Enron Mail

From:miyung.buster@enron.com
To:california.group@enron.com
Subject:Energy Issues
Cc:
Bcc:
Date:Fri, 6 Apr 2001 02:45:00 -0700 (PDT)

Please see the following articles:

Sac Bee, Fri, 4/6: "Energy supply setback: Big generator can't be forced
to sell emergency power to the state, a U.S. court rules"

Sac Bee, Fri, 4/6: "In TV address, Davis embraces rate increase"

Sac Bee, Fri, 4/6: Governor's speech transcript

Sac Bee, Fri, 4/6: "Dan Walters: Davis finally acknowledges 'crisis,' back=
s=20
a rate increase"

San Diego Union, Thurs, 4/5: "Davis endorses rate hikes, defends handling =
of=20
energy crisis"

San Diego Union, Thurs,4/5: "San Diego utility overspent $98 million,=20
consumer group says "

LA Times, Fri, 4/6: "Davis Acknowledges Need for Rate Hike"

LA Times, Fri, 4/6: "Putting the Heat on 2-Fridge Households"

SF Chron, Fri, 4/6: "Davis Proposes Tiered Plan To Boost Rates=20
Governor wants slightly lower increases than PUC adopted "

SF Chron, Fri, 4/6: "Legislature Pounds Out Conservation Package=20
Davis expected to sign $1.1 billion measures"

SF Chron, Fri, 4/6: "At least 3.6 million families face possible power=20
cutoffs"

Mercury News, Fri, 4/6: "Davis reveals plan, including rate hikes"

Mercury News, Thurs, 4/5: "Davis gives up fight against rate hikes"

Mercury News, Thurs, 4/5: "Western states share shortage of electricity"

Mercury News, Fri, 4/6: "Getting real on rates" (Editorial=
)

Orange County, Fri, 4/6: "Davis: Rate hikes a must"

Orange County, Fri, 4/6: "Davis' power-crisis plan brings questions from=
=20
Wall Street"

Orange County, Fri, 4/6: "Davis pulls energy switch"

Individual.com, Fri, 4/6: "[B] PG&E defaults on Los Alamos Energy power=20
payment"

Energy Insight, Fri, 4/6: "Energy-related firms fare well on Fortune 500=
=20
list" (Enron mentioned)
---------------------------------------------------------------------------=
---
----------------------------------------------------------

