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HomeMy WebLinkAboutAgenda Report - June 5, 2019 C-14{ AGENDA ITEM e-A CIrv op Lonr C ouNcIr, C oivtMUNrcATIoN TM AGENDA TITLE: MEETING DATE: PREPARED BY: Receive Report Regarding Communication Pertaining to Senate B,il|772 (Bradford) Long Duration Bulk Energy Storage: Procurement June 5,2019 City Clerk RECOMMENDED ACTION Receive report regarding communication pertaining to Senate B.il|772 (Bradford) Long Duration Bulk Energy Storage: Procurement. BACKGROUND INFORMATION: The City received a request for communication from the Northern California Power Agency (NCPA) regarding Senate Bill (SB) 772 (Bradford) Long Duration Bulk Energy Storage: Procurement. There was a need to send a letter of concern immediately in light of a pending hearing. SB 772 would require the California lndependent System Operator (CAISO) to procure at least 2,000 megawatts (MW) and up to 4,400 MW of long-duration bulk energy storage, generally understood to mean pumped-hydroelectric energy storage. SB 772 would rely upon deliberations of the Federal Energy Regulatory Commission (FERC) to assess how the billions of dollars in procurement costs imposed by the bill would be passed on to electric utilities - and ultimately their customers - that participate in the CAISO, of which Lodi Electric is a participant. FERC's determination to socialize costs could result in our utility customers paying for a resource that does not provide any energy delivery, reliability, or economic benefits to our customers. The attached letter, electronically signed by the Mayor, was sent on May 22, 2019. A copy of the initial request, along with the text of the bill is also attached. This report is provided for informational purposes only, pursuant to policy. FISCAL IMPACT:Not applicable FUNDING AVAILABLE: Not applicable. t nifer M iolo City Clerk APPROVED ity Manager \\cvcfilv0l \administration$\Administration\CLERK\Council\COUNCOM\LeagueReceiveReportMaste12.doc CITY COUNCIL MARK CHANDLER , Mayor DOUG KUEHNE, Mayor Pro Tempore BOB JOHNSON JOANNE MOUNCE ALAN NAKANISHI CITY OF LODI 2015 “Wine Region of the Year” CITY HALL, 221 WEST PINE STR EET P.O. BOX 3006 LODI, CALIFORNIA 95241 -1910 (209) 333 -6702 / FAX (209) 333 -6807 www.lodi.gov cityclerk@lodi.gov STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO C ity Clerk JANICE D. MAGDICH City Attorney May 23, 2019 The Honorable Steven Bradford State Senator, 35th District State Capitol, Room 2059 Sacramento, CA 95814 RE: SB 772 (Bradford) Long Duration Bulk Energy Storage: Procurement – CONCERN On behalf of the City of Lodi Electric Utility, I write to express concerns with your bill, SB 772, which would require the California Independent System Operator (CAISO) to procure at least 2,000 megawatts (MW) and up to 4,400 MW of long-duration bulk energy storage, generally understood to mean pumped-hydroelectric energy storage. SB 772 would rely upon deliberations of the Federal Energy Regulatory Commission (FERC) to assess how the billions of dollars in procurement costs imposed by the bill would be passed on to electric utilities – and ultimately their customers – that participate in the CAISO, of which Lodi Electric is a participant. FERC’s determination to socialize costs could result in our utility customers paying for a resource that does not provide any energy delivery, reliability, or economic benefits to our customers. The City of Lodi Electric Utility is a not-for-profit, publicly owned electric utility overseen by a locally elected governing board that serves over 26,000 residents and businesses. Lodi Electric provides reliable and affordable electric service while meeting the state’s clean energy goals and procures a balanced portfolio, informed by the needs and input of our community. While we share your interest in finding solutions to support renewable energy integration, unfortunately, the path proposed in SB 772 raises significant concerns. As a community-owned utility, we hear from our customers at regular public meetings of our governing board. They emphasize the importance of maintaining affordable electricity rates and share their concerns about rising costs. Our procurement planning balances these concerns while factoring in how the City of Lodi Electric Utility can most cost-effectively meet California’s energy and climate goals. Beyond our utility’s individual planning efforts, there are already mechanisms to assess long-term resource needs on a broad, statewide scale. For example, under SB 100 (de Leon, 2018), the state’s energy planning agencies are mandated to conduct an assessment of achieving a 100% zero-carbon retail electric supply. Both state- and utility-level planning processes provide necessary analysis for determining the most feasible (from both cost and environmental perspectives) pathway for a carbon-free economy. However, procurement mandates, such as those prescribed by SB 772, would predetermine costly outcomes without robust consideration of the underlying need. We appreciate your consideration of our concerns. Please do not hesitate to contact my office at (209) 333-6702 should you have any questions. Sincerely, Mark Chandler Mayor cc: The Honorable Cathleen Galgiani ***FLOOR ALERT *** OPPOSE SB 772 (BRADFORD) Northern California Power Agency | 651 Commerce Drive | Roseville, CA 95678 | (916) 781-3636 www.ncpa.com | www.twitter.com/NCPA_Alert NCPA must STRONGLY OPPOSE SB 772, as amended on May 17th, because the bill:  Invites federal government intervention in state policymaking. The bill relies upon a process subject to approval by the federal government. Though recent amendments to the bill attempt to limit costs to the entities who need storage, California policies will not have a direct impact on the actions of the Federal Energy Regulatory Commission’s (FERC) deliberations. In fact, FERC could require all utilities in California to pay for these projects regardless of whether the utilities need the storage to maintain reliable electric service.  