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PG&E CORP 10-K 2010 Documents found in this filing:UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
______________________________
FORM 10-K
Securities
registered pursuant to Section 12(b) of the Act:
Securities
registered pursuant to Section 12(g) of the Act: None
Indicate
by check mark if the registrant is a well-known seasoned issuer, as defined in
Rule 405 of the Securities Act:
Indicate
by check mark if the registrant is not required to file reports pursuant to
Section 13 or Section 15(d) of the Act:
Indicate
by check mark whether the registrant (1) has filed all reports required to
be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934
during the preceding 12 months (or for such shorter period that the
registrant was required to file such reports), and (2) has been subject to
such filing requirements for the past 90 days.
Indicate
by check mark whether the registrant has submitted electronically and posted on
its corporate Web site, if any, every Interactive Data File required to be
submitted and posted pursuant to Rule 405 of Regulation S-T
(§ 232.405 of this chapter) during the preceding 12 months (or for
such shorter period that the registrant was required to submit and post such
files).
Indicate
by check mark if disclosure of delinquent filers pursuant to Item 405 of
Regulation S-K is not contained herein, and will not be contained, to the
best of registrant's knowledge, in definitive proxy or information statements
incorporated by reference in Part III of this Form 10-K or any
amendment to this Form 10-K:
Indicate
by check mark whether the registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer, or a smaller reporting company (as
defined in Rule 12b-2 of the Exchange Act). (Check one):
Indicate
by check mark whether the registrant is a shell company (as defined in Rule
12b-2 of the Exchange Act).
Aggregate
market value of voting and non-voting common equity held by non-affiliates of
the registrants as of June 30, 2009, the last business day of the most
recently completed second fiscal quarter:
DOCUMENTS
INCORPORATED BY REFERENCE
Portions
of the documents listed below have been incorporated by reference into the
indicated parts of this report, as specified in the responses to the item
numbers involved:
TABLE
OF CONTENTS
iii
PG&E
Corporation, incorporated in California in 1995, is a holding company whose
primary purpose is to hold interests in energy-based
businesses. PG&E Corporation conducts its business principally
through Pacific Gas and Electric Company (“Utility”), a public utility operating
in northern and central California. The Utility engages in the
businesses of electricity and natural gas distribution; electricity generation,
procurement, and transmission; and natural gas procurement, transportation, and
storage. The Utility was incorporated in California in
1905. PG&E Corporation became the holding company of the Utility
and its subsidiaries on January 1, 1997.
The
Utility served approximately 5.1 million electricity distribution customers
and approximately 4.3 million natural gas distribution customers at
December 31, 2009. The Utility had approximately
$42.7 billion in assets at December 31, 2009 and generated revenues of
$13.4 billion in 2009. Its revenues are generated mainly through the
sale and delivery of electricity and natural gas. The Utility is
regulated primarily by the California Public Utilities Commission (“CPUC”) and
the Federal Energy Regulatory Commission (“FERC”). In addition, the
Nuclear Regulatory Commission (“NRC”) oversees the licensing, construction,
operation, and decommissioning of the Utility’s nuclear generation
facilities.
The
principal executive office of PG&E Corporation is located at One Market,
Spear Tower, Suite 2400, San Francisco, California 94105, and its telephone
number is (415) 267-7000. The principal executive office of the
Utility is located at 77 Beale Street, P.O. Box 770000, San Francisco,
California 94177, and its telephone number is
(415) 973-7000. PG&E Corporation and the Utility file or
furnish various reports with the Securities and Exchange Commission
(“SEC”). These reports, including Annual Reports on Form 10-K,
Quarterly Reports on Form 10-Q, Current Reports on Form 8-K, and any
amendments to those reports filed or furnished pursuant to Sections 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended, are available free of
charge on both PG&E Corporation's website, www.pgecorp.com, and the
Utility's website, www.pge.com, as
promptly as practicable after they are filed with, or furnished to, the SEC
. The information contained on these websites is not incorporated by
reference into this Annual Report on Form 10-K and should not be considered
part of this report.
At
December 31, 2009, PG&E Corporation and its subsidiaries had 19,425 regular
employees, including 19,401 regular employees of the Utility. Of the
Utility’s regular employees, 12,648 are covered by collective bargaining
agreements with three labor unions: the International Brotherhood of Electrical
Workers, Local 1245, AFL-CIO (“IBEW”); the Engineers and Scientists of
California, IFPTE Local 20, AFL-CIO and CLC (“ESC”); and the Service Employees
International Union, Local 24/7 (“SEIU”). One IBEW collective
bargaining agreement expires on December 31, 2010, and the other expires on
December 31, 2011. The ESC collective bargaining agreement
expires on December 31, 2011. The SEIU collective bargaining
agreement expires on July 31, 2012.
This
combined Annual Report on Form 10-K, including the information incorporated
by reference from the joint Annual Report to Shareholders for the year ended
December 31, 2009 (“2009 Annual Report”) and the Joint Proxy Statement relating
to the 2010 Annual Meetings of Shareholders, contains forward-looking statements
that are necessarily subject to various risks and
uncertainties. These statements are based on current estimates,
expectations and projections about future events, and assumptions regarding
these events and management's knowledge of facts as of the date of this
report. These forward-looking statements relate to, among other
matters, estimated capital expenditures, estimated Utility rate base, estimated
environmental remediation liabilities, estimated tax
liabilities, 1
the
anticipated outcome of various regulatory and legal proceedings, estimated
future cash flows, and the level of future equity or debt issuances, and are
also identified by words such as “assume,” “expect,” “intend,” “plan,”
“project,” “believe,” “estimate,” “target,” “predict,” “anticipate,” “aim, “
“may,” “might,” “should,” “would,” “could,” “goal,” “potential” and similar
expressions. PG&E Corporation and the Utility are not able to
predict all the factors that may affect future results. Some of the
factors that could cause future results to differ materially from those
expressed or implied by the forward-looking statements, or from historical
results, include, but are not limited to:
2
For more information about the significant risks that could affect the
outcome of these forward-looking statements and PG&E Corporation’s and the
Utility’s future financial condition and results of operations, see the
discussion under the heading “Risk Factors” that appears near the end of the
section entitled "Management's Discussion and Analysis of Financial Condition
and Results of Operations" (“MD&A”) in the 2009 Annual
Report. PG&E Corporation and the Utility do not undertake an
obligation to update forward-looking statements, whether in response to new
information, future events, or otherwise.
As a
public utility holding company, PG&E Corporation is subject to the
requirements of the Energy Policy Act of 2005 (“EPAct”), which became effective
on February 8, 2006. Among its key provisions, the EPAct repealed the
Public Utility Holding Company Act of 1935 and enacted the Public Utility
Holding Company Act of 2005 (“PUHCA 2005”). Under PUHCA 2005, public
utility holding companies fall principally under the regulatory oversight of the
FERC, an independent agency within the U.S. Department of
Energy. PG&E Corporation and its subsidiaries are exempt from all
requirements of PUHCA 2005 other than the obligation to provide access to their
books and records to the FERC and the CPUC for ratemaking
purposes. These books and records provisions are largely duplicative
of other provisions under the Federal Power Act of 1935 and state
law.
PG&E
Corporation is not a public utility under California law. The CPUC
has authorized the formation of public utility holding companies subject to
various conditions related to finance, human resources, records and bookkeeping,
and the transfer of customer information. The financial conditions
provide that:
3
The CPUC
also has adopted complex and detailed rules governing transactions between
California's electricity and gas utilities and certain of their
affiliates. The rules address the use of the utilities’ names and
logos by their affiliates, the separation of utilities and their affiliates,
provision of utility information to affiliates, and energy procurement-related
transactions between the utilities and their affiliates. The rules
also prohibit each utility from engaging in certain practices that would
discriminate against energy service providers that compete with that utility's
affiliates. In December 2006, the CPUC revised its rules to, among
other changes:
The CPUC
has established specific penalties and enforcement procedures for affiliate
rules violations. Utilities are required to self-report affiliate
rules violations.
Various
aspects of the Utility's business are subject to a complex set of energy,
environmental and other laws, regulations, and regulatory proceedings at the
federal, state, and local levels. In addition to enacting PUHCA 2005
to replace the Public Utility Holding Company Act of 1935, as discussed above,
the EPAct significantly amended various federal energy laws applicable to
electric and natural gas markets, including the Federal Power Act of 1935, the
Natural Gas Act of 1938, and the Public Utility Regulatory Policies Act of 1978
(“PURPA”).
This
section and the “Ratemaking Mechanisms” section below summarize some of the more
significant laws, regulations, and regulatory mechanisms affecting the
Utility. These summaries are not an exhaustive description of all the
laws, regulations, and regulatory proceedings that affect the
Utility. The energy laws, regulations, and regulatory proceedings may
change or be implemented or applied in a way that the Utility does not currently
anticipate. For discussion of specific pending regulatory proceedings
that are expected to affect the Utility, see the section of MD&A entitled
“Regulatory Matters” in the 2009 Annual Report.
