SECTIONS 80100-80122 - California Statutes

WATER CODE

SECTION 80100-80122

80100. Upon those terms, limitations, and conditions as it
prescribes, the department may contract with any person, local
publicly owned electric utility, or other entity for the purchase of
power on such terms and for such periods as the department determines
and at such prices the department deems appropriate taking into
account all of the following:
(a) The intent of the program described in this division is to
achieve an overall portfolio of contracts for energy resulting in
reliable service at the lowest possible price per kilowatthour.
(b) The need to have contract supplies to fit each aspect of the
overall energy load profile.
(c) The desire to secure as much low-cost power as possible under
contract.
(d) The duration and timing of contracts made available from
sellers.
(e) The length of time sellers of electricity offer to sell such
electricity.
(f) The desire to secure as much firm and nonfirm renewable energy
as possible. Prior to commencement of the program described in this
division, the department shall assess the need for power in the state
in consultation with the Public Utilities Commission and local
publicly owned electric utilities and electrical corporations in the
state and such other entities in the state as the department
determines are appropriate. The department may also enter into
options or forward contracts with respect to the foregoing, and
contract with any person, local publicly owned electric utility, or
other entity for transmission, scheduling, and other related power
services necessary or desirable to accomplish the purposes of this
division.

80102. (a) Contracts under this division may provide for the
assignment thereof on any terms and conditions as the contracts may
specify.
(b) Any contract for the purchase or sale of electric power shall
contain any contractual terms and security provisions as are
determined by the department to be necessary or appropriate and the
department may enter into such arrangements as may be necessary or
appropriate to implement the foregoing.
(c) Notwithstanding any other provision of law, the department may
pay or provide for the payment of power or use of transmission or
distribution facilities and other related services prior to the
delivery or utilization thereof, provided that the department
determines that prepayment is beneficial to ratepayers and that
adequate provision has been made for the security of the department.

80104. Upon the delivery of power to them, the retail end use
customers shall be deemed to have purchased that power from the
department. Payment for any sale shall be a direct obligation of the
retail end use customer to the department.

80106. (a) The department may contract with the related electrical
corporation or its successor in the performance of related service,
for the electrical corporation or its successor in the performance of
related service, to transmit or provide for the transmission of, and
distribute all power made available by the department, and, as agent
of the department, provide billing, collection, and other related
services on terms and conditions that reasonably compensate the
electrical corporation for its services, and adequately secure
payment to the department.
(b) At the request of the department, the commission shall order
the related electrical corporation or its successor in the
performance of related service, to transmit or provide for the
transmission of, and distribute all power made available by the
department, and, as agent of the department, provide billing,
collection, and other related services on terms and conditions that
reasonably compensate the electrical corporation for its services,
and adequately secure payment to the department.

80108. The commission may issue rules regulating the enforcement of
the agency function pursuant this division, including collection and
payment to the department.

