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CC SR 20160301 D - Support AB 1800 Utility Outage Comp ClaimsRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/01/2016 AGENDA REPORT AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to express support for Assembly Bill No. 1800 regarding utility outage compensation claims RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor to sign a letter supporting Assembly Bill No. 1800 (AB 1800) regarding utility outage compensation claims. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst.," REVIEWED BY: Gabriella Yap, Deputy City Manager APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Draft support letter for AB 1800 (page A-1) B. AB 1800 (page B-1) C. AB 1800 fact sheet (page C-1) BACKGROUND AND DISCUSSION: The City of Rancho Palos Verdes and other cities in the South Bay have longstanding concerns regarding the ineffective process by which Southern California Edison (SCE) addresses residents' claims for compensation due to losses incurred as a result of prolonged power outages. In 2015, the average duration of prolonged outages in Rancho Palos Verdes exceeded three (3) hours, and the average annual frequency of prolonged outages exceeded one (1) for each of the thirty (30) SCE circuits serving the City's residents and businesses. On the Palos Verdes Peninsula, SCE's aged infrastructure has caused fires and repeated, prolonged power outages. The prolonged power outages adversely affect residents in a variety of ways, particularly: • Residents who have a variety of physical challenges and rely on a constant source of power for medical devices; 1 • Residents who are senior citizens and are particularly susceptible to injury if power outages persist for a long period of time into the evening hours; and, • Residents who suffer financial burdens as a result of losing food, medication and other perishable items during prolonged power outages. Last year, the City Council authorized Staff to prepare and present a resolution regarding SCE's claims process and service reliability for the consideration of the General Assembly at the annual California League of Cities (League) conference. Although the City's resolution was not approved for presentation to the League's General Assembly, the League's Environmental Quality Committee expressed interest in investigating the claims processes and service reliability for all Investor -Owned Utilities (IOUs) and Publicly -Owned Utilities (POUs) in the State. At the same time that the City was preparing its League resolution, 66th District State Assemblymember David Hadley took an active role in facilitating dialogue between the City and SCE on this issue. One of the important facts revealed by this dialogue was that only thirty-seven percent (37%) of claims filed against SCE in the past three (3) years were successful. SCE expressed a commitment to improve and clarify the claims process information on its website. However, as a result of these discussions, Councilmember Anthony Misetich also impressed upon Assemblymember Hadley the need for a legislative "fix" to this issue. On February 8, 2016, Assemblymember Hadley introduced Assembly Bill No. 1800 (AB 1800) regarding utility outage compensation claims (see Attachments B & C). In essence, AB 1800 would require all electrical IOUs and POUs to collect and annually post on their websites the number of claims and outcomes of claims that customers submit for reimbursement due to service interruptions caused by negligence on the party of the utility. Specifically, AB 1800 will require the online posting of statistics related to claims received, the results of those claims, the average time before a judgment is made, and the average claim amount. The bill will also require IOUs and POUs to publish the number of appealed claims and the result of those appeals. The goal of AB 1800 is give utility ratepayers the information necessary to know if their claims for reimbursement are being fairly and expeditiously processed, and to inspire more confidence in the claims process. Staff has prepared a draft letter of support for AB 1800 (Attachment A) for the City Council's consideration and approval at tonight's meeting. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council's consideration: Do not authorize the Mayor to sign the support letter for AB 1800. 2 March 1, 2016 VIA FAX: (916) 319-2166 Honorable David Hadley California State Assembly State Capitol, Room 4102 Sacramento, CA 95814 RE: AB 1800 (Hadley): Utility Outage Compensation Claims. Notice of Support Dear Assemblymember Hadley: On behalf of the City of Rancho Palos Verdes and its residents, I would like to convey our support for AB 1800 regarding utility outage compensation claims. Every year, electrical utility customers file claims for reimbursement for outages due to utilities' negligence. Outages and service interruptions are inconvenient at best, and deadly at worst. They can lead to spoiled food and prescription medication; damage to electronic equipment and appliances due to energy interruptions; or failure in necessary medical equipment for senior citizens and those with physical challenges. Customers may file claims for reimbursement, but there is currently no way to know what percentage of claims are being approved and denied, or how quickly, or the rationale behind these decisions. Without readily accessible claims data, many customers assume that all claims are denied. On the Palos Verdes Peninsula, Southern California Edison (SCE) has recently confirmed that only 37% of