The FERC
regulates the transmission and wholesale sales of electricity in interstate
commerce and the transmission and sale of natural gas for resale in interstate
commerce. The FERC also regulates interconnections of transmission
systems with other electric systems and generation facilities; tariffs and
conditions of service of regional transmission organizations, including the
CAISO; and the terms and rates of wholesale electricity sales. The
FERC has authority to impose penalties of up to $1,000,000 per day for violation
of certain federal statutes, including the Federal Power Act of 1935 and the
Natural Gas Act of 1938, and for violations of FERC-approved
regulations. The FERC has jurisdiction over the Utility's electricity
transmission revenue requirements and rates, the licensing of substantially all
of the Utility's hydroelectric generation facilities, and the interstate sale
and transportation of natural gas. 4
Electric Reliability Standards;
Development of Transmission Grid. The FERC has the
responsibility to approve and enforce mandatory standards governing the
reliability of the nation’s electricity transmission grid, including standards
to protect the nation’s bulk power system against potential disruptions from
cyber and physical security breaches; to prevent market manipulation, and to
supplement state transmission siting efforts in certain electric transmission
corridors that are determined to be of national interest. The FERC
certified the North American Electric Reliability Corporation (“NERC”) as the
nation’s Electric Reliability Organization under the EPAct of
2005. The NERC is responsible for developing and enforcing electric
reliability standards, subject to FERC approval. The FERC also has
approved a delegation agreement under which the NERC has delegated enforcement
authority for the geographic area known as the Western Interconnection to the
Western Electricity Coordinating Council (“WECC”). The Utility must
self-certify compliance to the WECC on an annual basis, and the compliance
program encourages self-reporting of violations. WECC staff, with
participation by the NERC and the FERC, will also perform a regular compliance
audit of the Utility every three years. In addition, the WECC and the
NERC may perform spot checks or other interim audits, reports, or
investigations. Under FERC authority, the WECC, NERC, and/or FERC may
impose penalties up to $1,000,000 per day per violation.
The FERC
also has issued rules on electric transmission pricing reforms designed to
promote needed investment in energy infrastructure, to reduce transmission
congestion, and to require transmission organizations with organized electricity
markets to make long-term firm transmission rights available to load-serving
entities, so these entities can enter into long-term transmission service
arrangements without being exposed to unhedged congestion cost
risk. In addition, pursuant to FERC orders, the CAISO is responsible
for providing open access electricity transmission service on a
non-discriminatory basis, planning transmission system additions, and ensuring
the maintenance of adequate reserves of generation capacity.
Prevention of Market
Manipulation. The FERC has broad authority to police and
penalize the exercise of market power or behavior intended to manipulate prices
paid in FERC-jurisdictional transactions. The FERC has adopted rules
to prohibit market manipulation, modeling its new rules on SEC Rule 10b-5, which
prohibits fraud and manipulation in the purchase or sale of
securities. Under the FERC's new regulations, it is unlawful for any
entity, directly or indirectly, in connection with the purchase or sale of
natural gas, electric energy, or transportation/transmission services subject to
the jurisdiction of the FERC (1) to use or employ any device, scheme, or
artifice to defraud, (2) to make any untrue statement of a material fact or to
omit to state a material fact necessary in order to make the statements made, in
the light of the circumstances under which they were made, not misleading, or
(3) to engage in any act, practice, or course of business that operates or would
operate as a fraud or deceit upon any person.
QF Regulation. Under PURPA,
electric utilities are required to purchase energy and capacity from independent
power producers that are qualifying cogeneration facilities
(“QFs”). To implement the purchase requirements of PURPA, the CPUC
required California investor-owned electric utilities to enter into long-term
power purchase agreements with QFs and approved the applicable terms,
conditions, prices, and eligibility requirements. The EPAct
significantly amended the purchase requirements of PURPA. As amended,
Section 210(m) of PURPA authorizes the FERC to waive the obligation of an
electric utility under Section 210 of PURPA to purchase the electricity offered
to it by a QF (under a new contract or obligation), if the FERC finds that the
QF has nondiscriminatory access to one of three defined categories of
competitive wholesale electricity markets. The statute permits such
waivers as to a particular QF or on a “service territory-wide
basis.” The Utility is assessing whether it will file a request with
the FERC to terminate its obligations under PURPA to enter into new QF purchase
obligations.
The NRC
oversees the licensing, construction, operation and decommissioning of nuclear
facilities, including the two nuclear generating units at Diablo Canyon and the
Utility’s retired nuclear generating unit at Humboldt Bay (“Humboldt Bay Unit
3”). NRC regulations require extensive monitoring and review of the
safety, radiological, environmental, and security aspects of these
facilities. In the event of non-compliance, the NRC has the authority
to impose fines or to force a shutdown of a nuclear plant, or both. NRC safety
and security 5
requirements
have, in the past, necessitated substantial capital expenditures at Diablo
Canyon, and additional significant capital expenditures could be required in the
future.
In
addition, as required by NRC regulations, only certain key management personnel
and other designated individuals may receive information from the NRC or other
government agency relating to Diablo Canyon that is deemed to be classified by
the governmental agency. In connection with this requirement, the
Board of Directors of PG&E Corporation has adopted a resolution
acknowledging that neither PG&E Corporation nor any director or officer of
PG&E Corporation will (1) have access to such classified information or
special nuclear material in the custody of the Utility, or (2) participate in
any decision or matter pertaining to the protection of classified information
and/or special nuclear material in the custody of the Utility.
California Legislature. The
Utility’s operations have been significantly affected by statutes passed by the
California legislature, including laws related to electric industry
restructuring, the 2000-2001 California energy crisis, electric resource
adequacy, renewable energy resources, power plant siting and permitting, and
greenhouse gas (“GHG”) emissions and other environmental matters.
The CPUC. The CPUC consists of five
members appointed by the Governor of California and confirmed by the California
State Senate for staggered six-year terms. The CPUC has jurisdiction
to set the rates, terms, and conditions of service for the Utility's electricity
distribution, electricity generation, natural gas distribution, and natural gas
transportation and storage services in California. The CPUC also has
jurisdiction over the Utility's issuances of securities, dispositions of utility
assets and facilities, energy purchases on behalf of the Utility's electricity
and natural gas retail customers, rate of return, rates of depreciation, aspects
of the siting and operation of natural gas transportation assets, oversight of
nuclear decommissioning, and aspects of the siting of the electricity
transmission system. Ratemaking for retail sales from the Utility's
generation facilities is under the jurisdiction of the CPUC. To the
extent that this electricity is sold for resale into wholesale markets, however,
it is under the ratemaking jurisdiction of the FERC. In addition, the
CPUC has general jurisdiction over most of the Utility’s operations, and
regularly reviews the Utility’s performance, using measures such as the
frequency and duration of outages. The CPUC also conducts
investigations into various matters, such as deregulation, competition, and the
environment, in order to determine its future policies.
PG&E
Corporation and the Utility entered into a settlement agreement with the CPUC on
December 19, 2003, to resolve the Utility's proceeding filed under Chapter 11 of
the U.S. Bankruptcy Code that had been pending in the U.S. Bankruptcy Court for
the Northern District of California (“Bankruptcy Court”) since April 2001,
referred to as the Chapter 11 Settlement Agreement. The nine-year
Chapter 11 Settlement Agreement established certain regulatory assets and
addressed various ratemaking matters to restore the Utility’s financial health
and enable it to emerge from Chapter 11. The terms of the
Chapter 11 Settlement Agreement were incorporated into the Utility’s plan of
reorganization under Chapter 11, which became effective on April 12,
2004. The Bankruptcy Court retains jurisdiction to hear and determine
disputes arising in connection with the interpretation, implementation, or
enforcement of the Chapter 11 Settlement Agreement, in addition to other
matters. (For more information, see Note 14 of the Notes to the Consolidated
Financial Statements included in the 2009 Annual Report.)
The
California Energy Resources Conservation and Development Commission, commonly
called the California Energy Commission (“CEC”), is the state's primary energy
policy and planning agency. The CEC is responsible for licensing of
all thermal power plants over 50 MW; overseeing funding programs that support
public interest energy research; advancing energy science and technology through
research, development and demonstration; and providing market support to
existing, new, and emerging renewable technologies. In addition, the
CEC is responsible for forecasting future energy needs used by the CPUC in
determining the adequacy of the utilities' electricity procurement
plans. 6
The
Utility obtains permits, authorizations, and licenses in connection with the
construction and operation of the Utility's generation facilities, electricity
transmission lines, natural gas transportation pipelines, and gas compressor
station facilities. Discharge permits, various Air Pollution Control
District permits, U.S. Department of Agriculture-Forest Service permits, FERC
hydroelectric generation facility and transmission line licenses, and NRC
licenses are some of the more significant examples. Some licenses and
permits may be revoked or modified by the granting agency if facts develop or
events occur that differ significantly from the facts and projections assumed in
granting the approval. Furthermore, discharge permits and other
approvals and licenses are granted for a term less than the expected life of the
associated facility. Licenses and permits may require periodic
renewal, which may result in additional requirements being imposed by the
granting agency. (For more information, see “Environmental Matters —
Water Quality” below.) In addition, the Utility must comply with
regulations to be issued by the California Air Resources Board (“CARB”) relating
to GHG emissions. (For more information see “Environmental Matters —
Air Quality and Climate Change” below.)
