Enron Mail

From:foothill@lmi.net
To:charlotte@wptf.org
Subject:WPTF Friday Chapter and Verse Burrito
Cc:
Bcc:
Date:Thu, 15 Feb 2001 16:49:00 -0800 (PST)

THE FRIDAY BURRITO=20

Depression is merely anger without enthusiasm=20

Slowly we sink into the abyss of the dreaded B word.? The State Legislature=
=20
and our illustrious Governor, Emperor of the Dark Side, are showing a trait=
=20
that heretofore I never noticed.? They are impotent in tackling complex=20
issues that involve big bucks.? They are simply unable to manage the task.?=
I=20
used to hold these institutions in relatively high regard.? Forget the=20
bellyaching in which all taxpayers and voters engage.? I mean, there was an=
=20
element of something bigger than the PUC, the ISO, and the utilities when=
=20
reference was made to the boys and girls working in the State Capital.? I a=
m=20
no longer impressed.=20

I suppose there are things the Gov and the Legislature do well.? Let me=20
think.? Well, law enforcement, environment, transportation, water,=20
agriculture, education, parks and recreation, and health.? I suppose they d=
o=20
all right managing those things.? But as for electricity, it seems this top=
ic=20
is like a hungry monster that chews up politicians and spits them out after=
=20
sucking the political marrow from their bones.? The mix of money and=20
electrons is too rich for their appetites.=20

Yet, hope springs eternal. Today the Governor will announce his package for=
=20
curing California's energy crisis.? There is one part of his plan that is=
=20
good news.? He will announce a new component of electric rates that will=20
increase revenue to cover the under-collected wholesale power costs of PG&E=
=20
and SCE.? The smelly parts include purchase of the transmission grid by the=
=20
State, thereby transferring revenue collection for the grid to the Californ=
ia=20
Department of Water Resources.? We discuss the whole package below.? Howeve=
r,=20
it is mind boggling to me how deep the State is willing to sink to avoid a=
=20
straight up rate increase.? I understand, based on recent e-mails you folks=
=20
have sent to me, that DWR will re-organize and take on a new name: Californ=
ia=20
Utility Buyers Agency (CUBA).? The head of CUBA will be S. Fidel Freeman, a=
=20
well-known advocate of public systems. Helping Fidel fiddle at the helm wil=
l=20
be Che Budraja, a jungle revolutionary who steals from the rich, and invest=
s=20
the money in T-bills.? We look for great things from CUBA, not the least of=
=20
which will be cigars that have printed on the label, "The Attorney General=
=20
Has Determined that Retail Competition May Be Hazardous to Our Health".=20

As the state struggles to punch its way out of the mess, I have discovered =
a=20
solution to our energy woes whilst in the comfort of my own home. My propos=
al=20
is that we ship all our teenage children to Montana for the summer.? This=
=20
will conserve thousands of megawatts of in-state electric generating=20
capacity, bring down the price of alcohol, and make our roads safe.? The=20
other day, I entered the bedroom of my 13-year old boy, and noticed that=20
everything electrical was humming.? His computer was the main focus of his=
=20
attention at that moment, but at the same time his TV was on, the=20
electric-guitar amplifier was on standby ready, all the lights were on, and=
a=20
CD player was filling the air with the sounds of screeching voices.? One=20
megawatt may light 1,000 homes, so they say, but it only energizes 14=20
teenagers.? Send our teenagers to Montana (I have a name for this program =
=01(=20
Energy Conserpation: We Don't Give a ____ about Saving Energy) and put them=
=20
on the right side of the Western grid.? Plenty of coal power out there, and=
=20
the program will lessen the need for burning natural gas to produce=20
electricity.? When Montana gets tired of our 6 million California teenagers=
=20
because they emptied the state of Snicker Bars, Pepsi, and cellophane wrapp=
ed=20
junk food, we'll send them by bus to Mexico.? Our Governor and even Preside=
nt=20
Bush believe that all the power we be needin' is south of the border.?=20
Anyway, the dollar is strong relative to the peso, and we can feed our=20
beloved children snacks from Source Taco Bell with enough gorditas and=20
chalupas until the cows come home; which is soon.? When school re-starts in=
=20
the Fall, the summer rolling blackout threat ("The ISO is in Day 206 of a=
=20
Stage 3 Alert") will be over, and we can welcome home our new heroes.? It's=
a=20
plan.=20