Energy supply setback: Big generator can't be forced to sell emergency powe=
r=20
to the state, a U.S. court rules.
By Denny Walsh and Carrie Peyton
BEE STAFF WRITERS
(Published April 6, 2001)=20
In a development that does not bode well for California's energy supply, a=
=20
federal appellate court Thursday halted enforcement of a lower court order=
=20
that a big electricity generator must sell emergency power to the state=20
without guarantee of payment.=20
State energy officials said the ruling wouldn't have any immediate effect b=
ut=20
could precipitate a power emergency if the generator decided to take a plan=
t=20
off-line for maintenance.=20
On March 21, citing "rolling blackouts (that have) darkened the California=
=20
landscape," U.S. District Judge Frank C. Damrell Jr. imposed an injunction=
=20
against Reliant Energy Services Inc., one of the nation's major generators.=
=20
Houston-based Reliant controls approximately 3,800 megawatts, or about 20=
=20
percent, of the gas-fired generation capacity in the state, and Damrell fou=
nd=20
that loss of that production "poses an imminent threat."=20
But Thursday, a three-judge panel of the 9th U.S. Circuit Court of Appeals=
=20
granted an emergency stay of the injunction, saying Reliant has shown "a hi=
gh=20
likelihood of success on the merits" of its appeal.=20
While not spelling it out, the panel apparently bases its finding on the=20
question of the courts' jurisdiction over the energy market. The panel=20
directed that a hearing on the appeal be scheduled for the second week in=
=20
July.=20
The decision leaves California's electric grid more fragile, at least=20
temporarily, according to the state Independent System Operator, which=20
maintains and controls power transmissions.=20
It gives the agency no immediate recourse if Reliant chooses to shut down a=
ny=20
of its plants for maintenance, said ISO Vice President Jim Detmers.=20
"It's not going to change anything overnight, and it's not going to change=
=20
anything over the weekend," said Detmers. "But if Reliant decided on a=20
unilateral action to take their units off for maintenance ... we definitely=
=20
could have a system emergency."=20
Reliant officials, when told of the ruling, took a conciliatory tone but=20
declined to specify their next move.=20
"Reliant ... has pledged to keep the lights on in California," said company=
=20
lobbyist Marty Wilson, and "is still of a mind to want to cooperate."=20
Without further comment, the appeals court judges cited a 1980 U.S. Distric=
t=20
Court decision. In that case, 14 cities sued Florida Power and Light Co.,=
=20
alleging that it was violating a number of laws in its sales of power and=
=20
production of electricity.=20
The judge found, however, that the Federal Power Act reserves oversight of=
=20
interstate utilities exclusively to the Federal Energy Regulatory Commissio=
n.=20
He ruled that only the commission may bring an action involving energy sale=
s=20
into federal court -- unless it is a request to review a commission order,=
=20
and that goes directly to an appellate court.=20
The lawsuit before Damrell was brought by the ISO to force Reliant and two=
=20
other generators to respond to ISO's emergency orders for power, even thoug=
h=20
the agency is buying on behalf of two retailers that are broke and hopeless=
ly=20
in debt.=20
Because Pacific Gas and Electric Co. and Southern California Edison can't p=
ay=20
their bills -- about $14 billion -- some wholesalers want to cut off sales =
to=20
the utilities.=20
The other three defendants in the ISO's suit -- Dynegy Power Corp. of Houst=
on=20
and Tulsa-based AES Corp. and its marketer, Williams Energy Marketing &=20
Trading Co. -- have entered into written agreements with ISO to continue=20
supplying emergency power until the FERC decides whether they are required =
to=20
sell to companies that are not creditworthy.=20
But Charles Robinson, ISO general counsel, points out that the generators c=
an=20
rescind those agreements with 48 hours' notice.=20
"My hope is this is a temporary setback," said Robinson. He added, however,=
=20
that the practical effect is "at least for now, we don't have a tool to=20
compel them to do what we believe they're obligated to do" -- respond to=20
emergency demands for power.=20
Reliant has insisted since the suit was filed Feb. 6 that Damrell has no=20
jurisdiction over the rate schedules that govern dealings between generator=
s=20
and the ISO, and that the Federal Power Act mandates that the FERC must=20
settle any disputes about terms of those tariffs.=20
In issuing the injunction, Damrell acknowledged that the FERC has special=
=20
expertise concerning agreements between generators and ISO.=20
"Absent the extreme exigencies of the California power crisis, the court=20
agrees that a stay pending further action by the FERC would be proper," he=
=20
said. "But those are not the facts here. Electricity is in critically short=
=20
supply. The health and safety of the people of California are potentially a=
t=20
risk."=20
Immediately upon receiving the 9th Circuit's order Thursday, attorneys for=
=20
the ISO asked Damrell to set an accelerated schedule for its motion to amen=
d=20
the suit. The agency apparently has crafted a new complaint stressing its=
=20
view that the matter is an ordinary contract dispute over which the judge h=
as=20
jurisdiction.=20
Damrell scheduled a hearing on the motion for Thursday.=20
In a further development that could complicate the state's dire need for=20
energy, an alternative supplier won a court fight Thursday to bypass the bi=
g=20
utilities and sell its power on the open market.=20
Timber giant Sierra Pacific Industries, which operates four biomass plants=
=20
that produce power for PG&E, obtained a temporary restraining order in=20
Sacramento Superior Court that says Sierra Pacific is not required to sell=
=20
its power to PG&E.=20
The ruling means PG&E and Southern Edison could lose power as alternative=
=20
energy generators, fed up with months of nonpayment, sue to be able to sell=
=20
their comparatively cheap product elsewhere, including outside the state.=
=20