The
Utility has over 520 franchise agreements with various cities and counties that
permit the Utility to install, operate, and maintain the Utility's electric and
natural gas facilities in the public streets and roads. In exchange
for the right to use public streets and roads, the Utility pays annual fees to
the cities and counties. Franchise fees are computed pursuant to
statute under either the Broughton Act or the Franchise Act of
1937. In addition, charter cities can negotiate their
fees. In most cases, the Utility’s franchise agreements are for an
indeterminate term, with no expiration date. The Utility has several
franchise agreements that have a specified term, including an agreement with a
large charter city. The franchise agreements generally require that
the Utility install and maintain the electric and gas facilities in compliance
with regulations adopted by cities and counties in the exercise of their police
powers relating to the use of the public streets. The Utility also
periodically obtains permits, authorizations, and licenses in connection with
distribution of electricity and natural gas. Under these permits,
authorizations, and licenses, the Utility has rights to occupy and/or use public
property for the operation of the Utility's business and to conduct certain
related operations.
Historically,
energy utilities operated as regulated monopolies within service territories in
which they were essentially the sole suppliers of natural gas and electricity
services. These utilities owned and operated all of the businesses
and facilities necessary to generate, transport, and distribute
energy. Services were priced on a combined, or bundled, basis, with
rates charged by the energy companies designed to include all the costs of
providing these services. Under traditional cost-of-service
regulation, the utilities undertook a continuing obligation to serve their
customers, in return for which the utilities were authorized to charge regulated
rates sufficient to recover their costs of service, including timely recovery of
their operating expenses and a reasonable return on their invested
capital. The objective of this regulatory policy was to provide
universal access to safe and reliable utility services. Regulation
was designed in part to take the place of competition and ensure that these
services were provided at fair prices.
In recent
years, energy utilities have faced intensifying pressures to unbundle, or price
separately, those services that are no longer considered natural
monopolies. The most significant of these services are the commodity
components—the supply of electricity and natural gas. The driving
forces behind these competitive pressures have been customers who believe that
they can obtain energy at lower unit prices and competitors who want access to
those customers. Regulators and legislators responded to these forces
by providing for more competition in the energy industry. Regulators
and legislators, to varying degrees, have required utilities to unbundle rates
in order to allow customers to compare unit prices of the utilities and other
providers when selecting their energy service provider.
Federal. At the
federal level, many provisions of the EPAct support the development of
competition in the wholesale electric market. The EPAct has directed
the FERC to develop rules to encourage fair and efficient competitive markets by
employing best practices in market rules and reducing barriers to trade between
markets and 7
among
regions. The EPAct also gives the FERC authority to prevent
accumulation and exercise of market power by assuring that proposed mergers and
acquisitions of public utility companies and their holding companies are in the
public interest and by addressing market power in jurisdictional wholesale
markets through its new powers to establish and enforce rules prohibiting market
manipulation.
Even
before the passage of the EPAct, the FERC's policies supported the development
of a competitive electricity generation industry. FERC Order 888,
issued in 1996, established standard terms and conditions for parties seeking
access to regulated utilities' transmission grids. Order 888 requires
all public utilities that own, control, or operate facilities used for
transmitting electric energy in interstate commerce to have on file an open
access non-discriminatory transmission tariff (“OATT”) that contains minimum
terms and conditions of non-discriminatory service. The FERC's
subsequent Order 2000, issued in late 1999, established national standards for
regional transmission organizations, and advanced the view that a regulated
unbundled transmission sector should facilitate competition in both wholesale
electricity generation and retail electricity markets. On February
16, 2007, the FERC issued Order 890, which is designed to: (1) strengthen the
form of the OATT adopted in Order 888 to ensure that tariffs achieve their
original purpose of remedying undue discrimination; (2) provide greater
specificity in the form of the OATT to reduce opportunities for undue
discrimination and facilitate the FERC’s enforcement; and (3) increase
transparency in the rules applicable to planning and use of the transmission
system.
The FERC
also has issued rules on the interconnection of generators to require regulated
transmission providers, such as the Utility or the CAISO, to use standard
interconnection procedures and a standard agreement for generator
interconnections. These rules are intended to limit opportunities for
transmission providers to favor their own generation, facilitate market entry
for generation competitors by streamlining and standardizing interconnection
procedures, and encourage needed investment in generation and
transmission. Under the rules and associated tariffs, a new generator
is required to pay for the transmission system upgrades needed in order to
interconnect the generator. The generator will be reimbursed over a
five-year period after the power plant achieves commercial
operation. The cost of the network upgrades is then recovered by the
regulated transmission provider in its overall transmission rates.
State. At the
state level, California Assembly Bill 1890, enacted in 1996, mandated the
restructuring of the California electricity industry beginning in 1998 to allow
customers of the California investor-owned electric utilities to purchase energy
from a service provider other than the regulated utilities (the ability to
choose an energy provider is referred to as “direct
access”). Assembly Bill 1890 established a market framework for
electricity generation in which generators and other electricity providers were
permitted to charge market-based prices for wholesale electricity through
transactions conducted through the Power Exchange (“PX”). Following
the 2000-2001 California energy crisis, the PX filed a petition for bankruptcy
protection and now operates solely to reconcile remaining refund amounts owed
and to make compliance filings as required by the FERC in the California refund
proceeding, which is still pending at the FERC. (For information
about the status of the California refund proceeding and the remaining disputed
claims made by power suppliers in the Utility’s Chapter 11 proceeding, see Note
14 of the Notes to the Consolidated Financial Statements in the 2009 Annual
Report.)
California
Assembly Bill 1X authorized the California Department of Water Resources
(“DWR”), beginning in February 1, 2001, to purchase electricity and sell that
electricity directly to the utilities' retail customers. Assembly
Bill 1X requires the utilities to deliver electricity purchased by the DWR under
the contracts and to act as the DWR’s billing and collection
agent. To ensure that the DWR recovers the costs that it incurs under
its power purchase contracts, the CPUC suspended direct access on
September 20, 2001, but allowed existing direct access customers to
continue being served by alternative energy service
providers. California Senate Bill 695, enacted on October 11, 2009,
requires the CPUC to adopt and implement a schedule by April 11, 2010 to reopen
direct access on a gradual basis over a period of not less than three years and
not more than five years. The statute imposes an annual limit on the
amount of electricity that can be purchased by direct access customers of a
particular utility. The annual limit for each utility is increased
each year until it reaches an amount equal to each utility’s historical maximum
amount of energy provided by other service providers in that utility’s service
territory during any one-year period. Further legislative action is
required to exceed these limits.
Assembly
Bill 1890 also provided for the establishment of the CAISO, as a nonprofit
public benefit corporation, to operate and control the state-wide electricity
transmission grid and ensure efficient use and reliable operation of the
transmission grid. On April 1, 2009, the CAISO implemented new
day-ahead, hour-ahead, and 8
real-time
wholesale electricity markets subject to bid caps that increase over time, as
part of the implementation of the CAISO’s Market Redesign and Technology Upgrade
initiative (“MRTU”). Market participants, including load-serving
entities like the Utility, are permitted to hedge the financial risk of
CAISO-imposed congestion charges in the MRTU day-ahead market by acquiring
congestion revenue rights. Also, in January 2008, the CPUC staff
issued its recommendation to establish a statewide wholesale electric capacity
market to replace the current resource adequacy program. Any changes
that the CPUC adopts would be subject to FERC approval. On October
29, 2009, the CPUC opened a new rulemaking proceeding to continue oversight of
the current resource adequacy program, consider program refinements, and
establish annual local procurement obligations.
In
addition, the Utility’s customers may, under certain circumstances, obtain power
from a “community choice aggregator” instead of from the
Utility. California Assembly Bill 117, enacted in 2002, permits
cities and counties to purchase and sell electricity for their local residents
and businesses once they have registered as community choice
aggregators. Under Assembly Bill 117, the Utility would continue to
provide distribution, metering, and billing services to the community choice
aggregators' customers and would be those customers' electricity provider of
last resort. Assembly Bill 117 provides that a community choice
aggregator can procure electricity for all of its residents who do not
affirmatively elect to continue to receive electricity from the
Utility. The CPUC has adopted rules to implement community choice
aggregation, including the imposition of a surcharge on retail end-users of the
community choice aggregator to prevent a shifting of costs to customers of a
utility who receive bundled services and allowing a community choice aggregator
to start service in phases. Assembly Bill 117 also authorized the
Utility to recover from each community choice aggregator any costs of
implementing the program that are reasonably attributable to the community
choice aggregator, and to recover from customers any costs of implementing the
program not reasonably attributable to a community choice
aggregator.
FERC
Order 636, issued in 1992, required interstate natural gas pipeline companies to
divide their services into separate gas commodity sales, transportation, and
storage services. Under Order 636, interstate natural gas pipeline
companies must provide transportation service whether or not the customer (often
a local gas distribution company) buys the natural gas commodity from these
companies. The Utility’s natural gas pipelines are located within the
State of California and are exempt from the FERC’s rules and regulations
applicable to interstate pipelines; the Utility’s pipeline operations are
instead subject to the jurisdiction of the CPUC.