claims filed over the past three (3) years were paid. AB 1800 will require the online posting of statistics related to claims received, the results of those claims, the average time before a judgment is made, and the average claim amount. The bill will also require electrical utilities to publish the number of appealed claims and the results of those appeals. We appreciate your leadership on this important issue and, for these reasons, the City of Rancho Palos Verdes supports AB 1800. Sincerely yours, Ken Dyda Mayor, City of Rancho Palos Verdes cc: Rancho Palos Verdes City Council Doug Willmore, City Manager Gabriella Yap, Deputy City Manager Kit Fox, Senior Administrative Analyst A-1 CALIFORNIA LEGISLATURE -2015-16 REGULAR SESSION ASSEMBLY BILL No. 1800 Introduced by Assembly Member Hadley February 8, 2016 An act to add Chapter 6 (commencing with Section 8390) to Division 4.1 of the Public Utilities Code, relating to public utilities. LEGISLATIVE COUNSEL'S DIGEST AB 1800, as introduced, Hadley. Utility outage compensation claims: annual posting. Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing boards. Existing law requires each electrical corporation to report annually on its compliance with specified standards or rules adopted by the commission, including, but not limited to, standards for operation, reliability, and safety during periods of emergency and disaster. This bill would require each electrical corporation and local publicly owned electric utility to annually post on its Internet Web site specified information relating to utility outage compensation claims for the previous year. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECTION 1. Chapter 6 (commencing with Section 8390) is 2 added to Division 4.1 of the Public Utilities Code, to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 CHAPTER 6. ELECTRICAL UTILITY OUTAGE COMPENSATION CLAIMS 8390. Each electrical corporation and local publicly owned electric utility shall annually post on its Internet Web site all of the following information relating to utility outage compensation claims for the previous year: (a) Applications still open from the previous year. (b) New applications received. (c) The number of incomplete applications received. (d) Total number of incomplete applications that were still left incomplete by the end of the year. (e) Pool of total applicants awaiting determination or judgment at the end of the year. (f) Progress on processing applications. (g) Current average time taken to process applications. (h) The number of applications approved. (i) The percentage of applications approved. 0) The number of applications denied. (k) The average number of days it took to close approved applications. (0 The average number of days it took to close denied applications. (m) The number of denied applications that were subsequently appealed. (n) The number of successful appeals from denied applications. (o) For the Successful appeals, the average number of days between the submission of the appeal and the closing of the appeal. (p) The average amount paid for successful claims. 31 CAPITOL OFFICE Zlg!5enlbtp California Zegi!gtature State Capitol DAVID HADLEY Sacramento, CA 94249-0066 (916) 319-2066 ASSEMBLYMAN, 66TH DISTRICT FAX (916) 319-2166 DISTRICT OFFICE 23211 Hawthorne Blvd. 'r Suite 200A Torrance, CA 90505 , (310) 375-0691, FAX (310) 375-8245 FACT SHEET Assemblyman David Hadley COMMITEES Vice Chair: Aging and Long Term Care Arts, Entertainment, Sports, Tourism, and Internet Media Banking and finance Natural Resources Utilities and Commerce Joint Committee on Arts Assembly Bill 1800: Reporting Claims for Utility Service Interruptions SUMMARY Assembly Bill 1800 will require all electrical Investor Owned Utilities (IOUs) and Publicly Owned Utilities (POUs) to collect and annually post on their websites the number of claims and outcomes of claims that customers submit for reimbursement due to service interruptions caused by negligence on the part of the utility. ISSUE BACKGROUND Every year customers of IOUs and POUs file claims for reimbursement for outages due to negligence. Outages and service interruptions are inconvenient at best, and deadly at worst. They can lead to spoiled food and prescription medication, damage to products due to energy interruptions, or failure in necessary equipment for senior citizens and those with physical challenges Customers file claims for reimbursement but there is currently no way to know what percentage of claims are being approved and denied, or how quickly, or the rationale behind these decisions. Without readily accessible claims data, many customers assume all claims are denied. SOLUTION This bill will require utilities to post data that is currently inaccessible to the public. This will help ensure claims are being fairly evaluated and expeditiously resolved. Specifically AB 1800 will require the online posting of statistics related to claims received, the results of those claims, the average time before a judgment is made, and the average claim amount. The bill will also require IOUs and POUs to publish the number of appealed claims and the result of those appeals. AUTHOR'S STATEMENT "AB 1800 will give utility ratepayers the information necessary to know if their claims for reimbursement are being fairly and expeditiously processed, and will inspire more confidence in the claims process." Assemblyman David Hadley SUPPORT OPPOSITION For More Information: Lyndsay Mitchell, Legislative Director 916-319-2066, Lyndsay.mitcheligasm.ca.gov �+ �� Febr✓2 uary ,i5 '6 16