The Bee's Denny Walsh can be reached at (916) 321-1189 or dwalsh@sacbee.com=
.=20
Bee staff writer Dale Kasler contributed to this report.=20
---------------------------------------------------------------------------=
---
------------------------------------------------------------------
In TV address, Davis embraces rate increase
By Dan Smith
BEE DEPUTY CAPITOL BUREAU CHIEF
(Published April 6, 2001)=20
Seeking to ease Californians' energy fears, Gov. Gray Davis on Thursday=20
proposed a tiered electricity rate increase that would hit the heaviest pow=
er=20
users the hardest.=20
The Democratic governor, whose popularity has been plummeting, told a=20
statewide television audience in a five-minute speech from his Capitol=20
office: "It's become increasingly clear ... that some rate increases now ar=
e=20
necessary to keep our lights on and our economy strong."=20
The address came as California enters its fifth month of acute power woes=
=20
that have resulted in periodic electricity blackouts.=20
In embracing a rate increase as part of the solution to California's energy=
=20
nightmare, Davis joined a long list of financial and energy experts --=20
including members of his own staff -- who for months have said a rate=20
increase is imperative.=20
The state Public Utilities Commission last week approved a $4.8 billion a=
=20
year, average 30 percent rate increase for customers of cash-strapped Pacif=
ic=20
Gas and Electric Co., Southern California Edison and San Diego Gas &=20
Electric.=20
But Davis said his plan, which he will ask the PUC to approve instead, is=
=20
better. Administration officials said the governor's plan goes easier on=20
commercial users and conservation-minded residential users, but preserves t=
he=20
largest rate increases for heavy residential users. Sacramento Municipal=20
Utility District customers would be unaffected by Davis' proposal.=20
The 55 percent of PG&E residential customers who use less than 130 percent =
of=20
the "baseline" amount of power, for instance, would see no increase. Medium=
=20
users -- those using between 130 percent and 200 percent of the baseline=20
amount -- would see an average bill of $70 rise to $77. But heavy users wou=
ld=20
see their bills go from $138 a month to $189.=20
"Here's the point," Davis said. "The more you use, the more you pay. The mo=
re=20
you conserve, the more you save. Conservation is our best short-term weapon=
=20
against blackouts and price gouging."=20
The rate increase would come on top of an average 9 percent residential rat=
e=20
increase imposed in January. Davis advisers said the proposed increase woul=
d=20
eliminate the need for an additional 10 percent increase scheduled to take=
=20
effect next year.=20
Davis said his plan would raise enough money to "restore the utilities to=
=20
financial stability" if the companies agree to sell their transmission line=
s=20
to the state, drop their lawsuits against the state and promise to sell che=
ap=20
power for 10 years. The administration has been negotiating to buy the powe=
r=20
transmission lines for weeks, and has made little progress with PG&E.=20
Even though the governor's rate proposal would raise about 15 percent less=
=20
revenue than the PUC plan, administration officials insisted it would provi=
de=20
the utility companies enough money to cover future power purchases and redu=
ce=20
their debts over time. They said they discovered that the state can buy pow=
er=20
more cheaply than the PUC thought it could and presumed greater savings=20
through conservation.=20
Davis' plan relies heavily on floating billions of dollars in bonds,=20
