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From:jeff.dasovich@enron.com
To:alan.comnes@enron.com, angela.schwarz@enron.com, beverly.aden@enron.com,bill.votaw@enron.com, brenda.barreda@enron.com, carol.moffett@enron.com, cathy.corbin@enron.com, chris.foster@enron.com, christina.liscano@enron.com, craig.sutter@enron.com, dan
Subject:CA Probe focuses on Dynegy, Mirant Plants
Cc:
Bcc:
Date:Mon, 21 May 2001 12:06:00 -0700 (PDT)

----- Forwarded by Jeff Dasovich/NA/Enron on 05/21/2001 07:04 PM -----

=09Jean Munoz <jmunoz@mcnallytemple.com<
=0905/21/2001 07:02 PM
=09=09=20
=09=09 To: "'Andy Brown (E-mail)'" <ABB@eslawfirm.com<, "'B Brown Andy (E-m=
ail)'"=20
<andybrwn@earthlink.net<, "'Baker Carolyn (E-mail)'"=20
<cabaker@duke-energy.com<, "'Bob Escalante (E-mail)'"=20
<rescalante@riobravo-gm.com<, "'Bob Weisenmiller (E-mail)'"=20
<rbw@mrwassoc.com<, "'Curtis Kebler (E-mail)'"=20
<curtis_l_kebler@reliantenergy.com<, "Dean. Nistetter (E-mail)"=20
<Dean.Nistetter@dynegy.com<, "'Douglas Kerner (E-mail)'" <DKK@eslawfirm.com=
<,=20
"'Greg Blue (E-mail)'" <gtbl@dynegy.com<, "'Jan Smutny-Jones (E-mail)'"=20
<smutny@iepa.com<, "'Jeff Dasovich (E-mail)'" <Jeff.Dasovich@enron.com<,=20
"'Joe Ronan (E-mail)'" <joer@calpine.com<, "'John Larrea (E-mail)'"=20
<john.g.larrea@williams.com<, "'Julee Malinowski-Ball (E-mail)'"=20
<jmball@ns.net<, "'Kassandra Gough (E-mail)'" <kgough@calpine.com<, "'kent=
=20
Palmerton (E-mail)'" <kent.palmerton@williams.com<, "'Lynn Lednicky=20
(E-mail)'" <lale@dynegy.com<, "Marie Moretti (E-mail 2)"=20
<mmoretti@mccabeandcompany.net<, "'Marty Wilson (E-mail)'"=20
<mwilson@pstrategies.com<, "'McNally Ray (E-mail)'"=20
<rmcnally@mcnallytemple.com<, "''Nam Nguyen' (E-mail)'"=20
<nam.nguyen@powersrc.com<, "'Norton Kelli (E-mail)'"=20
<knorton@mcnallytemple.com<, "'Paula Hall-Collins (E-mail)'"=20
<paula.hall-collins@williams.com<, "'Pigott Jack (E-mail)'"=20
<jackp@calpine.com<, "'Richard Hyde (E-mail)'" <rwhyde@duke-energy.com<,=20
"'Roger Pelote (E-mail)'" <roger.pelote@williams.com<, "'Stephanie-Newell=
=20
(E-mail)'" <stephanie-newell@reliantenergy.com<, "'Sue Mara (E-mail)'"=20
<smara@enron.com<, "'Tom Ross (E-mail)'" <tross@mcnallytemple.com<, "Tom=20
Williams (E-mail)" <tcwillia@duke-energy.com<, "'Alex Sugaoka (E-mail)'"=20
<alex.sugaoka@uaecorp.com<, "'Bill Carlson (E-mail)'"=20