The
Utility’s gas transmission and storage system has operated under the
CPUC-approved “Gas Accord” market structure since 1998. This market
structure largely mimics the regulatory framework required by the FERC for
interstate gas pipelines. The CPUC divides the Utility's natural gas
customers into two categories: “core” customers, which are primarily small
commercial and residential customers, and “non-core” customers, which are
primarily industrial, large commercial, and electric generation
customers. Under the Gas Accord structure, non-core customers have
access to capacity rights for firm service, as well as interruptible (or
“as-available”) services. All services are offered on a
nondiscriminatory basis to any creditworthy customer. The Gas Accord
market structure has resulted in a robust wholesale gas commodity market at the
Utility’s “citygate,” which refers to the interconnection between the big
“backbone” gas transmission system and the smaller downstream local transmission
systems.
The Gas
Accord separated the Utility’s natural gas transmission and storage rates from
its distribution services and rates. The Gas Accord also changed the
nature of the Utility’s transmission and storage services by creating
path-specific transmission services, firm and interruptible service offerings,
standard and negotiated rate options, and a secondary market for trading of firm
capacity rights. Additionally, the Gas Accord eliminated balancing
account protection for some services, increasing the Utility’s risk/reward
potential. The Utility’s first Gas Accord, a settlement agreement
reached among the Utility and many interested parties, was approved by the CPUC
in 1997, took effect on March 1, 1998, and was renewed, with slight
modifications, for various successive periods. In September 2007, the
CPUC approved the Gas Accord IV covering 2008 through 2010. In September 2009,
the Utility filed an application with the CPUC to continue a majority of the Gas
Accord IV’s terms and conditions for the Utility’s natural gas transportation
and storage services from 2011 through 2014.
The
Utility competes with other natural gas pipeline companies for customers
transporting natural gas into the southern California market on the basis of
transportation rates, access to competitively priced supplies of
natural 9
gas, and
the quality and reliability of transportation services. The most important
competitive factor affecting the Utility's market share for transportation of
natural gas to the southern California market is the total delivered cost of
western Canadian natural gas relative to the total delivered cost of natural gas
from the southwestern United States. The total delivered cost of natural gas
includes, in addition to the commodity cost, transportation costs on all
pipelines that are used to deliver the natural gas, which, in the Utility's
case, includes the cost of transportation of the natural gas from Canada to the
California border and the amount that the Utility charges for transportation
from the border to southern California. In general, when the total cost of
western Canadian natural gas increases relative to other competing natural gas
sources, the Utility's market share of transportation services into southern
California decreases. The Utility also competes for storage services
with other third-party storage providers, primarily in northern
California.
PG&E
Corporation, through its subsidiary, PG&E Strategic Capital, Inc., along
with Fort Chicago Energy Partners, L.P. and Williams Gas Pipeline Company, LLC,
have been jointly pursuing the development of a new 234-mile interstate gas
transmission pipeline that would increase natural gas supplies for the West
Coast region of the United States. The proposed Pacific Connector Gas Pipeline,
together with the proposed Jordan Cove liquefied natural gas (“LNG”) terminal in
Coos Bay, Oregon, being developed by Fort Chicago Energy Partners, L.P., as lead
investor, would open growing West Coast natural gas markets to diverse worldwide
natural gas supply sources, providing additional alternatives to traditional
Canadian, Southwest, and Rocky Mountain supplies and increasing supply options
and reliability. The proposed Pacific Connector Gas Pipeline would be capable of
delivering 1 Bcf per day. On December 17, 2009, the FERC issued an order to
authorize construction and operation of the LNG terminal and the Pacific
Connector Gas Pipeline.
The
development and construction of the Pacific Connector Gas Pipeline and the
proposed LNG terminal are subject to obtaining all remaining required federal,
state and local permits and authorizations, as well as commitments under
long-term capacity contracts of sufficient volumes to justify moving forward
with construction of the terminal and the pipeline. Assuming these
are obtained and other conditions are timely satisfied, the proposed Pacific
Connector Gas Pipeline and LNG terminal could begin commercial operation by late
2014. However, PG&E Corporation cannot predict whether such
conditions will be met and whether the construction of the proposed LNG terminal
and associated pipeline will occur.
The
Utility’s rates for electricity and natural gas utility services are based on
its costs of providing service (“cost-of-service ratemaking”). Before
setting rates, the CPUC and the FERC determine the annual amount of revenue
(“revenue requirements”) that the Utility is authorized to collect from its
customers. The CPUC determines the Utility’s revenue requirements
associated with electricity and gas distribution operations, electricity
generation, and natural gas transportation and storage. The FERC
determines the Utility’s revenue requirements associated with its electricity
transmission operations.
Revenue
requirements are designed to allow a utility an opportunity to recover its
reasonable operating and capital costs of providing utility services as well as
a return of, and a fair rate of return on, its investment in utility facilities
(“rate base”). Revenue requirements are primarily determined based on
the Utility’s forecast of future costs. These costs include the
Utility’s costs of electricity and natural gas purchased for its customers,
operating expenses, administrative and general expenses, depreciation, taxes,
and public purpose programs.
Regulatory
balancing accounts are used to adjust the Utility’s revenue
requirements. Sales balancing accounts track differences between the
Utility’s recorded revenues and its authorized revenue requirements, due
primarily to sales fluctuations. In general, electricity sales are
higher in the summer months and natural gas sales are higher in the winter
months. Cost balancing accounts track differences between the
Utility’s incurred costs and its authorized revenue requirements, most
importantly for energy commodity costs and volumes that can be affected by
seasonal demand, weather, and other factors. Balances in all
CPUC-authorized accounts are subject to review, verification audit, and
adjustment, if necessary, by the CPUC. 10
To
develop retail rates, the revenue requirements are allocated among customer
classes (mainly residential, commercial, industrial, and agricultural) and to
various service components (mainly customer, demand, and
energy). Specific rate components are designed to produce the
required revenue. Rate changes become effective prospectively on or
after the date of CPUC or FERC decisions. Most rate changes approved
by the CPUC throughout the year are consolidated to take effect on the first day
of the following year.
Through
cost-of-service ratemaking, rates are developed to produce the revenue
requirements, including the authorized return on rate base. The
Utility may be unable to earn its authorized rate of return because the CPUC or
the FERC excludes some of the Utility’s actual costs from the revenue
requirements or because the Utility’s actual costs are higher than those
reflected in the revenue requirements.
While the
CPUC generally uses cost-of-service ratemaking to develop revenue requirements
and rates, it selectively uses incentive ratemaking, which bases rates on the
extent to which the utilities meet objective or fixed standards or goals, such
as reliability standards or energy efficiency goals, instead of on the cost of
providing service.
The
General Rate Case (“GRC”) is the primary proceeding in which the CPUC determines
the amount of revenue requirements that the Utility is authorized to collect
from customers to recover the Utility’s basic business and operational costs
related to its electricity and natural gas distribution and electricity
generation operations. The CPUC generally conducts a GRC every three
years. The CPUC sets revenue requirement levels for a three-year rate
period based on a forecast of costs for the first or “test”
year. Typical interveners in the Utility's GRC include the CPUC’s
Division of Ratepayer Advocates and The Utility Reform Network. On
March 15, 2007, the CPUC approved a multi-party settlement agreement to resolve
the Utility’s 2007 GRC. The decision set the Utility’s electricity
and natural gas distribution and electricity generation revenue requirements for
a four-year period, from 2007 through 2010, rather than for a typical three-year
period. On December 21, 2009, the Utility filed its application for
the next GRC to establish revenue requirements for 2011 through
2013. For more information, see the section of MD&A entitled
“Regulatory Matters” in the 2009 Annual Report.
The CPUC
may authorize the Utility to receive annual increases for the years between GRCs
in the base revenues authorized for the test year of a GRC in order to avoid a
reduction in earnings in those years due to, among other things, inflation and
increases in invested capital. These adjustments are known as attrition rate
adjustments. Attrition rate adjustments provide increases in the revenue
requirements that the Utility is authorized to collect in rates for electricity
and natural gas distribution and electricity generation
operations. The CPUC’s decision in the Utility’s 2007 GRC provided
for attrition adjustments for 2008, 2009, and 2010. For more
information, see the section of MD&A entitled “Results of Operations” in the
2009 Annual Report.
Cost
of Capital Proceedings
The CPUC
authorizes the Utility's capital structure (i.e., the relative weightings of
common equity, preferred equity, and debt) and the authorized rates of return on
each component that the Utility may earn on its electricity and natural gas
distribution and electricity generation assets. The current
authorized capital structure, consisting of 52% equity, 46% long-term debt, and
2% preferred stock, will be maintained through 2012 unless the automatic
adjustment mechanism described below is triggered. The Utility’s
current authorized rates of return that the Utility may earn on its electricity
and natural gas distribution and electricity generation rate base are 6.05% for
long-term debt, 5.68% for preferred stock, and 11.35% for common equity,
resulting in an overall rate of return on rate base of 8.79%. The
CPUC has authorized the Utility to maintain these rates through
2010.