essentially stretching the impact of a rate hike over as many as 15 years.=
=20
Not only would the state borrow about $12 billion to pay for its purchases,=
=20
but the utilities would borrow about $8 billion. They'd repay the $8 billio=
n=20
through a slice of the money generated by the rate increase. The utilities=
=20
also would get a cash infusion of something less than $7 billion from the=
=20
sale of the transmission grid.=20
Harvey Rosenfield of the Foundation for Taxpayer and Consumer Rights said=
=20
Davis' numbers, while apparently offering a "bailout" of utilities' debts=
=20
designed to please Wall Street, simply don't add up.=20
"He's cooking the books to lower the apparent price to the public, and then=
=20
they're going to figure out a way to ram this down our throats after the 20=
02=20
election," he said.=20
Analysts called the plan long overdue and questioned whether it would work.=
=20
"It's definitely a plan from the Wall Street cookbook, but can he get it=20
done? Can he get it done in a believable time frame?" said bond analyst Sha=
wn=20
Burke of Barclays Capital in New York.=20
Davis' speech disappointed nearly all other parties.=20
"Unfortunately, the steps the governor announced tonight still do not appea=
r=20
to offer a comprehensive solution to resolve California's energy crisis,"=
=20
PG&E said in a prepared statement.=20
Davis continued to blame power generators for "ripping us off" and federal=
=20
regulators for failing to stop them, and spent much of his speech detailing=
=20
the steps that he and state lawmakers have taken to confront the crisis thu=
s=20
far.=20
"Those around (the Capitol) have heard the speech," said Senate President P=
ro=20
Tem John Burton, D-San Francisco. "He was talking to 34 million Californian=
s=20
who hadn't."=20
Some gubernatorial advisers had been pushing for the speech for weeks,=20
arguing that Davis needed to explain his actions -- and his intentions -- a=
s=20
the onset of warm weather enhances the prospect of power blackouts.=20
Davis has come under increasing criticism, including from some members of h=
is=20
own party, for failing to stem the crisis. Detractors say Davis has been=20
indecisive -- even inattentive -- in his handling of the crisis, while his=
=20
proposals falter in the Legislature and at negotiating tables with=20
near-bankrupt utilities.=20
Consumer groups, meanwhile, say Davis' failure to more forcefully take on=
=20
power generators has allowed the crisis to fester, and they blame him for t=
he=20
rate increases. As the 2002 re-election campaign looms, some private polls=
=20
now say support for the once-popular Davis is eroding.=20
Davis didn't make believers out of Republicans. Assembly GOP leader Dave Co=
x=20
said the speech was more talk than substance. "Frankly, he didn't offer any=
=20
new solutions to the problems," said Cox, of Fair Oaks. "What we heard=20
tonight was the governor saying, 'Oops, I guess we're going to have to rais=
e=20
rates,' while all along he'd been saying a rate increase wasn't necessary.=
=20
And, frankly, it wasn't necessary if we'd gotten started back in September.=
"=20
Also on Thursday, the Legislature sent Davis a $1.1 billion conservation an=
d=20
low-income assistance package aimed at reducing California's risk of rollin=
g=20
blackouts this summer.=20
By passing two bills -- SB 5x by state Sen. Byron Sher, D-Palo Alto, and AB=
=20
29x by Assemblywoman Christine Kehoe, D-San Diego -- lawmakers met their=20
stated goal of sending conservation measures to Davis before heading off on=
a=20
weeklong spring recess.=20