<william_carlson@wastemanagement.com<, "'Bill Woods (E-mail)'"=20
<billw@calpine.com<, "'Bob Ellery (E-mail)'" <bellery@spi-ind.com<, "'Bob=
=20
Gates (E-mail)'" <bob.gates@enron.com<, "'Cody Carter (E-mail)'"=20
<cody.carter@williams.com<, "'Curt Hatton (E-mail)'"=20
<Curt.Hatton@gen.pge.com<, "'David Parquet'" <david.parquet@enron.com<,=20
"'Dean Gosselin (E-mail)'" <dean_gosselin@fpl.com<, "'Doug Fernley (E-mail)=
'"=20
<fernley.doug@epenergy.com<, "'Duane Nelsen (E-mail)'"=20
<dnelsen@gwfpower.com<, "'Ed Tomeo (E-mail)'" <ed.tomeo@uaecorp.com<,=20
"'Eileen Koch (E-mail)'" <eileenk@calpine.com<, "'Eric Eisenman (E-mail)'"=
=20
<eric.eisenman@gen.pge.com<, "'Frank DeRosa (E-mail)'"=20
<frank.derosa@gen.pge.com<, "Frazier Blaylock (E-mail)"=20
<frazier_blaylock@ogden-energy.com<, "'Hap Boyd (E-mail)'"=20
<Hap_Boyd@enron.com<, "'Hawks Jack (E-mail)'" <jack.hawks@gen.pge.com<, "'J=
im=20
Willey (E-mail)'" <elliottsa@earthlink.net<, "'Joe Greco (E-mail)'"=20
<jgreco@caithnessenergy.com<, "'Jonathan Weisgall (E-mail)'"=20
<jweisgall@aol.com<, "'Kate Castillo (E-mail)'" <CCastillo@riobravo-gm.com<=
,=20
"'Kelly Lloyd (E-mail)'" <kellyl@enxco.com<, "'Ken Hoffman (E-mail)'"=20
<khoffman@caithnessenergy.com<, "'Kent Fickett (E-mail)'"=20
<kfickett@usgen.com<, "'Lynn Lednicky (E-mail)'"=20
<lynn.a.lednicky@dynegy.com<, "'Marty McFadden (E-mail)'"=20
<marty_mcfadden@ogden-energy.com<, "'Paula Soos'"=20
<paula_soos@ogden-energy.com<, "'Randy Hickok (E-mail)'"=20
<rjhickok@duke-energy.com<, "Rick S. Koebbe (E-mail)"=20
<rskoebbe@powerworksinc.com<, "'Rob Lamkin (E-mail)'"=20
<rllamkin@seiworldwide.com<, "'Ross Ain (E-mail)'" <ain@worldnet.att.net<,=
=20
"'Steve Iliff'" <siliff@riobravo-gm.com<, "'Steve Ponder (E-mail)'"=20
<steve_ponder@fpl.com<, "'Tony Wetzel (E-mail)'" <twetzel@thermoecotek.com<=
,=20
"'William Hall (E-mail)'" <wfhall2@duke-energy.com<,=20
trusso@mcnallytemple.com, sadlersa@earthlink.net, mstultz@epsa.org,=20
rtemple@mcnallytemple.com, tracy.fairchild@edelman.com,=20
megan.beiser@edelman.com, deborah.fiorito@dynegy.com, lchurch@epsa.org, Kat=
ie=20
Kaplan <kaplan@iepa.com<, tcwillia@duke-energy.com, rwhyde@duke-energy.com,=
=20
tmcmorrow@manatt.com, Suzy.L.Rodriguez@dynegy.com, ppitts@wiredworld1.com,=
=20
mnobili@cal-lobby.com, sscsus@aol.com, kvellandi@pstrategies.com
=09=09 cc:=20
=09=09 Subject: CA Probe focuses on Dynegy, Mirant Plants