ISO Governing Board Chairman Ghengis Kahn is reported to be constantly=20
reminding the ISO staff at Governing Board meetings that reality is an=20
important element of their new strategy.? I wonder how he would know.? And=
=20
PUC President Loretta "Let's Do" Lynch, the Darth Vader(ess) to Davis'=20
Dark-Side Emperor, is reported to be "loving her job" at the PUC.? I'm not=
=20
making this up.? She actually told the San Francisco Chronicle how much she=
=20
loves getting things back to the way they were before 1996.? I hear that wh=
en=20
she is done with electricity reform, she will be assigned to work on Civil=
=20
Rights.? Return that system back to circa 1950.=20

The way I see it, the State will enter into relatively costly long-term=20
contracts.? The effect will nail consumers to default utility service by=20
suspending direct access, and in just a few years we will be back to where =
we=20
were in 1994: high cost electricity against which businesses want an out=20
because spot wholesale prices will be below the long-term price benchmark.?=
?=20
But this time we can take advantage of our 18/90 hindsight to craft a bette=
r=20
solution. I have a suggestion.? Let's gather together in advance=20
representatives of all segments of our business, and develop a memorandum o=
f=20
understanding.? The MOU will spell out a new competitive market that allows=
=20
utilities, by then financially upright, to collect their "new" stranded=20
costs.? Consumers will be given the Province of British Columbia, soon to b=
e=20
purchased by? Governor Davis as a peace offering to Harvey Rosenfield. All=
=20
the nuclear plants will be purchased by the state and operational control=
=20
will be turned over to the consumer advocates.? Everyone will be happy.? Al=
l=20
we need is a Republican Governor for California in 2004 we can rely upon to=
=20
enact the necessary legislation.=20

I am delighted to be back in Burrito-ville.? Phoenix was nice, the crowd wa=
s=20
great, our speakers were terrific, but I need my weekly slab of salty meat=
=20
and salsa.=20

Things in the People's Republic of California=20
?@@@ Dr. Davis' Miracle Cure=20
?@@@ Phoenix Principles are on the Table=20
?@@@ Is there a Credit Committee in your future?=20
?@@@ APX Announces Special Workshop on Feb 21=20

Things National=20
?@@@ FERC Kicks ISO Tariff Amendment 36 in the Chops=20
?@@@ Ohio Ushers in Retail Competition=20

Odds & Ends (_!_)=20
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=20
Things in the People's Republic of California=20
?@@@ Dr. Davis' Miracle Cure=20

As I write this week's Burrito, the Governor and his aides are trying to=20
convince the Democratic Caucus in the state legislature that his plan has=
=20
legs.? If it had legs, then I wish it would run away.? Here are the major=
=20
points of Dr. Davis' plan as I heard it yesterday afternoon:=20

* Authorize DWR to acquire the high voltage transmission grid and/or other=
=20
assets,? enter into related agreements with utilities and contract for=20
operation of transmission with utilities=20

* Direct the PUC to amend and transfer the appropriate portion of retail=20
rates applicable to transmission from utilities to DWR=20

* Authorize revenue bond financing for acquisition and required improvement=
s=20
of the transmission grid=20

The state's purchase of the transmission system is conditional upon PG&E's=
=20
and SCE's parent companies returning their Year 2000 tax refunds back to th=
e=20
affected utility (about $1.5 billion); extending cost-based rates on native=
=20
generation for 5 additional years, banning the sale of generating assets; a=
nd=20
dismissing the pending rate litigation against the state in federal Distric=
t=20
Court.=20

If the utilities are willing to accept the deal, then the state will direct=
=20
the PUC to establish a Dedicated Rate Component (DRC) to allow recovery of=
=20
portions of the utilities' unrecovered costs pursuant to negotiations with=
=20
the administration.? The state will authorize the utilities to sell revenue=
=20
bonds secured by the DRC.=20

Shoot me for saying this, but bankruptcy is beginning to look like an=20
attractive alternative.? Sure, we might not get all the money owed to the=
=20
power marketers and generators, but there is no guarantee of getting all th=
e=20
money in the Gov's plan.? There are loopholes big enough through which you=
=20
can drive a 18-wheeler.? Further, shouldn't we do something to help the sta=
te=20
from swallowing itself?? The right thing to do is say, "Mr. Governor, thank=
=20
you so much.? You have tried mighty hard to wipe your hands clean of this=
=20
mess, but your plan just isn't enough.? We'll take our chances." I can't=20
believe the Wall Street investors and bondholders will encourage the=20
utilities to accept the offer, although they might.? The plan has too many=
=20
bureaucratic traps.? Too much that can go wrong, and incur potentially long=
=20
delays.? It smells bad.=20