The Bee's Dan Smith can be reached at (916) 321-5249 or smith@sacbee.com.=
=20
Bee Staff Writers Amy Chance, John Hill, Kevin Yamamura, Dale Kasler and Ji=
m=20
Sanders contributed to this report.=20
---------------------------------------------------------------------------=
---
-------------------------------------------------------------------------
Governor's speech transcript


(Published April 6, 2001)=20
Here is the text of Gov. Gray Davis' remarks on energy:=20
Good evening. I'm speaking to you tonight from Sacramento on the most=20
difficult issue facing California: our energy crisis.=20
Simply stated, we have two problems: Supply is too low and costs are too=20
high. Both result from the flawed deregulation scheme created back in 1996.=
=20
But no matter how we got into this mess, you hired me to solve problems. An=
d=20
that's what I'm doing.=20
The only long-term solution is to build more power plants. We must also cut=
=20
back on consumption and stabilize the utilities. But prices won't fall and=
=20
supply won't be truly reliable until we generate more power than we consume=
.=20
Yet in the 12 years before I took office, not a single major power plant wa=
s=20
built in California. Not one. Since I became governor, we've licensed 12=20
major power plants. Ten more are in the pipeline. And we're doing this=20
without weakening our commitment to clean air and clean water.=20
Deregulation required the utilities to sell off many of their power plants =
to=20
independent generating companies. The generators are free to charge whateve=
r=20
they want because they're governed only by federal regulators who refuse to=
=20
control wholesale energy prices.=20
This past winter, the prices charged by the generators shot through the roo=
f,=20
driving the utilities to the brink of bankruptcy.=20
In January, with the feds still refusing to do their job, California steppe=
d=20
in to purchase the power the utilities could no longer afford to buy. We=20
didn't take over to save the utilities. We took over to keep the power on a=
nd=20
the economy strong. That's not all:=20
We also negotiated long-term contracts for electricity at vastly lower=20
prices.=20
I used my emergency powers to seize control of low-cost power contracts the=
=20
utilities were about to forfeit to the generators.=20
We began negotiations to buy the utilities' transmission system.=20
We cut red tape and offered cash incentives to speed up construction of pow=
er=20
plants.=20
We're launching an $800 million conservation program.=20
We're moving to establish a public power authority to build more power. If=
=20
the private sector fails to build all the plants California needs, we'll=20
build them ourselves.=20
And because I share your concern that the generators are ripping us off,=20
we're using every legal remedy to root out and punish illegal conduct.=20
We can't fix 12 years of inaction overnight. But we're making real progress=
.=20
Now, as you know, I have fought tooth and nail against raising rates. It's=
=20
become increasingly clear, however, that with rising natural gas prices, th=
e=20
feds' failure to control costs, and the state's lack of supply, that some=
=20
increases now are necessary to keep our lights on and our economy strong.=
=20
But I remain committed to protecting average Californians from massive rate=
=20
hikes. So I'm urging the Public Utilities Commission to adopt a plan that=
=20
will protect average consumers, reward those who conserve and motivate the=
=20
biggest users to cut back.=20
Under my proposal, more than half of you won't pay a penny more. For the=20
rest, the average increase will be 26 and a half percent. But many in that=
=20
group will pay only about a 10 percent rate increase. The heaviest users wi=
ll=20
see their rates rise 34 and a half percent on average. That includes busine=
ss=20
paying their share. This is in addition to the 9 percent surcharge we've al=
l=20
been paying since last winter.=20
But all Californians can reduce their bills through conservation.=20
Here's the point: The more you use, the more you pay. The more you conserve=
,=20
the more you save. Conservation is our best short-term weapon against=20
blackouts and price-gouging. By flexing your power, you'll help secure our=
=20
energy future.=20
Unlike the PUC, my plan includes funds to restore the utilities to financia=
l=20
stability -- if they agree to three main conditions:=20
They must provide low-cost regulated power to the state for 10 years. Agree=
=20
to sell us their transmission system. And dismiss their lawsuits which seek=
=20
to double your electricity rates.=20
My proposal raises rates fairly, assures us of long-term power, stabilizes=
=20
the utilities and promotes conservation.=20
Our emphasis on conservation is critical. In order to make it through the=
=20
summer, we must cut demand by at least 10 percent.=20
Already we've launched programs to cut back commercial lighting, and reduce=
=20
consumption in office buildings, supplies and government facilities.=20
My friends, we do have a power shortage but we are far from powerless. We a=
re=20
34 million strong and if each of us does our part, we can minimize=20
disruptions and get through the summer. We are Californians. We've withstoo=
d=20
earthquakes, floods, fires, and droughts.=20
Yes, this mess is man-made, but with your help and God's blessing, we'll ge=
t=20
through this as well.=20
Thank you and good night.=20
---------------------------------------------------------------------------=
---
--------------------------------------------------
Dan Walters: Davis finally acknowledges 'crisis,' backs a rate increase


