 3/9 Date: 3/9/01 To: Jan Smutny-Jones, Steven Kelly, Katie Kaplan Cc: IEP Board of Directors From: Julee Malinowski-Ball, Edson + Modisette RE: Legislative Status Report Week Ending 3/9 RECENT EVENTS: -- AB 60x (Hertzberg) is going to be amended before its hearing on Monday. The original version would have required, as a condition of permitting a powerplant, developers to offer to sell the power to California entities. The new amendments do not appear to address IEP=01,s concerns with the meas= ure and may be even worse. IEP is currently reviewing the following language and is expected to maintain its opposition: Section 25525.3 is added to the Public Resources Code, to read: (a) Notwithstanding any other provision of law, the commission shall require, as a condition of certification, that the applicant shall offer to enter into a contract to sell to an electrical corporation as defined in Section 218 of the Public Utilities Code, a municipal corporation as define= d in Section 9601 of the Public Utilities Code, or the Department of Water Resources, electrical power generated by the facility as its initial and continuing available capacity on terms not less favorable than the terms of the next offer that the applicant makes for the sale of electrical power generated by that facility. (b) This section applies to applications filed prior to the effective date of the act that added this section that have not been certified by the commission prior to that date. © Nothing in this section shall be construed to authorize the commission to delay the adoption of a final decision in any proceeding in which public record has been closed and submitted for a final decision. (d) The commission shall adopt rules and regulations for the implementatio= n and enforcement of this section. -- AB 8x (Migden), which would give the EOB additional and undefined powers related to the coordination of operation and maintenance schedules, passed the Assembly Appropriations committee. As a follow-up to the policy committee hearing, IEP submitted comments and amendments to the author=01,s office. Before any changes to the bill are made, Migden=01,s office has indicated their preference for a larger stakeholder meeting to address thes= e and others concerns, which is unlikely to occur before the bill passes off the Assembly floor next week. IEP=01,s primary interest is getting changes= to the bill that it can live with before it reaches the Senate policy committee. -- SB 39x (Speier), which would define generators as public utilities and put the CPUC in the role of coordinating outages and maintenance schedules, passed out of the Senate Appropriations Committee with little change. One of the amendments taken would clarify that only owners of the divested plants would be subject to the provisions in the bill. Several generators met with Speier this week to plead their case with little affect. The measure will go to the Senate floor next and is expected to pass. Where this measure will find difficulties is in the Assembly, which will have already passed out AB 8x (Migden), which accomplishes the same goals as SB 39x. Chances are that the Assembly ECA committee would hold SB 39x in deference to the committee=01,s position on AB 8x. The same could be said = for AB 8x on the Senate side, but AB 8x came from the Administration which may give it more weight to move it forward. -- The Senate Energy Committee heard SB 47x (Battin), which lowers the payments of the purchase power agreements between the QFs and the IOUs, but did not vote on the measure. Senator Bowen, Chair of the committee, was intent on discussing selected provisions of the bill and their relationship to public policy objectives before she felt comfortable taking a vote. She indicated a desire to continue discussions with stakeholders to address and clarify issues and concerns in the bill, and bring it up for another hearin= g and vote most likely next Tuesday. IEP continues to seek support for the measure and add co-authors. -- The Senate Energy Committee also heard SB 28x (Sher/Battin), which makes various changes to the siting process including many IEP-sponsored proposals. So far this is the most comprehensive and positive siting bill introduced, with the greatest chance of moving forward. The bill passed ou= t of the committee on a 9 to 0 vote even though most of the environmental community testified in opposition. Chris Ellison and I are continuing to work with the authors=01, staff to develop additional language which should= be available before the measure goes to the Assembly. Senator Bowen, however, has indicated she will bring it back to her committee for another hearing i= f there are any significant changes, slowing the bill=01,s progress. -- AB 36x (Wright), which would apply specified repower projects to the 6-month expedited siting process established in AB 970 (2000), passed out o= f the Assembly Appropriations Committee. IEP testified in support of the bill, still noting we were still working with the author on language. IEP continues to believe that with the current language, few, if any, projects would qualify and is working with staff on fixing that. -- Attached is the most recent legislative tracking reports, both the special session and regular session. Please let me know if you need copies of any of these bills. UPCOMING EVENTS: MONDAY, March 5th Senate Appropriations Committee SB 28x (Speier) =01) makes various changes to siting process Assembly Energy Costs and Availability Committee AB 38x (Jackson) =01) provides financial incentives for renewable generatio= n AB 60x (Hertzberg) =01) ties =01&California first=018 language to the sitin= g process. Assembly Revenue and Taxation Committee AB 62x (Cohn) =01) relating to local property taxes --end-- Julee Malinowski-Ball Senior Associate Edson + Modisette 916-552-7070 FAX-552-7075 jmball@ns.net - 2001 Tracking Report.doc - 2001 Tracking Report.special session.doc
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