Increases the cost of electricity service for Californians. The projects mandated by this bill will have a multibillion-dollar pricetag that Californians will have to pay through increased electric utility costs. Utility transmission rates make-up a significant portion of electric utility customer rates; California utilities already have some of the highest transmission rates in the nation and have seen exponential transmission rate increases over the past 10 years. SB 772 would exacerbate this problem by increasing transmission rates that result in direct increases to utility customer rates that are already seeing upward pressures as utilities work toward the state’s decarbonization policies.  Violates the intent of having an independent system operator. The California Independent System Operator (CAISO) was established with the intent of serving as an independent entity to support the operation of the state’s transmission system. By requiring the CAISO to contract with long-term bulk energy storage resources, SB 772 would inappropriately create an incentive for the CAISO to call-on power from this resource before others.  Violates local decision-making processes. SB 772 would implement a statewide, resource procurement mandate that directly impedes on the imperative of the governing boards of local, publicly owned electric utilities to make electricity procurement decisions with input from their constituents. We strongly urge your NO vote on SB 772. AMENDED IN SENATE MAY 17, 2019 AMENDED IN SENATE APRIL 11, 2019 SENATE BILL No. 772 Introduced by Senator Bradford (Coauthor: Senator Coauthors: Senators Bates and Stone) (Coauthors: Assembly Members Cervantes, Cooper, Eduardo Garcia, Mayes, O’Donnell, Rodriguez, Blanca Rubio, Salas, and Santiago) February 22, 2019 An act to add Section 351 to the Public Utilities Code, relating to energy. legislative counsel’s digest SB 772, as amended, Bradford. Long duration bulk energy storage: procurement. Existing law provides for the establishment of an Independent System Operator (ISO), under the jurisdiction of the Federal Energy Regulatory Commission (FERC), to secure generating and transmission resources necessary to guarantee achievement of specified minimum planning and operating reserve criteria for much of the state’s electrical transmission system. This bill would require the ISO, on or before June 30, 2022, to complete a competitive solicitation process for the procurement of one or more long duration energy storage projects that in aggregate have at least 2,000 megawatts capacity, but not more than 4,000 2,400 megawatts, except as provided. The bill would require the ISO, after December 31, 2030, and only if found to be necessary, to complete an additional competitive solicitation process for additional long duration bulk energy storage projects that in aggregate have up to 2,000 megawatts capacity and have targeted commercial operation dates of 97 no later than January 1, 2045. The bill would require that the competitive solicitation process processes provide for cost recovery from load-serving entities within the ISO-controlled electrical grid that the ISO determines is just and reasonable and that takes into account the distribution of in a manner that allocates those costs among load-serving entities based on cost causation and each load-serving entity’s need for, and benefits from realized from, the long duration bulk energy storage. If FERC takes any action that materially affects California’s clean energy and climate laws, programs, or policies, the bill would relieve the ISO from the duty to comply with the bill’s requirements, as specified. Under existing law, a violation of the Public Utilities Act is a crime. Because the provisions of this bill would be a part of the act, a violation of which would be a crime, the bill would impose a state-mandated local program. 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. Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​ The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares all of the line 2 following: line 3 (a)  California is experiencing unprecedented changes in the line 4 generation, delivery, and consumption of electricity. Along with line 5 these changes come challenges in operating the state’s electrical line 6 grid and resources in the most efficient and reliable manner, line 7 particularly in terms of simultaneously matching electrical line 8 generation with demand. line 9 (b)  As part of the long-term procurement planning process at line 10 the Public Utilities Commission, the California Independent System line 11 Operator (ISO) has identified a need for fast-ramping and flexible line 12 resources to balance the electrical grid and store low-cost energy line 13 from eligible renewable energy resources. line 14 (c)  The ISO has identified long duration bulk energy storage line 15 and, in particular, pumped hydroelectric storage, when constructed 97 — 2 — SB 772 line 1 in a sufficiently large scale, as supporting the California electrical line 2 grid’s need for fast-ramping capability and the capacity to