(Published April 6, 2001)=20
Gov. Gray Davis -- under fire from the media and other politicians for his=
=20
passive, incremental handling of the state's deepening energy crisis --=20
unveiled Thursday what he said was a comprehensive scheme to resolve it,=20
including a hefty increase in power rates paid by most consumers.=20
It was a full-court press by Davis and his administration, including a brie=
f=20
statewide television address and a turnout of aides to sell the scheme to t=
he=20
media. Davis -- for the first time -- even used the term "crisis" to descri=
be=20
the situation after weeks of insisting it was merely a "challenge."=20
Clearly, a major motivating factor in the governor's new activism is that h=
is=20
own re-election in 2002 is now in peril if the energy crisis persists and h=
e=20
continues to deal with it reactively. Editorial writers have been describin=
g=20
Davis' reactive approach as cowardly, and private polls have been indicatin=
g=20
that since an unexpected power blackout hit last month, Davis' approval=20
ratings have been plummeting, from well over 60 percent to perhaps half tha=
t=20
level. And certainly Davis' own nonstop polling has told him the same thing=
.=20
While much of Thursday evening's five-minute address was a truncated versio=
n=20
of what Davis has been saying publicly for the past few weeks, most recentl=
y=20
at the state Democratic convention in Anaheim last weekend, the one new=20
element was an endorsement of rate increases after months of insisting that=
=20
the problems could be resolved "within the existing rate structure." Davis=
=20
proposed a rate boost similar in structure, but apparently slightly less,=
=20
than the one tentatively endorsed by the state Public Utilities Commission=
=20
last week. Davis had insisted that the PUC, although controlled by his=20
appointees, had acted on its own, but the widespread skepticism about that=
=20
posture merely added to his image problems.=20
Like the PUC plan, the Davis rate scheme would concentrate the rate increas=
es=20
on heavy residential power users and businesses. "I'm urging the (PUC) to=
=20
adopt a plan that will protect average consumers, reward those who conserve=
=20
and motivate the biggest users to cut back," Davis said, adding that the pl=
an=20
will "restore the utilities to financial stability" if they agree to sell=
=20
their intercity power transmission system to the state, provide low-cost=20
power to the state for 10 years and drop federal lawsuits seeking=20
compensation for their immense debts.=20
It's unclear, however, whether the average 26.5 percent boost in rates to=
=20
customers of the three major privately owned utilities -- about 70 percent =
of=20
Californians -- will do all that the Democratic governor insists it will. H=
e=20
and his aides say it will cover the $5 billion or so that the state's gener=
al=20
fund already has spent on emergency power purchases since January, finance=
=20
future purchases and still provide enough "headroom" to pay off the=20
utilities' $13 billion in debts, part of which would be covered by the=20
transmission grid buyout. But the utilities and their creditors were alread=
y=20
complaining that the PUC's somewhat larger rate boost was too small to cove=
r=20
all the various costs and debts.=20
Davis aides refused to release specific numbers on how each cost factor wou=
ld=20
be covered by the proposed rate boost. The governor's hike would come on to=
p=20
of a 9 percent surcharge on power bills imposed in January and now being ma=
de=20
permanent.=20
Even if it pencils out and is implemented by the PUC, however, the Davis pl=
an=20
would leave Californians with some of the nation's highest utility rates an=
d=20
invite a backlash from consumer activists who have been threatening to=20
sponsor a 2002 ballot measure if there's a "bailout" of utilities. The plan=
=20
would also have to win the approval of Wall Street bankers, who would=20
underwrite and market the billions of dollars in bonds that Davis wants to=
=20
float to pay for past debts and future power costs.=20
Will it be implemented? Will it work? Will it arrest Davis' slide in the=20
polls? No one can say for certain -- and that includes the governor himself=
.=20

The Bee's Dan Walters can be reached at (916) 321-1195 or dwalters@sacbee.c=
om
.=20
---------------------------------------------------------------------------=
---
------------------------------------------------------------------------

Davis endorses rate hikes, defends handling of energy crisis=20



By Jennifer Coleman
ASSOCIATED PRESS=20
April 5, 2001=20
SACRAMENTO =01) Gov. Gray Davis told Californians in a live address Thursda=
y=20
night that he now thinks rate increases are needed to resolve the state's=
=20
power crisis.=20
Davis, reacting to record rate hikes of up to 46 percent approved by state=
=20
regulators last week for Pacific Gas and Electric Co. and Southern Californ=
ia=20
Edison power customers, said he wants to make those who use the most=20
electricity bear the bulk of the price hikes.=20
"The more you conserve, the more you save," Davis said. "Conservation is ou=
r=20
best short-term weapon against blackouts and price-gouging."=20








San Diego utility overspent $98 million, consumer group says=20
Text of Gov. Gray Davis' energy speech=20
?=20



