CCC PPPPP U U CCC N N EEEEE W W W SSS C C P p U U C C NN N E W W W S S C P P U U C N N N E W W W S C PPPPP U U C N N N EEE W W W W SSS C P U U C N N N E WW WW S C C P U U C C N NN E W W S S CCC P UUUU CCC N N EEEEE W W SSS California Public Utilities Commission 505 Van Ness Avenue, Room 5301 San Francisco, CA 94102 CONTACT: Dianne Dienstein April 10, 1996 CPUC - 33 415-703-2423 (R.94-04-031/I.94-04-032) (Revised News Release) CPUC TELLS RESTRUCTURING PARTIES TO COLLABORATE ON A CTC Responding today to a request by Pacific Gas and Electric (PG&E), the California Public Utilities Commission (CPUC) directed parties in its electric industry restructuring proceeding to collaborate to recommend to the Commission an interim Competitive Transition Charge (CTC), and provided guidance on how to do so. The Commission made it clear that the while the issue required action today, the Commission is not prejudging the issues before the Legislature and will continue to work cooperatively with the Legislature on all aspects of electric industry restructuring. Under the electric industry restructuring order, the Commission authorized utilities to collect a CTC from all customers to offset: the reasonable costs utilities incurred in building generation plants to serve their customers, above-market costs associated with nuclear power plant settlements and power purchase contracts, and costs arising from regulatory obligations. These costs are currently collected in rates from all customers. In the competitive electric generation market to come, however, it is reasonable to assume utilities will lose some customers to competing suppliers. To assure utility viability and recovery of approved past expenses, all utility retail customers who were customers on and after December 20, 1995 -- the date the Commission adopted a policy to restructure California's electric industry no later than January 1, 1998 and reform regulation -- would pay the CTC. - more- PG&E contends that some of its larger customers now being sought by municipal utilities, irrigation districts or other public-owned utilities as potential customers may seek to evade, or be offered an opportunity to evade, the CTC. PG&E asserts that if these customers do not pay their share of the CTC, remaining customers will have to pay higher costs. This would undermine the Commission's plan for gradual, orderly and fair transition to competition. According to the Commission, customers who leave a utility system should be given an opportunity to sign an agreement to pay their fair share of transition costs, an effective reminder of this responsibility, but whether the customer signs the agreement or not, any customer served on December 20, 1995 will have this obligation. Though PG&E sought to have the Commission require a customer to pay all CTC before leaving the system, the Commission views this as too severe a remedy because it could discourage customers from leaving a utility system to participate in the competitive market. Instead the Commission urges parties to develop a mechanism to assure payment by requiring monthly payment of CTC until the Commission completes the proceeding to develop the amount and mechanisms for CTC collection. Customers' payments will be trued up, through either a refund or additional payment, once the final amount of CTC is set. Collecting interim CTC from customers leaving a utility system before Jan. l, 1998 is consistent with the Commission's goal of retaining the broadest possible base for collecting those costs, so that smaller customers -- who may not have competitive options until later -- don't bear the CTC others seek to evade. The Commission envisions parties collaborating over a 3-day or less period to develop specific market assumptions and recommend an interim CTC amount. If parties do not reach - more - consensus, they will forward a report on the issues to a CPUC Administrative Law Judge for quick resolution. The Commission offered this guidance to parties as they collaborate to develop an interim CTC: o Identify components of today's rates that should be given CTC treatment. The charge should be high enough to cover all transition costs embedded in current rates. o Measure the extent to which a generation resource or power purchase agreement is uneconomic against today's short-term energy wholesale market conditions and limit projections to the next 20 months. o The interim CTC should be collected monthly, not in a lump sum. A customer may choose to pay all interim CTC in advance, provided the customer commits to pay any shortfall, with interest, when the final CTC is set; PG&E will refund any overcollection with interest. o The interim CTC should not result in cost-shifting between or within customer classes. ###