SB 520: Electricity: intervenor funding.

Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities. Existing law requires the PUC to award reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of preparation for and participation in a hearing or proceeding of the PUC involving an electrical, gas, water, or telephone corporation to a customer who complies with specified procedures when the customers presentation makes a substantial contribution to the adoption, in whole or in part, of the PUCs order or decision and where participation or intervention without an award of fees or costs imposes a significant financial hardship.

This bill would establish a mechanism to provide compensation for reasonable advocates fees, reasonable expert witness fees, and other reasonable costs of participation in processes of the Independent System Operator (ISO), proceedings of the Federal Energy Regulatory Commission (FERC) that affect Californias environment and consumers, and certain proceedings at the State Energy Resources Conservation and Development Commission (Energy Commission). (ISO) related to proceedings concerning transmission planning, the transmission access charge, energy markets, and regionalization. The bill would require an organization intending to seek compensation to submit an annual notice of intent and eligibility to the Energy Commission PUC containing specified information. The Energy Commission PUC would be required to timely issue a finding as to whether the organization is an eligible group, as defined, that may file for compensation. The bill would authorize an eligible group, by March 31 of each year, to file for compensation from an electrical corporation that is a transmission-owning utility, as defined, for participation in eligible proceedings for the prior calendar year. The bill would require the Energy Commission, PUC, within 90 days after the filing of the request for compensation or within 60 days after the submission of additional supporting documentation, whichever occurs later, to determine whether the eligible group has productively participated in an eligible proceeding, and if so, to direct that the reasonable costs of participation, including advocates fees, expert witness fees, and associated costs, as respectively defined, be paid by the electrical corporation from moneys held in trust by the electrical corporation for that purpose. The bill would require that payment be denied to any eligible group that engages in vexatious behavior or attempts to unreasonably obstruct the orderly and timely fulfillment of the responsibilities of the ISO or FERC. ISO. The bill would require the Energy Commission to adopt guidelines commission to adopt rules governing the intervenor funding program at a publicly noticed meeting offering all interested parties an opportunity to comment. The bill would require the Energy Commission , in consultation with the PUC and PUC, in consultation with the ISO, to report to all relevant policy and fiscal committees of the Legislature by January 1, 2024, 3 years after the program is implemented with sufficient information for the Legislature to determine the effectiveness of the program in achieving greater access and transparency, increasing productive participation, and minimizing negative impacts on ratepayers and the environment. The PUCs authority to award intervenor compensation pursuant to the program would become inoperative 4 years after the program is implemented.

Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the PUC is a crime.

Because certain provisions of the bill would require an order or requirement to be imposed by the PUC upon an electrical corporation, and a violation of the order or requirement would be a crime, the bill would impose a state-mandated local program by creating a new crime.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.