The
CPUC’s cost of capital mechanism uses an interest rate index (the 12-month
October through September average of the Moody's Investors Service utility bond
index) to trigger changes in the authorized cost of 11
debt,
preferred stock, and equity. In any year in which the 12-month
October through September average for the index increases or decreases by more
than 100 basis points (“deadband”) from the benchmark, the cost of equity will
be adjusted by one-half of the difference between the 12-month average and the
benchmark. In addition, if the mechanism is triggered, the costs of
long-term debt and preferred stock will be adjusted to reflect the actual August
month-end embedded costs in that year and forecasted interest rates for variable
long-term debt and any new long-term debt and preferred stock forecasted to be
issued in the coming year. The Utility may apply for an adjustment to
either the cost of capital or the capital structure sooner based on
extraordinary circumstances. The Utility’s next full cost of capital
application must be filed by April 20, 2012, so that any resulting changes would
become effective on January 1, 2013.
Although
the FERC has authority to set the Utility’s rate of return for its electricity
transmission operations, the rate of return is often unspecified if the
Utility's transmission rates are determined through a negotiated rate
settlement.
The CPUC
sets and periodically revises a baseline allowance for the Utility's residential
gas and electricity customers. A customer's baseline allowance is the amount of
its monthly usage that is covered under the lowest possible natural gas or
electric rate. Natural gas or electricity usage in excess of the baseline
allowance is covered by higher rates that increase with usage.
Each
California investor-owned electric utility is responsible for procuring
electricity to meet customer demand, plus applicable reserve margins, not
satisfied from that utility's own generation facilities and existing electricity
contracts (including DWR contracts allocated to the Utility under Assembly Bill
1X). To accomplish this, each utility must submit a long-term
procurement plan covering a 10-year period to the CPUC for
approval. Each long-term procurement plan must be designed to reduce
GHG emissions and use the State of California’s preferred loading order to meet
forecasted demand (i.e., increases in future demand will be offset through
energy efficiency programs, demand response programs, renewable generation
resources, distributed generation resources, and new conventional
generation). In December 2007, the CPUC approved the utilities’
long-term electricity procurement plans, covering 2007 through 2016, subject to
certain required modifications. California legislation, Assembly Bill
57, allows the utilities to recover the costs incurred in compliance with their
CPUC-approved procurement plans without further after-the-fact reasonableness
review. Each utility may, if appropriate, conduct a competitive
request for offers (“RFO”) within the parameters permitted in its approved plan
to meet the utility’s projected need for electricity
resources. Contracts that are entered into after the RFO process are
submitted to the CPUC for approval, along with a request for the CPUC to
authorize revenue requirements to recover the associated costs. The
utilities conduct separate competitive solicitations to meet their renewable
energy resource requirements. The utilities submit the renewable energy
contracts after the conclusion of these solicitations to the CPUC for approval
and authorization of the associated revenue requirements. For more
information about the Utility’s approved long-term procurement plan covering
2007 through 2016, see “Electric Utility Operations — Electricity Resources —
Future Long-Term Generation Resources” below.
The
Utility recovers its electricity procurement costs and the fuel costs for the
Utility’s own generation facilities (but excluding the costs of electricity
allocated to the Utility’s customers under DWR contracts) through the Energy
Resource Recovery Account (“ERRA”), a balancing account authorized by the CPUC
in accordance with Assembly Bill 57. The ERRA tracks the difference
between the authorized revenue requirement and actual costs incurred under the
Utility's authorized procurement plans and contracts. To determine
the authorized revenue requirement recorded in the ERRA, each year the CPUC
reviews the Utility’s forecasted costs under power purchase agreements and fuel
costs. Although California legislation requiring the CPUC to adjust a
utility’s retail electricity rates when the forecast aggregate over-collections
or under-collections in the ERRA exceed 5% of a utility's prior year electricity
procurement revenues (excluding amounts collected for the DWR contracts) expired
on January 1, 2006, the 12
CPUC has
extended this mandatory rate adjustment mechanism for the length of a utility’s
resource commitment or 10 years, whichever is longer. The CPUC also
performs compliance reviews of the procurement activities recorded in the ERRA
to ensure that the Utility’s procurement activities are in compliance with its
approved procurement plans. The Chapter 11 Settlement Agreement also provides
that the Utility will recover its reasonable costs of providing utility service,
including power purchase costs.
The CPUC
has approved various power purchase agreements that the Utility has entered into
with third parties in accordance with the Utility’s CPUC-approved long-term
procurement plan and to meet renewable energy and resource adequacy
requirements. The CPUC also authorized the Utility to recover fixed
and variable costs associated with these contracts through the
ERRA.
For new
non-renewable generation purchased from third parties under power purchase
agreements, the Utility may elect to recover any above-market costs through
either (1) the imposition of a non-bypassable charge on bundled and departing
customers only, or (2) the allocation of the “net capacity costs” (i.e.,
contract price less energy revenues) to all “benefiting customers” in the
utilities’ service territory, including existing direct access customers and
community choice aggregation customers. (For information about the
status of direct access and community choice aggregation, see the section above
entitled “Competition in the Electricity Industry.”)
The
non-bypassable charge can be imposed from the date of signing a power purchase
agreement and can last for 10 years from the date the new generation unit comes
on line or for the term of the contract, whichever is less. Utilities
are allowed to justify a cost recovery period longer than 10 years on a
case-by-case basis. If a utility elects to use the net capacity cost
allocation method, the net capacity costs are allocated for the term of the
contract or 10 years, whichever is shorter, starting on the date the new
generation unit comes on line. Under this allocation mechanism, the
energy rights to the contract are auctioned off to maximize the energy revenues
and minimize the net capacity costs subject to allocation. If no bids
are accepted for the energy rights, the Utility would retain the rights to the
energy and would value it at market prices for the purposes of determining the
net capacity costs to be allocated until the next periodic auction.
California
Senate Bill 695, enacted on October 11, 2009, also includes a mechanism for
recovery of above-market costs from direct access and community choice
aggregation customers. The CPUC has not yet implemented this portion
of Senate Bill 695.
The
CPUC-authorized revenue requirements for capital costs and non-fuel operating
and maintenance costs for operating Utility-owned generation facilities are
addressed in the Utility’s GRC. The CPUC-authorized revenue
requirements to recover the initial capital costs for utility-owned generation
projects are recovered through a balancing account, the Utility Generation
Balancing Account (“UGBA”), which tracks the difference between the
CPUC-approved forecast of initial capital costs, adjusted from time to time as
permitted by the CPUC, and actual costs. The initial revenue
requirement for Utility-owned projects generally would begin to accrue in the
UGBA as of the new facility’s commercial operation date or the date a completed
facility is transferred to the Utility, and would be included in rates on
January 1 of the following year. For more information, see the
section of MD&A entitled “Capital Expenditures — Proposed New Generation
Facilities” in the 2009 Annual Report.
During
the 2000-2001 California energy crisis, the DWR entered into long-term contracts
to purchase electricity from third parties. The electricity provided
under these contracts has been allocated to the electric customers of the three
California investor-owned electric utilities. The DWR pays for its
costs of purchasing electricity from a revenue requirement collected from these
customers through a rate component called the DWR “power charge.” The
rates that these customers pay also include a “bond charge” to pay a share of
the DWR’s revenue requirements to recover costs associated with the DWR's $11.3
billion bond offering completed in November 2002. The proceeds of
this bond offering were used to repay the State of California and lenders to the
DWR for electricity purchases made before the implementation of the DWR's
revenue requirement and to provide
13
the DWR
with funds to make its electricity purchases. The Utility acts as a
billing and collection agent for the DWR for these amounts; however, amounts
collected for the DWR and any adjustments are not included in the Utility's
revenues.
The
Utility's electricity transmission revenue requirements and its wholesale and
retail transmission rates are subject to authorization by the FERC. The Utility
has two main sources of transmission revenues (1) charges under the Utility's
transmission owner tariff, and (2) charges under specific contracts with
wholesale transmission customers that the Utility entered into before the CAISO
began its operations in March 1998. These wholesale customers are
referred to as existing transmission contract customers and are charged
individualized rates based on the terms of their contracts. Other
customers pay transmission rates that are established by the FERC in the
Utility's transmission owner tariff rate cases. These FERC-approved
rates are included by the CPUC in the Utility's retail electric rates,
consistent with the federal filed rate doctrine, and are collected from retail
electric customers receiving bundled service.
The
primary FERC ratemaking proceeding to determine the amount of revenue
requirements that the Utility is authorized to recover for its electric
transmission costs and to earn its return on equity is the transmission owner
rate case (“TO rate case”). The Utility generally files a TO rate
case every year, setting rates for a one-year period. The Utility is
typically able to charge new rates, subject to refund, before the outcome of the
FERC ratemaking review process. For more information about the
Utility’s TO rate cases, see the section of MD&A entitled “Regulatory
Matters — Electric Transmission Owner Rate Cases” in the 2009 Annual
Report.
The
Utility's transmission owner tariff includes two rate components. The
primary component consists of base transmission rates intended to recover the
Utility's operating and maintenance expenses, depreciation and amortization
expenses, interest expense, tax expense, and return on equity. The
Utility derives the majority of the Utility's transmission revenue from base
transmission rates.
The other
component consists of rates intended to reflect credits and charges from the
CAISO. The CAISO credits the Utility for transmission revenues
received by the CAISO. These revenues include:
These
revenues are adjusted by the shortfall or surplus resulting from any cost
differences between the amount that the Utility is entitled to receive from
existing transmission contract customers under specific contracts and the amount
that the Utility is entitled to receive or be charged for scheduling services
under the CAISO’s rules and protocols.