What do you folks think?=20

Things in the People's Republic of California=20
?@@@ Phoenix Principles are on the Table=20

While the Governor is busy peddling his plan, last week in Phoenix, our gro=
up=20
also got involved with long-term and short-run solutions to California's=20
electricity market.? About 40 WPTF members had a discussion with a wide ran=
ge=20
of ideas and options.? WPTF Chair, Rob Lamkin, and I facilitated the=20
discussion, and took notes of people's comments.? Over the weekend, Phil=20
Muller helped me draft the short-term principles in a summary document that=
=20
is three pages.? The meaning of "short-term" is recommendations that can be=
=20
implemented in time for Summer of 2001.=20

We are still working on the details, and as many of you know, we will=20
teleconference next week to discuss the recommendations, and hear your=20
comments. However, below is a thumbnail synopsis of the seven short-term=20
recommendations that we are currently considering:=20

* Electric price must be an incentive for energy conservation (Pleas for=20
voluntary conservation are not taken seriously unless accompanied by=20
meaningful price signals.)=20

* Rely on positive incentives to achieve demand reductions (Positive=20
incentives align the interests of consumers with the need to reduce=20
consumption and give consumers the ability to choose for themselves how to=
=20
participate.)=20

* Market participants in the Western states should agree to a self-imposed=
=20
"damage control" circuit-breaker mechanism for wholesale prices (Market=20
participants should individually establish for a limited time a voluntary=
=20
circuit-breaker wholesale price above which their company will not charge a=
ny=20
load serving entity.)=20

* Suppliers must be paid (Suppliers, who are still owed for deliveries made=
=20
last October, can not continue to sell power to California if they are not=
=20
confident that they will be paid.)=20

* Temporarily ease air-quality requirements to allow older power plants to=
=20
operate more hours during the year.

* Retain consumer choice options in selection of electricity suppliers (A=
=20
preferred alternative to the state becoming the only creditworthy party is=
=20
for consumers themselves to take on the credit responsibility by purchasing=
=20
directly from a third party supplier.)=20

* Suppliers' bid data should be released on a time-delayed basis to an=20
authorized monitor. (In order to satisfy the needs of both the public, and=
=20
the desires of the sellers, a repository of suppliers' bid data should be=
=20
kept by an authorized market monitor that is independent of both buyer and=
=20
seller influence.)=20

There are major policy changes for WPTF in a few of the bullet items, above=
.?=20
Therefore, the WPTF Board will need to hear from you either via e-mail or a=
t=20
next week's teleconference.? We are anticipating that a Board vote will tak=
e=20
place next Thursday, at the earliest.=20

Things in the People's Republic of California=20
?@@@ Is there a Credit Committee in your future?=20

Get organized now, and avoid the rush.? It may come to pass that we will=20
learn a whole new facet of business.? That is, the rules and procedures of=
=20
bankruptcy.? I was introduced to Mr. Jonathon Rosenthal of Saybrook Capital=
=20
earlier this week.? Saybrook is an investment-banking firm in LA that=20
specializes in purchasing defaulted bonds from issuers going through=20
difficult workouts and bankruptcies.? They represented many creditors in th=
e=20
Orange County bailout in 1994.? Remember that one?? Well, currently Saybroo=
k=20
is representing MBIA, the largest bond insurance company in the world, and =
a=20
major creditor against the utilities if the utilities do not pay their=20
bondholders.? MBIA is interested in discussing with other potential credito=
rs=20
the role of an informal credit committee prior to a petition for bankruptcy=
.=20

WPTF is playing a role by introducing Saybrook and MBIA to our membership.?=
=20
Towards that end, a teleconference call has been scheduled next Tuesday for=
=20
WPTF members, and Saybrook Capital.? Because it is a member's only call, an=
d=20
limited to potential creditors, interested parties must contact me for the=
=20
call-in number, and time.? If you want to learn more about Saybrook Capital=
,=20
their website address is www.saybrook.net.=20

Things in the People's Republic of California=20
?@@@ APX Announces Special Workshop on Feb 21=20

