AB 1167

This bill does the following related to electric service utility rates and certificates required for constructing large electric generating facilities:

1. The bill prohibits an electric public utility from recovering in rates any amount for the rate of return on equity for a retired electric generating facility. Under current law, a public utility generally may not make a change to its rate schedules that constitutes an increase in rates to customers, except by order of the Public Service Commission after an investigation and opportunity for hearing.

2. The bill allows a person to construct a large electric generating facility without obtaining a certificate of public convenience and necessity (CPCN) from PSC if both of the following are satisfied: a) the person demonstrates that on each day that the facility operates the person will consume at least 70 percent of the facility’s output for nonresidential purposes at the site of the facility; and b) if the facility is expected to be interconnected with a public utility’s electric infrastructure, the person agrees to pay all costs associated with interconnecting the facility. Under current law, a person seeking to construct a large electric generating facility having a nominal capacity of 100 megawatts or more must obtain a CPCN from PSC. Also, current law allows a person to construct a large electric generating facility without obtaining a CPCN if the person demonstrates that on each day that the facility operates the person will consume at least 70 percent of the facility’s output in manufacturing processes or ferrous mineral mining processes at the site of the facility.

3. The bill requires PSC to create and maintain a web page that displays for every CPCN application the procedural status of the application and the procedural status of any other permit or approval necessary for the applicant to construct the facility for which the application was submitted. The requirement applies to permits or approvals granted by the federal government, a state agency, or a city, village, town, or county.