The CAISO
also charges the Utility for reliability service costs and imposes a
transmission access charge on the Utility for the use of the CAISO-controlled
electric transmission grid in serving its customers. The CAISO's
transmission access charge methodology, approved by the FERC in December 2004,
provided for a transition over a 10-year period, from 2001 to2010, to a uniform
statewide high-voltage transmission rate. This rate is based on the
revenue requirements associated with facilities operated at 200 kV and above of
all transmission-owning entities that become participating transmission owners
under the CAISO tariff. The transmission access charge methodology
results in a cost shift from transmission owners, whose costs for existing
transmission facilities at 200 kV and above are higher than that embedded in the
uniform transmission access charge rate, to transmission owners with lower
embedded costs for existing high voltage transmission, such as the Utility. The
Utility's obligation for this cost 14
differential,
which is capped at $32 million per year during the 10-year transition
period, is recovered in retail transmission rates.
The
Utility’s authorized natural gas transmission and storage rates and associated
revenue requirements from January 1, 2008 through December 31, 2010 have been
set in accordance with the CPUC-approved settlement agreement known as the Gas
Accord IV. On September 18, 2009, the Utility filed an application
with the CPUC to establish the Utility’s natural gas transmission and storage
revenue requirements from January 1, 2011 through 2014 and to continue a
majority of the terms and conditions of the Gas Accord IV. A decision
on the Utility’s application, known as the Gas Accord V, is expected by the end
of 2010. A substantial portion of the authorized revenue
requirements, primarily those costs allocated to core customers, would continue
to be assured of recovery through balancing account mechanisms and/or fixed
reservation charges. The Utility’s ability to recover the remaining
revenue requirements would continue to depend on throughput volumes, gas prices,
and the extent to which non-core customers and other shippers contract for firm
transmission services. This volumetric cost recovery risk associated with each
function (backbone transmission, local transmission, and storage) is summarized
below:
Backbone
Transmission. The backbone transmission revenue requirement is
recovered through a combination of firm two-part rates (consisting of fixed
monthly reservation charges and volumetric usage charges) and as-available
one-part rates (consisting only of volumetric usage charges). The mix
of firm and as-available backbone services provided by the Utility continually
changes. As a result, the Utility’s recovery of its backbone
transmission costs is subject to volumetric and price risk to the extent that
backbone capacity is sold on an as-available basis. Core procurement
entities (including core customers served by the Utility) are the primary
long-term subscribers to backbone capacity. Core customers are
allocated approximately 36% of the total backbone capacity on the Utility’s
system. Core customers pay approximately 72% of the costs of the backbone
capacity that is allocated to them through fixed reservation
charges.
Local
Transmission. The local transmission revenue requirement is
allocated approximately 71% to core customers and 29% to non-core
customers. The Utility recovers the portion allocated to core
customers through a balancing account, but the Utility’s recovery of the portion
allocated to non-core customers is subject to volumetric and price
risk.
Storage. The
storage revenue requirement is allocated approximately 71% to core customers,
12% to non-core storage service, and 17% to pipeline load balancing
service. The Utility recovers the portion allocated to core customers
through a balancing account, but the Utility’s recovery of the portion allocated
to non-core customers is subject to volumetric and price risk. The
revenue requirement for pipeline load balancing service is recovered in backbone
transmission rates and is subject to the same cost recovery risks described
above for backbone transmission.
Certain
of the Utility's natural gas distribution costs and balancing account balances
are allocated to customers in the CPUC’s Biennial Cost Allocation Proceeding.
This proceeding normally occurs every two years and is updated in the interim
year for purposes of adjusting natural gas rates to recover from customers any
under-collection, or refund to customers any over-collection, in the balancing
accounts. Balancing accounts for gas distribution and other authorized expenses
accumulate differences between authorized amounts and actual
revenues. 15
Natural
Gas Procurement
The
Utility sets the natural gas procurement rate for core customers monthly, based
on the forecasted costs of natural gas, core pipeline capacity and storage
costs. The Utility reflects the difference between actual natural gas purchase
costs and forecasted natural gas purchase costs in several natural gas balancing
accounts, with under-collections and over-collections taken into account in
subsequent monthly rates.
The
Utility recovers the cost of gas (subject to the ratemaking mechanism discussed
below), acquired on behalf of core customers, through its retail gas
rates. The Utility is protected against after-the-fact reasonableness
reviews of these gas procurement costs under the Core Procurement Incentive
Mechanism (“CPIM”). Under the CPIM, the Utility's purchase costs for
a fixed 12-month period are compared to an aggregate market-based benchmark
based on a weighted average of published monthly and daily natural gas price
indices at the points where the Utility typically purchases natural
gas. Costs that fall within a tolerance band, which is 99% to 102% of
the benchmark, are considered reasonable and are fully recovered in customers'
rates. One-half of the costs above 102% of the benchmark are recoverable in
customers' rates, and the Utility's customers receive in their rates 80% of any
savings resulting from the Utility's cost of natural gas that is less than 99%
of the benchmark. The shareholder award is capped at the lower of 1.5% of total
natural gas commodity costs or $25 million. While this incentive
mechanism remains in place, changes in the price of natural gas, consistent with
the market-based benchmark, are not expected to materially impact net income.
The Utility also has received CPUC approval for a long-term gas hedging program
through 2011 on behalf of core customers. The costs of the hedging
program are recovered directly from gas customers, outside the CPIM mechanism,
and are subject only to a compliance review, not an after-the fact
reasonableness review. (For more information, see Note 10: Derivatives and
Hedging Activities, of the Notes to the Consolidated Financial Statements in the
2009 Annual Report).
In
January 2010, the CPUC approved a joint settlement agreement among the Utility,
the CPUC’s Division of Ratepayer Advocates, and The Utility Reform Network to
incorporate a portion of hedging costs for core customers into the Utility’s
CPIM. The settlement agreement has an initial term of seven years,
through October 2017, which can be extended by agreement of the
parties. As a result, the settlement agreement permits the Utility to
develop and implement a sustained core hedging program.
The
Utility's interstate and Canadian natural gas transportation agreements with
third-party service providers are governed by tariffs that detail rates, rules,
and terms of service for the provision of natural gas transportation services to
the Utility on interstate and Canadian pipelines. United States
tariffs are approved for each pipeline for service to all of its shippers,
including the Utility, by the FERC in a FERC ratemaking review process, and the
applicable Canadian tariffs are approved by the Alberta Utilities Commission and
the National Energy Board. The Utility's agreements with interstate
and Canadian natural gas transportation service providers are administered as
part of the Utility's core natural gas procurement business. Their
purpose is to transport natural gas from the points at which the Utility takes
delivery of natural gas (typically in Canada and the southwestern United States)
to the points at which the Utility's natural gas transportation system
begins. For more information, see the discussion below under
“Natural Gas Utility Operations — Interstate and Canadian Natural Gas
Transportation Services Agreements.”
The
Utility is required to maintain physical generating capacity adequate to meet
its customers’ demand for electricity (“load”), including peak demand and
planning and operating reserves, deliverable to the locations and at times as
may be necessary to provide reliable electric service. The Utility is
required to dispatch, or schedule, all of the electricity resources within its
portfolio, including electricity provided under DWR contracts, in the most
cost-effective way. 16
The
following table shows the percentage of the Utility's total actual deliveries of
electricity in 2009 represented by each major electricity resource:
Total
2009 Actual Electricity Delivered 79,585 GWh:
At
December 31, 2009, the Utility owned and operated the following generation
facilities, all located in California, listed by energy source:
Diablo Canyon Power
Plant. The Utility's Diablo Canyon power plant consists of two
nuclear power reactor units, Units 1 and 2, with a total-plant net generation
capacity of approximately 2,240 MW of electricity. For the twelve
months period ended December 31, 2009, the Utility’s Diablo Canyon power
plant achieved an average overall capacity factor of approximately
83%. The NRC operating license for Unit 1 expires in November 2024,
and the NRC operating license for Unit 2 expires in
August 2025. In November 2009, the Utility filed an application
at the NRC requesting that each of these licenses be renewed for 20
years. The license renewal process is expected to take several years
as the NRC holds public hearings and conducts safety and environmental analyses
and site audits. (See the discussion under the heading “Risk Factors”
that appears in the MD&A section of the 2009 Annual
Report.) Under the terms of the NRC operating licenses, there must be
sufficient storage capacity for the radioactive spent fuel produced by the
Diablo Canyon plant. For a discussion of the Utility’s spent fuel
storage project, see “Environmental Matters — Nuclear Fuel Disposal”
below. 17
The
ability of the Utility to produce nuclear generation depends on the availability
of nuclear fuel. The Utility has entered into various purchase
agreements for nuclear fuel that are intended to ensure long-term fuel
supply. For more information about these agreements, see Note 16:
Commitments and Contingencies — Nuclear Fuel Agreements, of the Notes to the
Consolidated Financial Statements in the 2009 Annual Report.
The
following table outlines the Diablo Canyon power plant’s refueling schedule for
the next five years. The Diablo Canyon power plant refueling outages
are typically scheduled every 20 months. The average length of a
refueling outage over the last five years has been approximately
51 days. The actual refueling schedule and outage duration will
depend on the scope of the work required for a particular outage and other
factors.