The PX markets are gone, and the ISO transmission market is a mess.? There=
=20
are no adjustment bids to provide economic signals regarding SCs willingnes=
s=20
to alter their schedules at various congested intertie points.? John Streme=
l=20
of APX made a presentation in Phoenix, last week, at the WPTF general meeti=
ng=20
on a proposal that APX may undertake to fill the adjustment-bid gap.? The=
=20
folks at APX wanted me to alert you regarding the special meeting on Februa=
ry=20
21, and encourage you to attend the workshop at their offices in Santa Clar=
a,=20
California.=20

Without a congestion market, all SCs stand to loose millions of dollars by=
=20
having schedules cut by the CAISO because there are no other short term=20
alternatives to congestion management.? The investment APX will require fro=
m=20
participants to develop an interim solution will be minor compared to the=
=20
financial impact without it.=20

APX is asking you to attend this meeting and to confirm your desire to help=
=20
fund a solution to be provided by APX.? Ultimately they will seek financial=
=20
commitments prior to developing a solution, but they believe it is feasible=
=20
to have a system in place well before the summer season.? Due to its interi=
m=20
nature, APX will seek a flat fixed fee such that its planned abandonment wi=
ll=20
not negatively impact APX with the more permanent change to congestion=20
management that will eventually be implemented by the CAISO.=20

Contact Michael L. Heinrich at APX for more information, 408-517-2159.? His=
=20
e-mail address is mheinrich@apx.com.=20

Things National=20
?@@@ FERC Kicks ISO Tariff Amendment 36 in the Chops=20

On Wednesday, FERC issued an order that you can download at=20
http://www3.ferc.fed.us/bulkpower/bulkpower.htm .? The order is in response=
=20
to several petitions, not the least of which is the ISO's proposed Tariff=
=20
Amendment 36.? The Amendment requested a relaxation of the credit requireme=
nt=20
of PG&E and SCE so that the ISO could continue ordering real-time generatio=
n=20
to meet the load of the two major load-serving entities.? FERC stated that=
=20
the credit requirement may be relaxed for the utilities' scheduling of thei=
r=20
own generation to meet their own load.? However, for all "net short"=20
purchases, the ISO can not relax the credit limit.? The FERC wisely counsel=
ed=20
the ISO to have a third party credit-worthy buyer sleeve the net short=20
schedules, such as DWR.? A credit worthy backer, said FERC, would encourage=
=20
more supply into the real-time market (e.g., supplemental energy) and reduc=
e=20
the need for out of market calls.=20

It would be tempting to conclude that generators with ISO PGA's, given the=
=20
FERC Order, do not have to respond to ISO calls if a credit worthy buyer is=
=20
not available to back the ISO payments.? But I don't think that is what FER=
C=20
was saying.? FERC was careful to avoid stepping on the toes of the US=20
District Court that is addressing that very petition made by the ISO, and=
=20
under which a temporary restraining order is in effect mandating that all=
=20
generators with ISO PGA's comply with ISO orders.? That case continues toda=
y=20
in federal court in Sacramento.? However, the FERC Order did do two things.=
?=20
One, if removed the risk that generators had the burden to sell to the ISO=
=20
even if the buyers were not credit worthy.? Two, it affirmed that=20
"reasonable" price is in FERC's authority, not the power buyer, i.e., DWR.?=
=20
Although not stated directly, DWR had been chanting in word and deed that i=
t=20
wouldn't pay prices that in their sole discretion were unreasonable.? That =
is=20
the type of uncertainty that can stop a market stone cold.=20

Maybe in next week's Burrito we will have a matrix of legal suits filed on=
=20
behalf of or against our members, and the state.? It would make things so=
=20
much easier to understand.? You can't tell the players without a program.=
=20

Things National=20
?@@@ Ohio Ushers in Retail Competition=20

Green Mountain's Rick Counihan is excited about a news release regarding a=
=20
community aggregation deal that his company is entering in Ohio, even as=20
California is moving=20
to end such possibilities.=20

Green Mountain Energy Company was selected to serve over 400,000 Ohio=20
electricity customers in the country=01,s largest-ever energy aggregation=
=20
contract.? The selection was made by the Northeast Ohio Public Energy Counc=
il=20
(NOPEC), a governmental, public electricity buying group formed to serve=20
nearly 100 communities in the area surrounding Cleveland.=20