Calif Probe Focuses On Dynegy,Mirant Plants-Commissioners =20
Updated: Monday, May 21, 2001 05:28 PM=01;ET =01;=20
=01;
By Jason Leopold and Mark Golden=20

Of DOW JONES NEWSWIRES=20

LOS ANGELES (Dow Jones)--California officials are focusing an investigation=
=20
into the state's wholesale electricity markets on two power plants operated=
=20
by two of the state's largest merchant power companies, Mirant Corp. (MIR,=
=20
news, msgs) and a joint venture between Dynegy Inc. (DYN, news, msgs) and N=
RG=20
Energy (NRG, news, msgs), according to two commissioners on the California=
=20
Public Utilities Commission.=20

The CPUC and the state Attorney General are investigating whether output wa=
s=20
withheld in order to maintain high prices over the past seven months at=20
Mirant's Pittsburg plant in northern California and the Encina power plant,=
=20
which is equally owned by Dynegy and NRG, near San Diego.=20

All power plants in the state are being examined, but investigators have=20
found that the Encina and Pittsburg plants have reduced power during supply=
=20
shortages, causing market prices to rise.=20

But so far, the commissioners said, investigators have found no activity th=
at=20
is clearly illegal.=20

"Is it unethical? Yes," one PUC commissioner said. "But is it illegal? No,=
=20
unless there was collusion. This is the system we set up. What the generato=
rs=20
are doing would be the appropriate thing to do if you are going to maximize=
=20
your profit to shareholders."=20

Spokesmen for Mirant and Dynegy flatly denied the charges.=20

"What we did was both legal and ethical," said Mirant spokesman Chuck=20
Griffin. "There was a very forthright attempt to keep these plants up and=
=20
running. Unequivocally, we have never held anything back."=20

Some of the turbines at the Encina plant are peaking units, which are=20
supposed to ramp up and down to meet demand, Dynegy spokesman Steve Stengel=
l=20
said. The plant is operated by NRG, but Dynegy markets the power from the=
=20
plant and tells NRG how much power to generate based on what has been sold.=
=20

"We've done absolutely nothing to manipulate prices," Stengell said.=20
"Electricity demand increases and decreases throughout the day. Our=20
production increases and decreases to follow changing demand. Ultimately, t=
he=20
ISO determines the exact amount of dispatch."=20

A spokesman for Attorney General William Lockyer declined to comment on the=
=20
ongoing investigation.=20

CPUC President Loretta Lynch told California newspapers last week that her=
=20
office and that of Lockyer's have enough information to take legal action=
=20
against generators next month, though she declined to name the companies=20
involved and she said that the exact nature of the legal action is still=20
under review.=20

"We get really tired of these assertions with no evidence to back them up,"=
=20
Griffin said. "This whole idea that any generation was held back at any tim=
e=20
is completely bogus. It is pure political rhetoric."=20

Mirant's California power plants have run at full power during critical tim=
es=20
except under one of two conditions, Griffin said. Either generating units=
=20
were broken and had to be taken off line to be fixed, or they were beginnin=
g=20
to run in a way that violated environmental restrictions and Mirant had to=
=20
get permission to run at full power any longer.=20

"There are no other reasons than those two," said Griffin.=20

Nevertheless, several employees at the power plants involved have testified=
=20
that generating units were ramped down even when the state's Independent=20
System Operator had warned of tight supplies, according to one commissioner=
.=20

And a senior NRG employee at the Encina power plant in Carlsbad told Dow=20
Jones Newswires that he was told by Dynegy's Houston trading floor to "ramp=
=20
down" the large 951-megawatt plant on at least 10 occasions when he knew=20
power supplies were tight.=20

"We would be told to ramp down the units even when we knew the state needed=
=20
the megawatts," the employee said. "Then the spot price would go up, but we=
=20
didn't really pay too much attention to that, because as far as we know=20
everybody was doing this. We knew how much power other plants were operatin=
g=20
at, and we knew they weren't at full capacity."=20

NRG spokeswoman Meredith Moore said that the ISO gives instructions to Dyne=
gy=20
and Dynegy tells NRG what to do. "And there have been conditions when the I=
SO=20
told us to ramp down during Stage 2 emergencies," Moore said.=20

Also, one CPUC commissioner pointed out that the state's deregulation law=
=20
doesn't require owners of power plants to bid all of their capacity into th=
e=20
market.=20

The state's incumbent utilities, who were forced to sell their power plants=
=20
as part of deregulation, also may have contributed to the problem, accordin=
g=20
to an ISO study. By not securing nearly enough power in advance to meet the=
ir=20
customers projected needs, the state's three main utilities contributed to =
36=20
Stage 1 and 2 power emergencies last summer and forced the grid operator to=
=20
pay a much higher price to keep the lights on.=20

The utilities argued that they underscheduled their load so they wouldn't=
=20
have to pay the generators' high bid prices. The ISO market last year had a=
=20
price cap, while other markets did not.=20

Mirant's Griffin, meanwhile, said all the finger pointing isn't solving the=
=20
state's problem.=20

"If they are going to get to a solution in California, they have to get=20
beyond silly political rhetoric," Griffin said. "The real solution to the=
=20
problem is to get new supply, and if they are going to do that they have to=
=20
make this market look attractive to the kind of people who can build power=
=20
plants."=20

-By Jason Leopold, Dow Jones Newswires; 323-658-3874;=20
jason.leopold@dowjones.com=20

(Mark Golden in New York contributed to this article.)=20