Hydroelectric Generation
Facilities. The Utility’s hydroelectric system consists of 110
generating units at 69 powerhouses, including a pumped storage facility, with a
total generating capacity of 3,896 MW. Most of the Utility’s
hydroelectric generation units are classified as “large” hydro facilities, as
their unit capacity exceeds 30 MW. The system includes 99 reservoirs,
56 diversions, 170 dams, 184 miles of canals, 44 miles of flumes, 135 miles of
tunnels, 19 miles of pipe, and 5 miles of natural waterways. The system also
includes water rights as specified in 90 permits or licenses and 160 statements
of water diversion and use. All of the Utility's powerhouses are
licensed by the FERC (except for three small powerhouses not subject to FERC
licensing requirements), with license terms between 30 and 50 years. In the
last three years, the FERC renewed three hydroelectric licenses associated with
a total of 435 MW of hydroelectric power. The Utility is in the
process of renewing licenses for projects associated with approximately 1,073 MW
of hydroelectric power. Although the original licenses associated
with 516 MW of the 1,073 MW have expired, the licenses are automatically renewed
each year until completion of the relicensing process. Licenses
associated with approximately 2,701 MW of hydroelectric power will expire
between 2018 and 2043.
New Generation
Facilities. In addition to the Utility-owned resources shown
in the table above, the Utility has been engaged in the development of two
generation facilities to be owned and operated by the
Utility. Construction of the Colusa Generating Station, a 657 MW
combined cycle generating facility to be located in Colusa County, California,
began on October 1, 2008. Subject to meeting operational performance
requirements and other conditions, it is anticipated that the Colusa Generating
Station will commence operations by November 2010. Also, in December
2008, the Utility began construction of a 163 MW power plant to re-power the
Utility’s existing power plant at Humboldt Bay, which is at the end of its
useful life. Subject to obtaining required permits, meeting
construction schedules, operational performance requirements and other
conditions, it is anticipated that the Humboldt Bay project will commence
operations in September 2010.
DWR
Power Purchases
During
2009, electricity from the DWR contracts allocated to the Utility provided
approximately 18.0% of the electricity delivered to the Utility’s
customers. The DWR purchased the electricity under contracts with
various generators. The Utility, as an agent, is responsible for
administration and dispatch of these DWR contracts and acts as a billing and
collection agent. The DWR remains legally and financially responsible
for its contracts. The Utility expects that the amount of power
supplied under the DWR’s contracts will diminish in the future as these
contracts expire or are novated to the Utility.
18
Third-Party
Power Purchase Agreements
Qualifying Facility Power Purchase
Agreements. As described above under “The Utility’s Regulatory
Environment-Federal Energy Regulation,” the Utility is required to purchase
energy and capacity from independent power producers that are QFs. As
of December 31, 2009, the Utility had power purchase agreements with 240 QFs for
approximately 3,900 MW that are in operation. Agreements for
approximately 3,600 MW expire at various dates between 2010 and
2028. QF power purchase agreements for approximately 300 MW have no
specific expiration dates and will terminate only when the owner of the QF
exercises its termination option. The Utility also has power purchase
agreements with approximately 75 inoperative QFs. The total of
approximately 3,900 MW consists of 2,500 MW from cogeneration projects, and
1,400 MW from renewable generation resources, as discussed below. QF
power purchases accounted for 18.8% of the Utility’s 2009 electricity
deliveries. No single QF accounted for more than 5% of the Utility’s
2009 electricity deliveries.
Irrigation Districts and Water
Agencies. The Utility also has entered into contracts with
various irrigation districts and water agencies to purchase hydroelectric
power. These agreements are based on debt service requirements
(regardless of the amount of power supplied), and include variable payments to
the counterparty for operation and maintenance costs. These contracts
will expire on various dates between 2010 and 2031. In 2009, they
accounted for 3.7% of the Utility’s electricity deliveries.
Other Power Purchase
Agreements. The Utility has entered into power purchase
agreements, including agreements to purchase renewable energy that were entered
into following annual solicitations and separate bilateral
negotiations. In addition, in accordance with the Utility’s
CPUC-approved long-term procurement plan, the Utility has entered into power
purchase agreements for conventional generation resources. During
2009, the Utility’s purchases under these agreements accounted for 9.0% of the
Utility’s deliveries. When market prices and forecasted load
conditions are favorable, the Utility also has the ability to procure
electricity through the spot bilateral and CAISO markets. Electricity
purchased in these markets accounted for 14.2% of the Utility’s deliveries in
2009.
For more
information regarding the Utility’s power purchase contracts, see Note 16:
Commitments and Contingencies — Third-Party Power Purchase Agreements, of the
Notes to the Consolidated Financial Statements in the 2009 Annual
Report.
California
law requires California retail sellers of electricity, such as the Utility, to
comply with a renewable portfolio standard (“RPS”) by increasing their
deliveries of renewable energy (such as biomass, small hydroelectric, wind,
solar, and geothermal energy) each year, so that the amount of electricity
delivered from renewable resources equals at least 20% of their total retail
sales by the end of 2010. If a retail seller is unable to meet its
target for a particular year, the current CPUC “flexible compliance” rules allow
the deficit to be carried forward for up to three years so that future
deliveries of renewable power can be used to make up the deficit.
The
amount of electricity the Utility delivered from renewable resources during 2009
equaled 14.4 % of the Utility’s total retail electricity sales at December 31,
2009. Most renewable energy deliveries resulted from third party
contracts, mainly QF agreements and bilateral contracts. Additional
renewable resources included the Utility’s small hydro and solar facilities and
certain irrigation district contracts (small hydro
facilities). (Under California law only hydroelectric generation
resources with a capacity of 30 MW or less can qualify as a renewable resource
for purposes of meeting the RPS mandate. Most of the Utility’s
hydroelectric generating units have a capacity in excess of 30 MW and do not
qualify as RPS-eligible resources.) 19
Total
2009 renewable deliveries are stated in the table below.
For more
information regarding the Utility’s renewable energy contracts, see Note 16:
Commitments and Contingencies — Third-Party Power Purchase Agreements, of the
Notes to the Consolidated Financial Statements in the 2009 Annual
Report.
In
compliance with California’s Clean Energy Action Plan, the Utility plans to meet
future electricity demand by focusing first on reducing consumption through
energy efficiency and demand response programs, then by securing environmentally
preferred energy resources, such as renewable generation and distributed
generation (including solar power), and finally by relying on clean and
efficient fossil-fueled generation resources. The Utility’s
CPUC-approved long-term electricity procurement plan, covering 2007-2016,
forecasts that the Utility will need to obtain an additional 800 to 1,200 MW of
new generation resources by 2015 above the Utility's planned additions of
renewable resources, energy efficiency, demand reduction programs, and
previously approved contracts for new generation resources. Due to
the cancellation of two projects selected in its 2004 RFO for new long-term
generation resources, the Utility was authorized to increase the new generation
resource need to obtain 1,112 to 1,512 MW.
The CPUC
allows the California investor-owned utilities to acquire ownership of new
conventional generation resources only through purchase and sale agreements
(“PSAs”) ( a PSA is a “turnkey” arrangement in which a new generating facility
is constructed by a third party and then sold to the Utility upon satisfaction
of certain contractual requirements). The utilities are prohibited
from submitting offers for utility-build generation in their respective RFOs
until questions can be resolved about how to compare offers for utility-owned
generation with offers from independent power producers. The
utilities are permitted to propose utility-owned generation projects through a
separate application outside of the RFO process in the following circumstances:
(1) to mitigate market power demonstrated by the utility to be held by others,
(2) to support a use of preferred resources, such as renewable energy sources,
(3) to take advantage of a unique and fleeting opportunity (such as a bankruptcy
settlement), and (4) to meet unique reliability needs.
For a
discussion of the Utility-owned generation projects the Utility has requested
that the CPUC approve, see the section of MD&A entitled “Capital
Expenditures — Proposed New Generation Facilities” in the 2009 Annual
Report.
20
At
December 31, 2009, the Utility owned 18,650 circuit miles of interconnected
transmission lines operated at voltages of 500 kV to 60 kV and transmission
substations with a capacity of 57,848 MVA. Electricity is transmitted across
these lines and substations and is then distributed to customers through 141,213
circuit miles of distribution lines and substations with a capacity of 27,896
MVA. In 2009, the Utility delivered 85,629 GWh to its customers,
including 5,643 GWh delivered to direct access customers. The Utility
is interconnected with electric power systems in the WECC, which includes 14
western states, Alberta and British Columbia, Canada, and parts of
Mexico.
During
1998, in connection with electric industry restructuring, the California
investor-owned electric utilities relinquished control, but not ownership, of
their transmission facilities to the CAISO. The Utility entered into
a Transmission Control Agreement with the CAISO and other participating
transmission owners (including Southern California Edison Company, San Diego
Gas & Electric Company, and several California municipal utilities)
under which the transmission owners have assigned operational control of their
electric transmission systems to the CAISO. The Utility is required
to give the CAISO two years notice and receive approval from the FERC if it
wishes to withdraw from the Transmission Control Agreement and take back
operational control of its transmission facilities.