80110. (a) The department shall retain title to all electricity
sold by it to the retail end-use customers. The department shall be
entitled to recover, as a revenue requirement, amounts and at the
times necessary to enable it to comply with Section 80134, and shall
advise the commission as the department determines to be appropriate.
(b) The revenue requirements may also include any advances made to
the department hereunder or hereafter for purposes of this division,
or from the Department of Water Resources Electric Power Fund, and
General Fund moneys expended by the department pursuant to the
Governor's Emergency Proclamation dated January 17, 2001.
(c) (1) For the purposes of this division and except as otherwise
provided in this section, the Public Utility Commission's authority
as set forth in Section 451 of the Public Utilities Code shall apply,
except any just and reasonable review under Section 451 shall be
conducted and determined by the department. Prior to the execution of
any modification of any contract for the purchase of electricity by
the department pursuant to this division, on or after the effective
date of this section, the department or the commission, as
applicable, shall do the following:
(A) The department shall notify the public of its intent to modify
a contract and the opportunity to comment on the proposed
modification.
(B) At least 21 days after providing public notice, the department
shall make a determination as to whether the proposed modifications
are just and reasonable. The determination shall include responses to
any public comments.
(C) No later than 70 days before the date of execution of the
contract modification, the department shall provide a written report
to the commission setting forth the justification for the
determination that the proposed modification is just and reasonable,
including documents, analysis, response to public comments, and other
information relating to the determination.
(D) Within 60 days of the date of receipt of the department's
written report, the commission shall review the report and make
public its comments. If the commission in its comments recommends
against the proposed modification, the department shall not execute
the proposed contract modification.
(2) This subdivision does not apply to the modification of a
contract modified to settle litigation to which the commission is a
party.
(3) This subdivision does not apply to the modification of a
contract for the purchase of electricity that is generated from a
facility owned by a public agency if the contract requires the public
agency to sell electricity to the department at or below the public
agency's cost of that electricity.
(4) This subdivision does not apply to the modification of a
contract to address issues relating to billing, scheduling, delivery
of electricity, and related contract matters arising out of the
implementation by the Independent System Operator of its market
redesign and technology upgrade program.
(5) (A) For purposes of this subdivision, the department proposes
to "modify" a contract if there is any material change proposed in
the terms of the contract.
(B) A change to a contract is not material if it is only
administrative in nature or the change in ratepayer value results in
ratepayer savings, not to exceed twenty-five million dollars
($25,000,000) per year. For the purpose of making a determination
that a change is only administrative in nature or results in
ratepayer savings of twenty-five million dollars ($25,000,000) or
less per year, the executive director of the commission shall concur
in writing with each of those determinations by the department.
(d) The commission may enter into an agreement with the department
with respect to charges under Section 451 for purposes of this
division, and that agreement shall have the force and effect of a
financing order adopted in accordance with Article 5.5 (commencing
with Section 840) of Chapter 4 of Part 1 of Division 1 of the Public
Utilities Code, as determined by the commission.
(e) The department shall have the same rights with respect to the
payment by retail end-use customers for electricity sold by the
department as do providers of electricity to the customers.

80112. All money collected with respect to any power acquired and
sold pursuant to this division and the Governor's Emergency
Proclamation dated January 17, 2001, and all money paid directly or
indirectly to or for the account of the department with respect to
any sale, exchange, transfer, or disposition of power acquired
pursuant hereto, shall constitute property of the department and
shall be deposited in the fund in accordance with subdivision (b) of
Section 80200. To the extent any moneys are received by an electrical
corporation pursuant to Section 80106 in the process of collection,
and pending their transfer to the department, they shall be
segregated by the electrical corporation on terms and conditions
established by the department and shall be held in trust for the
benefit of the department.

80116. The department may sell any power acquired by the department
pursuant to this division to retail end use customers, and to local
publicly owned electric utilities, at not more than the department's
acquisition costs, including transmission, scheduling, and other
related costs, plus other costs as provided in Section 80200, or
exchange power with any person or public or private entity. The
department may not sell power to any local publicly owned electric
utility, as defined in Section 9604 of the Public Utilities Code,
which is itself a net seller of power. However, to the extent that
any acquired power is not required for use within the state, if it is
otherwise advantageous and necessary, the power may be sold,
transferred, or otherwise disposed of, or an option may be granted
with respect to the power, to any person or public or private entity.
Except to maintain system integrity, the department shall sell the
power that is to be delivered to retail end use customers within the
service area of the electrical corporations that purchase power from
the electrical corporations directly to the retail end use customers.

80120. The department may fix and establish the procedure and
charges for the sale or other disposal of power purchased by the
department.

80122. The department may do any of the following as may be, in the
determination of the department, necessary for the purposes of this
division:
(a) Hire and appoint employees as required, at salary levels
determined by the director to be competitive to attract and retain
persons with the necessary expertise and skills. Prior to hiring or
appointing an employee at a salary in excess of a salary approved by
the Department of Personnel Administration, the director shall submit
the proposed salary to the Director of Finance who shall submit it
to the Legislature in accordance with Section 27.00 of the annual
Budget Act. No excess salary authorized under this section may be
paid on or after January 1, 2003. The excess portion of a salary
authorized under this section may not be considered salary in the
calculation of final compensation for purposes of benefits under the
Public Employees' Retirement System.
(b) Engage the services of private parties to render professional
and technical assistance and advice and other services in carrying
out the purposes of this division.
(c) Contract for the services of other public agencies.
(d) The State Personnel Board and the Department of Personnel
Administration shall assist the department in expediting the hiring
of personnel necessary and desirable for the timely and successful
implementation and administration of the department's duties and
responsibilities pursuant to this division.