store line 3 generation from eligible renewable energy resources. line 4 (d)  The State Energy Resources Conservation and Development line 5 Commission has identified bulk energy storage, including pumped line 6 hydroelectric storage, storage as a key resource to help meet the line 7 challenges of integrating electricity from eligible renewable energy line 8 resources into the California electrical grid and of supporting line 9 economywide goals for reducing emissions of greenhouse gases. line 10 (e)  Pumped hydroelectric storage is a well-established and line 11 proven technology form of long duration bulk energy storage in line 12 wide deployment in the world, including in California, and, over line 13 many decades, has been shown to be reliable over a useful asset line 14 life exceeding 50 years. line 15 (f)  Pursuant to Chapter 7.7 (commencing with Section 2835) line 16 of Part 2 of Division 1 of the Public Utilities Code, the Public line 17 Utilities Commission established a 1,325 megawatts energy storage line 18 procurement mandate. However, pumped hydroelectric storage line 19 facilities larger than 50 megawatts were not included as an eligible line 20 technology under the commission’s implementation of that chapter. line 21 Battery energy storage projects have been the primary energy line 22 storage technology procured to meet that mandate. line 23 (g)  Other bulk energy storage technologies, including line 24 compressed air and those that store energy by chemical, thermal, line 25 or other means, also provide capabilities and valuable long duration line 26 bulk storage benefits similar to pumped hydroelectric storage. line 27 benefits. line 28 (h)  The State Energy Resources Conservation and Development line 29 Commission has identified a number of barriers to bulk energy line 30 storage projects, including their significant upfront capital costs, line 31 long development timelines, and uncertainty surrounding cost line 32 recovery and allocation caused by the increasing fragmentation of line 33 customer load served by California’s growing number of line 34 load-serving entities. line 35 (i)  Many of the barriers to the development of long duration line 36 bulk energy storage would similarly apply to the development of line 37 electrical transmission projects if it were not for the transmission line 38 planning process implemented by the ISO, which identifies, selects, line 39 bids out, and allocates costs to ratepayers for electrical line 40 transmission projects. The ISO currently selects developers of 97 SB 772 — 3 — line 1 electrical transmission projects by way of a public competitive line 2 solicitation process to ensure the cost effectiveness of each project. line 3 The ISO’s process also ensures electrical transmission project line 4 quality, timing, and cost containment protections for ratepayers line 5 and has resulted in the development of projects at significant cost line 6 savings relative to presolicitation project cost estimates. line 7 (i) line 8 (j)  It is in the interest of California to diversify energy storage line 9 technologies. line 10 (j) line 11 (k)  California needs long duration bulk energy storage given its line 12 ability both to store excess electricity generated by eligible line 13 renewable energy resources and, when needed, to quickly inject line 14 that electricity back into the electrical grid to meet ramping, peak line 15 demand needs, and other reliability requirements, including those line 16 related to weather or fire events. Such long duration bulk energy line 17 storage can serve as part of the new strategy for efficiently line 18 operating the electrical grid, while maintaining electrical reliability line 19 and satisfying environmental goals. This public policy directive line 20 should be implemented by the ISO. ISO through a competitive line 21 solicitation process that is comparable to the one used in the ISO’s line 22 transmission planning process and that is open to all eligible long line 23 duration bulk energy storage technologies. line 24 (k) line 25 (l)  Because long duration bulk energy storage will contribute line 26 to systemwide reliability of the electrical transmission grid as line 27 additional eligible renewable energy resources are added, it is line 28 appropriate that the cost of long duration bulk energy storage be line 29 recovered through federal rates charged by the ISO in a manner line 30 consistent with its broad benefits. The ISO should establish a cost line 31 recovery framework for such energy storage through a public line 32 process. line 33 SEC. 2. Section 351 is added to the Public Utilities Code, to line 34 read: line 35 351. (a)  For purposes of this section, “long duration bulk line 36 storage project” means an energy storage resource interconnected line 37 to the electrical grid in California that has the capability to line 38 continuously discharge at its capacity for at least eight hours and line 39 cycle through its discharge and charge cycle on a daily basis, hours, line 40 has at least 400 megawatts in project capacity, and has been proven 97 — 4 — SB 772 line 1 by way of deployment to have deployment, and has a minimum line 2 useful asset life of at least 40 years. line 3 (b)  (1)  On or before June 30, 2022, the Independent System line 4 Operator shall complete a competitive solicitation process for one line 5 or more long duration bulk storage projects that have an aggregate line 6 capacity of at least 2,000 megawatts, but not more than 4,000 2,400 line 7 megawatts. The Independent System