Under the letter of understanding, NOPEC and Green Mountain Energy Company=
=20
will enter into a six-year supply contract.? With the addition of these new=
=20
Ohio customers, Green Mountain Energy Company=01,s total customer base will=
=20
surpass 500,000 across deregulated markets in California, Pennsylvania, New=
=20
Jersey and Connecticut.? The Company received regulatory approval in Januar=
y=20
to enter the Texas market later this year.=20

Under the terms of the letter of understanding, the NOPEC and Green Mountai=
n=20
Energy Company supply contract will provide for the Company to begin servin=
g=20
customers in September, 2001.=20

Odds & Ends (_!_)=20

Today my wife and I played hooky.? It was a belated Valentine's Day=20
celebration.? We took to the beautiful Napa Valley and enjoyed a three-hour=
=20
lunch on the Napa Valley Wine Train.? I highly recommend the journey.? The=
=20
food is superb, the train is a classic, and watching the valley of wineries=
=20
unfold to the rocking motion of the train is incredibly relaxing.? Nothing =
in=20
the world, not even our state energy crisis meant a thing during today's=20
adventure.=20

The train speaks to another era - a world that we might vaguely remember fr=
om=20
our childhood.? Nothing like it exists in our daily lives today.? Iron,=20
steel, brass, and wood paneling are everywhere.? The girth of the train car=
s=20
and engines are unlike the plastic moldings that coat our automobiles,=20
computers, and modern day tools.? Dining in a dome car with heavy sterling=
=20
silverware, starched white linen, attentive waiters and waitresses, and=20
classic cuisine lifts you from the humdrum of fast food to another time and=
=20
place.? In short, it was a thankful break from a stress-filled reality that=
=20
is taking all of us down.? Don't forget to let go every now and then. Okay?=
=20

Jobs, jobs, jobs.? It seems that many of you folks are changing jobs, and=
=20
others of you are eagerly trying to find people.? The demise of the PX=20
certainly provides the rest of us with some very qualified candidates.? I=
=20
encourage those of you trying to hire employees to post in the Burrito the=
=20
positions you are trying to fill.? Also, those of you looking for new=20
opportunities should drop me a Burrito line, and tell me what you are looki=
ng=20
for.? We might as well make the search as easy as possible.=20

Speaking of new jobs, Marcie Milner, formerly of Enron's Phoenix office=20
recently switched to Coral Energy, and relocated to Coral's La Jolla,=20
California office.? Best of luck to you, Marcie.? Marcie's new phone number=
=20
is 858-320-1506.=20

This week's humor injection is from Randy Young at Pinnacle West in Phoenix=
.?=20
Randy, we didn't see you on the golf course last week when we were in=20
Phoenix, but we'll accept your contribution any way.=20
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=20
Divine Advice=20

A businessman was in a great deal of trouble. His business was failing, he=
=20
had put everything he had into the business, he owed everybody - it was so=
=20
bad he was even contemplating suicide. As a last resort he went to a priest=
=20
and poured out his story of tears and woe.=20

When he had finished, the priest said, "Here's what I want you to do: Put a=
=20
beach chair and your Bible in your car and drive down to the beach. Take th=
e=20
beach chair and the Bible to the water's edge, sit down in the beach chair,=
=20
and put the Bible in your lap.=20

Open the Bible; the wind will riffle the pages, but finally the open Bible=
=20
will come to rest on a page. Look down at the page and read the first thing=
=20
you see. That will be your answer, that will tell you what to do."=20

A year later the businessman went back to the priest and brought his wife a=
nd=20
children with him. The man was in a new custom-tailored suit, his wife in a=
=20
mink coat, the children shining. The businessman pulled an envelope stuffed=
=20
with money out of his pocket, gave it to the priest as a donation in thanks=
=20
for his advice. The priest recognized the benefactor, and was curious.=20

"You did as I suggested?" he asked.=20
"Absolutely," replied the businessman.=20
"You went to the beach?"=20
"Absolutely."=20
"You sat in a beach chair with the Bible in your? lap?"=20
"Absolutely."=20
"You let the pages riffle until they stopped?"=20
"Absolutely."=20
"And what were the first words you saw?"=20

"Chapter 11."=20
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=20
The way things are going with high wholesale prices, and the utilities'=20
accumulated debt, the utilities are so broke they may need to file Chapter=
=20
10.5.=20

Have a great (holiday) weekend.? I'll be in Las Vegas for my son's ice hock=
ey=20
tournament.? Never a dull moment.=20

gba=20
?