A. 96-12-009

  1. 97-08-056

COMMISSIONER JESSIE J. KNIGHT, JR. CONCURRING:

I support this decision, but feel compelled to memorialize thoughts that may aid future commission deliberation in dealing with new unbundling issues that will surely arise over time. The decision here provides a fair allocation of costs among the classic functional areas of transmission, generation and distribution, as well as an economically efficient means of calculating the competition transition charge (CTC). Yet, I must express concerns that the premise driving this stage of unbundling has a basic flaw. The exercise to divide the electric industry into three distinct functional components is an idea that no longer fits the reality of the evolving competitive market for electricity. Traditionally, the electricity industry has been segmented into three primary functions -- transmission, distribution and generation.

This decision reflects our own institutional biases that were cultivated during the several stages of our own initial procedural and issue development in the electrical restructuring proceeding, as well as the strictures evident in AB 1890 that serve as the intellectual and legislative anchors justifying the attempt to put costs into these three baskets. The study and debate over the course of this decision has highlighted the unequivocal fact that there are many costs that did not fit easily into one basket or the other.

Generally, these costs should be characterized as "retailing costs". These retailing costs can be categorized as reflecting the cost of selling electricity to an end-user. They are not costs associated with the generation of electricity. Fundamentally, the production of power, the actual generation of electricity, is a wholesale function rather than a retail function. These retailing costs are not a true component of the cost of distribution, because the business function of selling a product to a customer is inherently not a distribution cost. By definition, transmission costs are not associated with providing retail service.

The procedural necessity in place currently, that insists that all costs must be allocated to generation, transmission, or distribution, has obscured the issues in this proceeding. There are identifiable costs associated with the provision of retail electric service, costs that should be unbundled from wholesale costs, recovered through the provision of retail service and therefore solely collected from retail customers of the utility.

As a result of this decision, some of these retailing costs have been allocated to generation and some assigned to distribution. Of paramount concern is the fear that recovery of retailing costs in distribution rates will require competitive retail providers to inadvertently pay the retailing costs of the utilities. Realization of this envisioned circumstance would create a subsidization of the utility's retailing function, thus promoting injury to the development of a competitive retail electric marketplace.

As the Commission proceeds to fashion a robust and competitive retail market, it must actively seek to further unbundle these "retailing costs" from distribution and generation rates. Only this proactive effort can ensure a level playing field between the utilities and competitive energy service providers.

The Commission's experience in overseeing the natural gas and the telecommunications industries prepares us for the inevitable fact that the unbundling that is occurring here will be the first of many such proceedings, as our thinking and analysis mature. It is a historic fact that the telecommunications industry has undergone many rounds of unbundling. First, customer-premise-equipment was unbundled from telephony. Later, long distance was unbundled from the local service market, as a result of the disaggregation of AT&T that resulted from the Modified Final Judgement in 1984. Since then, central office space has been unbundled, as was the many underlying basic service elements in the 1980's and early 1990's, as part of the federal open network architecture policy. Currently, local telephone service is being further unbundled with links being unbundled from ports. In fact, the entire network is being unbundled into basic network functions, with each getting unbundled from each other. Furthermore, in the wholesale provision of bundled service, the Commission has seen fit to ensure that wholesale rates are discounted to unbundle retailing costs.

In the natural gas industry, the merchant function, gas gathering, and interstate transport are all unbundled. In a Commission decision that is a mere few weeks old, gas storage was unbundled. Moreover, this Commission is actively engaged in bringing about even greater unbundling in the intrastate gas arena as a result of D.97-08-055. Furthermore, it is the intention of the Commission to ensure that its forthcoming long term gas strategy also addresses this issue of unbundling retailing costs from the provision of wholesale services.

In the electricity industry, as we explored the various aspects of the industry, it became apparent that generation is made up of many severable components. Electricity has an energy component, reliability components, and retailing components. Distribution has revenue cycle components with distinct retailing elements. Even the overall revenue cycle of the utility can be further unbundled into meter reading, billing, and other severable parts. It is not beyond the pale for the Commission to potentially find that many more underlying functions may eventually be unbundled one from another as a result of federal policies that will certainly emerge and evolve over time.

The process of unbundling can be likened to the peeling of an onion. Under each layer, there is another layer that can be peeled away, or further unbundled, if you will. The Commission should fully expect and more importantly, seek the further unbundling of distribution functions to assure that retailing costs are truly unbundled from distribution. Only this strategy will yield a competitive market such that future retailers will be able to compete on a level playing field with the utility distribution companies. In short, the development of a competitive retail market requires the unbundling of retail costs from wholesale services and the sole recovery of these costs from utility retail customers.

Dated August 1, 1997 in San Francisco, California.




__/s/ Jessie J. Knight, Jr.___

Jessie J. Knight, Jr.

Commissioner