Operator shall ensure that line 8 the selected long duration bulk energy storage is feasible and can line 9 be constructed on a timeline consistent with the California line 10 Renewables Portfolio Standard Program (Article 16 (commencing line 11 with Section 399.11)) and the state’s targets for reducing emissions line 12 of greenhouse gases, taking into consideration the status of the line 13 required permits and licenses for each project, with a targeted line 14 commercial operation date for each project of no later than 2030. line 15 If the competitive solicitation authorized by this paragraph results line 16 in the selection of an aggregate project capacity of less than 4,000 line 17 megawatts of long duration bulk energy storage, the Independent line 18 System Operator, in consultation with the commission and the line 19 Energy Commission, may complete a public, competitive line 20 solicitation process for selecting one or more long duration bulk line 21 energy storage projects to satisfy the remainder of the maximum line 22 authorized capacity of 4,000 megawatts as a means to facilitate line 23 achievement of the state’s goals for reducing emissions of line 24 greenhouse gases. line 25 (2)  After December 31, 2030, and only upon the commission line 26 and the Energy Commission each making a finding that after the line 27 solicitation process required pursuant to paragraph (1) there is line 28 still a need for additional long duration bulk energy storage line 29 projects, the Independent System Operator shall complete an line 30 additional competitive solicitation process for one or more long line 31 duration bulk energy storage projects that have an aggregate line 32 capacity of up to 2,000 megawatts and have targeted commercial line 33 operation dates of no later than January 1, 2045. line 34 (2) line 35 (3)  The Independent System Operator shall identify the line 36 commercial operation date and technical criteria for each long line 37 duration bulk energy storage project to ensure each selected line 38 resource provides the electrical grid with the fast ramping and line 39 flexible capacity necessary to support eligible renewable energy 97 SB 772 — 5 — line 1 resource integration, enhance grid reliability, and achieve line 2 California’s goals for reducing emissions of greenhouse gases. line 3 (3) line 4 (4)  The project or projects selected pursuant to this authority line 5 shall not be owned or operated by the Independent System line 6 Operator. line 7 (c)  The Independent System Operator’s competitive solicitation line 8 processes, authorized in subdivision (b), shall provide for cost line 9 recovery from load-serving entities within the Independent System line 10 Operator-controlled electrical grid at rates that the Independent line 11 System Operator determines are just and reasonable and that take line 12 into account the distribution of in a manner that allocates those line 13 costs among load-serving entities based on cost causation and the line 14 degree to which each load-serving entity contributes to the need line 15 for, or otherwise realizes the benefits from from, the long duration line 16 bulk energy storage. The Independent System Operator cost line 17 recovery mechanism shall collect the revenue requirement of any line 18 selected long duration bulk energy storage project through a line 19 cost-of-service, or similar, rate, net of revenues the project receives line 20 from participation in the Independent System Operator-supervised line 21 markets. line 22 (d)  (1)  To the extent that approval is required by federal law, line 23 the Independent System Operator shall implement this section line 24 subject to the approval of the Federal Energy Regulatory line 25 Commission. line 26 (2)  If the Federal Energy Regulatory Commission takes any line 27 action that would preempt or otherwise supersede the requirements line 28 of this section, seeks to impose an alternative market mechanism, line 29 expands eligibility to generation resources that consume fossil line 30 fuels, or takes any other action that materially affects California’s line 31 clean energy and climate laws, programs, or policies, the line 32 Independent System Operator shall immediately withdraw its filing line 33 with the Federal Energy Regulatory Commission and is not line 34 required to comply with this section. line 35 (e)  This section does not alter or affect the authority of the line 36 Independent System Operator or any state commission to adopt a line 37 different definition for long-term bulk energy storage for purposes line 38 of any other authority to procure long-term bulk energy storage. line 39 (f)  The provisions of this section are severable. If any provision line 40 of this section or its application is held invalid, that invalidity shall 97 — 6 — SB 772 line 1 not affect other provisions or applications that can be given effect line 2 without the invalid provision or application. line 3 SEC. 3. No reimbursement is required by this act pursuant to line 4 Section 6 of Article XIII B of the California Constitution because line 5 the only costs that may be incurred by a local agency or school line 6 district will be incurred because this act creates a new crime or line 7 infraction, eliminates a crime or infraction, or changes the penalty line 8 for a crime or infraction, within the meaning of Section 17556 of line 9 the Government Code, or changes the definition of a crime within line 10 the meaning of Section 6 of Article XIII B of the California line 11 Constitution. O 97 SB 772 — 7 —