Critics Object to California Governor's Energy Agency Consolidation Plan

May 11 - The San Diego Union-Tribune

The Schwarzenegger administration yesterday proposed the creation of a new Department of Energy with a cabinet-level secretary, drawing immediate criticism from consumer groups and Democratic legislators.

The reorganization would consolidate the Energy Commission and three lesser-known agencies and shift the siting of power lines and natural gas facilities from the Public Utilities Commission to the new department.

"For California to move forward it needs to have a consistent and consolidated view to speak with one voice on energy policy," said Joe Desmond, the Energy Commission chairman and point man on administration energy policy.

The Energy Commission, whose chairman would be the new energy secretary, would be consolidated with the little-used Power Authority, the Electricity Oversight Board that works with federal regulators and a Water Resources unit that bought power for the state during the energy crisis four years ago.

Desmond said the proposal to give energy policy cabinet-level status reflects meetings with energy stakeholder groups, who want a consolidated energy structure that preserves the current Energy Commission process for regulation.

Consumer groups and a spokesman for Democratic legislators, who said they were not consulted, criticized the plan that would shift power-line siting away from the consumer-oriented Public Utilities Commission.

Sempra Energy spokeswoman Jennifer Andrews said the parent firm of San Diego Gas & Electric could not comment because the utility had not been briefed on the plan.

Spokesman John Nelson of Pacific Gas & Electric, the state's largest utility, said he could not comment because PG&E analysts have not seen the proposal.

The executive director of a group that represents companies that sell power on the market said that shifting the siting of power lines to the agency that currently sites power plants makes sense.

"I think it's a fairly rational approach," Jan Smutny-Jones of the Independent Energy Producers said.

Desmond said the reorganization plan will be filed Thursday with an independent agency, the Little Hoover Commission, triggering a review process that could allow the plan to take effect in 90 days if the Legislature does not object.

Gov. Arnold Schwarzenegger, who vowed to "blow up the boxes" with a sweeping overhaul of state government, withdrew a proposal earlier this year to eliminate 88 boards and commissions after the plan drew widespread opposition.

The governor achieved a bipartisan success last month when he negotiated an agreement with Sen. Gloria Romero, D-Los Angeles, to give a renamed Department of Corrections and Rehabilitation more authority to push for reforms.

Desmond said the new plan does not follow the governor's California Performance Review, a little-used master plan for overhauling state government that would have replaced the Energy Commission with a broad infrastructure agency.

The main role of the Energy Commission, created by legislation signed by former Gov. Ronald Reagan in 1974, is the siting of power plants. The commission blocked SDG&E's proposal for a Sundesert nuclear power plant near Blythe in the 1970s.

Michael Shames, executive director of the Utility Consumers' Action Network, a San Diego consumer group, said the Public Utilities Commission in San Francisco was created to protect ratepayers from unfair costs.

Shames said the PUC recently blocked an SDG&E proposal for a new power line from San Diego to Riverside, saying it would not be cost effective. He said shifting the siting of power lines to an administration-controlled department may not provide the same protection for ratepayers.

"My guess is that their proposal will run into some constitutional roadblocks," Shames said.

Bob Finkelstein of a consumer group in San Francisco, The Utility Reform Network, said the state needs a "solid energy policy" from the governor, not a "mini-reorganization" plan.

A spokesman for Assembly Speaker Fabian Nunez, D-Los Angeles, whose analysts were not briefed on the plan until yesterday afternoon, said the proposal would not cut bureaucratic costs or generate more power.

"At first glance it looks to be a power grab of some sort taking away power from independent commissions, including the Public Utilities Commission," said Steve Maviglio, the speaker's deputy chief of staff.

Desmond said that the reorganization plan does not conflict with an initiative, expected to appear on the next statewide ballot, that repeals a flawed electricity deregulation plan that led to the energy crisis.

The initiative would allow utilities and private generators to compete for the low-cost construction of power plants. Businesses buying cheaper power on the market now could continue, but other businesses would have to buy from regulated utilities.

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