Cities Index.
Item 4 – Regulatory Update from Keyes & Fox

Clean Energy Alliance Board of Directors
March 28, 2024

Document
Item 4 – Regulatory Update from Keyes & Fox
Meeting
March 28, 2024
Body
Clean Energy Alliance Board of Directors
Original file
176 KB
Text extracted from the CCA's file for reading and search. Open the original on thecleanenergyalliance.org. That file is the official record.

Clean Energy Alliance: Regulatory Update
Andy Ball – Keyes & Fox LLP
March 28, 2024
Overview
● Provider of Last Resort – Proposed Decision
● Resource Adequacy (Briefly)
2 What is Provider of Last Resort?
● A POLR is the utility (or other LSE) that has the obligation to serve all customers.
○ POLRs cannot discriminate between customers; must maintain facilities to provide adequate service.
● Long-standing Commission concept; recently defined in statute via SB 520:
○ An LSE “that the Commission . . . [d]esignates to provide electrical service to any retail customer whose service is transferred to the designated [LSE] because the customer’s [LSE] failed to provide, or denied, service to the customer or otherwise failed to meet its obligations.”
● In practical terms: POLRs are SDG&E, SCE, and PG&E.
3 Relevant POLR Issues
● Customer Migration:
○ Involuntary vs. voluntary.
○ One-off vs. mass.
● Financial Security Requirements/Re-Entry Fees:
○ Statute requires protection against cost-shifts in the case of customer migration.
● Key Issue: How does system adapt to mass, involuntary migration from CCA to POLR (i.e. traditional IOU)?
4 POLR Proposed Decision
● POLR proceeding initiated to (i) respond to legislative changes of SB 520 and (ii) consider reforms to POLR requirements.
○ Proceeding will remain open for Tracks 2 and 3.
● PD filed March 14, 2024.
● Opening Comments on PD due April 3; Reply Comments on PD due April 8.
● Commission can hear PD on April 18 at the earliest.
5 POLR Proposed Decision – Key Points
● PD adopts new minimum Financial Security Requirements:
○ Prior minimum FSR = $147,000.
○ CEA’s minimum FSR obligation will be the greater of either $147,000 or the product of $0.50 and CEA’s customer count.
○ Note: This is minimum FSR; if procurement or administrative costs increase, or IOU revenues decrease, FSR could grow.
● Practical Takeaway: CEA’s FSR likely to remain at $147,000 for the now.
6 POLR Proposed Decision – Key Points
● PD adopts new minimum Financial Reporting obligations. ● Tier 1:
○ All CCAs must provide most recent audited financial information twice a year, in January and July.
● Tier 2:
○ CCAs at risk of failure must submit information to, and meet with, Energy Division.
○ At risk if: credit rating downgrade; DLOH < 45 days and debt service coverage ratio < 1.0; low cash reserves; procurement default; bankruptcy.
○ ED Consultation: disclose risk condition; provide procurement and detailed financial information. 7
Resource Adequacy - Slice of Day
● Significant change to RA program (to say the least!):
○ Compliance is measured based on ability to serve LSE-specific load (plus PRM) in all 24 hours of the CAISO’s worst day of the month. ● For now, Flexible RARs remain in place. Local RARs, too. ● Pressure for further delay of SOD is building.
● Proposed Decision expected in May 2024; final decision expected in June 2024.

QUESTIONS?
Andy Ball
[email protected]
610-389-9996
Tim Lindl
[email protected]
510-314-8385
9

← All documents from this meeting