The
CAISO, which is regulated by the FERC, controls the operation of the
transmission system and provides open access transmission service on a
nondiscriminatory basis. The CAISO also is responsible for ensuring
that the reliability of the transmission system is maintained. The
Utility acts as a scheduling coordinator to schedule electricity deliveries to
the transmission grid. The Utility also acts as a scheduling
coordinator to deliver electricity produced by several governmental entities to
the transmission grid under contracts the Utility entered into with these
entities before the CAISO commenced operation in 1998. In addition,
under the mandatory reliability standards implemented following the EPAct, all
users, owners, and operators of the transmission system, including the Utility,
are also responsible for maintaining reliability through compliance with the
reliability standards. See the discussion of reliability standards
above under “The Utility’s Regulatory Environment — Federal Energy
Regulation.”
The
Utility expects to undertake various additional transmission projects over the
next few years to upgrade and expand the Utility’s transmission system in order
to accommodate system load growth, to secure access to renewable generation
resources, to replace aging or obsolete equipment, to maintain system
reliability, and to
reduce reliance on generation provided under reliability must run (“RMR”)
agreements with the CAISO. (RMR agreements require various power
plant owners, including the Utility, to keep designated units in certain power
plants, known as RMR units, available to generate electricity upon the CAISO's
demand when the generation from those RMR units is needed for local transmission
system reliability.) Potential transmission projects include a
high-voltage transmission line to improve regional reliability in the Fresno,
California area and ultimately enable access to new renewable generation
resources (referred to as the “Central California Clean Energy Transmission
Project”). As
previously disclosed, the Utility has been exploring the feasibility of
obtaining regulatory approval for a potential investment in a proposed 1,000
mile high-voltage electric transmission project that would run from British
Columbia, Canada to Northern California. The project would provide
access to potential new renewable generation resources, improve regional
transmission reliability, and provide opportunities for other market
participants to use the new facilities. The supply of and need for
new renewable generation have evolved since the Utility began exploring the
feasibility of obtaining regulatory approval for the potential investment, as
has the interest from potential partners. In lieu of the 1,000 mile high-voltage
transmission line, the Utility is
in continuing discussions with various stakeholders to explore whether, in light
of these changing circumstances, a different version of this project or another
transmission project in this region should be pursued as part of its overall
renewable energy supply
strategy.
The
Utility's electricity distribution network extends through 47 of California’s 58
counties, comprising most of northern and central California. The
Utility's network consists of 141,213 circuit miles of distribution
lines 21
(of which
approximately 20% are underground and approximately 80% are
overhead). There are 93 transmission substations and 48
transmission-switching stations. A transmission substation is a
fenced facility where voltage is transformed from one transmission voltage level
to another. The Utility’s network includes 600 distribution
substations and 118 low-voltage distribution substations. The 53
combined transmission and distribution substations have both transmission and
distribution transformers.
The
Utility's distribution network interconnects to the Utility’s electricity
transmission system at 1,116 points. This interconnection between the
Utility's distribution network and the transmission system typically occurs at
distribution substations where transformers and switching equipment reduce the
high-voltage transmission levels at which the electricity transmission system
transmits electricity, ranging from 500 kV to 60 kV, to lower voltages, ranging
from 44 kV to 2.4 kV, suitable for distribution to the Utility's
customers. The distribution substations serve as the central hubs of
the Utility's electricity distribution network and consist of transformers,
voltage regulation equipment, protective devices, and structural
equipment. Emanating from each substation are primary and secondary
distribution lines connected to local transformers and switching equipment that
link distribution lines and provide delivery to end-users. In some
cases, the Utility sells electricity from its distribution lines or other
facilities to entities, such as municipal and other utilities, that then resell
the electricity.
2009 Electricity
Deliveries. The following table shows the percentage of the
Utility’s total 2009 electricity deliveries represented by each of its major
customer classes.
Total
2009 Electricity Delivered: 85,629 GWh
The
following table shows certain of the Utility's operating statistics from 2005 to
2009 for electricity sold or delivered, including the classification of sales
and revenues by type of service.
22
Natural
Gas Utility Operations
The
Utility owns and operates an integrated natural gas transportation, storage, and
distribution system in California that extends throughout all or a part of 39 of
California’s 58 counties and includes most of northern and central
California. In 2009, the Utility served approximately 4.3 million
natural gas distribution customers. The total volume of natural gas
throughput during 2009 was approximately 845 Bcf.
As of
December 31, 2009, the Utility’s natural gas system consisted of 42,142 miles of
distribution pipelines, 6,438 miles of backbone and local transmission
pipelines, and three storage facilities. The Utility’s backbone
transmission system, composed primarily of Lines 300, 400, and 401, is used to
transport gas from the Utility’s interconnection with interstate pipelines,
other local distribution companies, and California gas fields to the Utility’s
local transmission and distribution systems. The Utility's Line 300,
which interconnects with the U.S. Southwest and Rocky Mountain pipeline systems
owned by third parties (Transwestern Pipeline Company, El Paso Natural Gas
Company, Questar Southern Trails Pipeline Company, and Kern River Pipeline
Company), has a receipt capacity of approximately 1.07 Bcf per
day. The Utility's Line 400/401 interconnects with the natural gas
transportation pipeline of Gas Transmission Northwest Corporation at the
California-Oregon border. This line has a receipt capacity at the
border of approximately 2.02 Bcf per day. Through interconnections
with other interstate pipelines, the Utility can receive natural gas from all
the major natural gas basins in western North America, including basins in
western Canada, the Rocky Mountains, and the southwestern United
States. The Utility also is supplied by natural gas fields in
California.
The
Utility owns and operates three underground natural gas storage fields connected
to the Utility’s transmission and storage system. These storage
fields have a combined firm capacity of approximately 47 Bcf. In
addition, two independent storage operators are interconnected to the Utility's
northern California transportation system.
The
Utility, along with Gill Ranch Storage, LLC, a subsidiary of Northwest Natural
Gas Company, is developing an underground natural gas storage facility near
Fresno, California. It is expected that construction of the initial
phase, to consist of approximately 20 Bcf of total capacity, will be completed
in 2010. The Utility has a 25% interest in the initial phase of the
proposed storage facility.
The CPUC
divides the Utility's natural gas customers into two categories: core and
non-core customers. This classification is based largely on a customer's annual
natural gas usage. The core customer class is comprised mainly of
residential and smaller commercial natural gas customers. The
non-core customer class is comprised of 23
industrial,
larger commercial, and electric generation natural gas customers. In
2009, core customers represented more than 99% of the Utility’s total natural
gas customers and 38% of its total natural gas deliveries, while non-core
customers comprised less than 1% of the Utility’s total natural gas customers
and 62% of its total natural gas deliveries.
The
Utility provides natural gas transportation services to all core and non-core
customers connected to the Utility’s system in its service
territory. Core customers can purchase natural gas procurement
service (i.e., natural
gas supply) from either the Utility or alternate energy service
providers. When the Utility provides both transportation and
procurement services, the Utility refers to the combined service as “bundled”
natural gas service. Currently, over 97% of core customers,
representing over 96% of core market demand, receive bundled natural gas service
from the Utility.
The
Utility does not provide procurement service to non-core customers. However,
some non-core customers are permitted to elect core service and receive Utility
procurement service through that avenue. Electricity generators, QF
cogenerators, enhanced oil recovery customers, refiners, and other large
non-core customers may not elect core service, and smaller non-core customers
must contract for a minimum five-year term if they elect core service. These
restrictions were put in place because large increases in demand for the
Utility's procurement service caused by significant transfers of non-core
customers to core service would raise prices for all other core procurement
customers and obligate the Utility to reinforce its pipeline system to provide
core service reliability on a short-term basis to serve this new
load.
The
Utility offers backbone gas transmission, gas delivery (local transmission and
distribution), and gas storage services as separate and distinct services to its
non-core customers. Access to the Utility's backbone gas transmission system is
available for all natural gas marketers and shippers, as well as non-core
customers.
The
Utility has regulatory balancing accounts for core customers designed to ensure
that the Utility’s results of operations over the long term are not affected by
weather variations, conservation, or changes in their consumption levels. The
Utility’s results of operations can, however, be affected by non-core
consumption levels because there are fewer regulatory balancing accounts related
to non-core customers. Approximately 97% of the Utility’s natural gas
distribution base revenues are recovered from core customers and 3% are
recovered from non-core customers.
The
California Gas Report is prepared by the California electric and natural gas
utilities to present an outlook for natural gas requirements and supplies for
California over a long-term planning horizon. It is prepared in even-numbered
years followed by a supplemental report in odd-numbered years. The 2008
California Gas Report forecasts average annual growth in the Utility's natural
gas deliveries (for core customers and non-core transportation) of approximately
0.2% for the years 2008 through 2030. The natural gas requirements forecast is
subject to many uncertainties, and there are many factors that can influence the
demand for natural gas, including weather conditions, level of economic
activity, conservation, price, and the number and location of electricity
generation facilities.
2009 Natural Gas
Deliveries. The following table shows the percentage of the
Utility's total 2009 natural gas deliveries represented by each of the Utility's
major customer classes.
Total
2009 Natural Gas Deliveries: 845 Bcf
24
The
following table shows the Utility's operating statistics from 2005 through 2009
(excluding subsidiaries) for natural gas, including the classification of sales
and revenues by type of service.
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