Speaking from his Capitol office in a televised five-minute speech, Davis=
=20
lashed out at federal power regulators for failing to help California and=
=20
defended his handling of the state's energy problems.=20
The Democrat told viewers California's short power supply and high wholesal=
e=20
costs are the result of a "flawed deregulation scheme" signed into law in=
=20
1996 by then-Republican Gov. Pete Wilson.=20
"But no matter how we got into this mess, you hired me to solve problems an=
d=20
that's what I'm doing," he said.=20
Davis said he has fought utility rate increases "tooth and nail" but now=20
thinks they are needed to help finance the state's power purchases on behal=
f=20
of Edison, PG&E and a third strapped utility, San Diego Gas & Electric.=20
The power buys have cost taxpayers $4.7 billion since January, money that=
=20
will eventually be recouped from ratepayers.=20
Davis said the utilities were pushed to the brink of bankruptcy by soaring=
=20
wholesale power costs and federal regulators' refusal to cap wholesale=20
prices.=20
"In January, with the feds still refusing to do their job, California stepp=
ed=20
in to purchase the power the utilities could no longer afford to buy," Davi=
s=20
said. "We didn't take over to save the utilities. We took over to keep the=
=20
power on and the economy strong."=20
Davis, who repeatedly has said the state can resolve the power problems=20
without rate hikes, told viewers he now thinks rate increases are necessary=
=20
to finance the power purchases.=20
His new stance comes after the state Public Utilities Commission last week=
=20
approved rate increases of up to 46 percent for customers of Edison and PG&=
E.=20
The commission has not yet decided how to spread the rate increases among t=
he=20
utilities' customers.=20
Davis said he will propose a tiered rate plan that would mean a 26.5 percen=
t=20
rate increase for the average customer. Under the governor's plan, the=20
heaviest power users would see an average 34.5 percent rate increase.=20
According to the Davis administration, the governor's plan would let Edison=
,=20
PG&E and the state's third investor-owned utility, San Diego Gas & Electric=
,=20
to make a total of $8 billion in debt payments over a decade.=20
Davis' plan would shift the burden of the PUC rate increase to heavier=20
residential, commercial and industrial power users while largely sparing=20
agricultural users, who would only see increases of 5 to 15 percent.=20
"We are going to take the governor's proposal under advisement and give it =
a=20
lot of weight, I suspect," PUC Commissioner Carl Wood said, adding that the=
=20
commission will seek input from consumer groups and businesses before makin=
g=20
a final decision.=20
The three utilities say they have lost more than $14 billion since June due=
=20
to soaring wholesale power costs. More than $13 billion of that comes from=
=20
Edison and PG&E, who have been barred under the state's deregulation law fr=
om=20
recovering the rising costs from their customers.=20
Davis =01) facing mounting pressure from Republicans and fellow Democrats t=
o=20
resolve California's energy crisis =01) delivered the speech from behind a =
desk,=20
with his hands clasped in front of him.=20
He assured residents that the state would survive the crisis.=20
"We are Californians. We've withstood earthquakes, floods, fires and=20
droughts," Davis said. "Yes, this is man-made, but with your help and God's=
=20
blessing, we'll get through this as well."=20
He said he would stand by his plan to help restore the utilities to financi=
al=20
health by negotiating state acquisition of their transmission lines and=20
requiring them to sell low-cost power to the state for a decade and drop=20
their lawsuits seeking to double their electric rates.=20
Davis urged Californians to help cut power use 10 percent to fend off rolli=
ng=20
blackouts this summer, when residents will crank their air conditioners and=
=20
demand will rise sharply.=20
The Legislature on Thursday afternoon sent Davis proposals that would spend=
=20
$1.1 billion on conservation programs for consumers and businesses. Davis=
=20
plans to sign the measures.=20
He listed actions he has taken to try to solve the power crisis, including=
=20
negotiating long-term contracts to purchase power and buy the utilities'=20
transmission lines.=20
Davis also said he has cut red tape and provided incentives to speed power=
=20
plant construction after a decade with none built.=20
"We can't fix 12 years of inaction overnight. But we're making real=20
progress," he said.=20
The speech, the first such message Davis has delivered besides his annual=
=20
State of the State address, comes as the GOP and even fellow Democrats=20
criticize the governor's handling of the crisis.=20
Consumer groups, angered by the rate increases, are promising a revolt at t=
he=20
polls in 2002, planning to roll back the rate hikes through an initiative=
=20
that would share the ballot with Davis, who is up for re-election then.=20
Consumer advocate Harvey Rosenfield said Davis is failing to protect utilit=
y=20
customers. He compared power suppliers to blackmailers charging an=20
"extortionary price for electricity."=20
"Nothing the governor has said tonight will do anything to stop the=20
profiteers," said Rosenfield of the Foundation for Consumer and Taxpayer=20
Rights in Santa Monica.=20
Power supplier Duke Energy said it has done nothing wrong and doesn't deser=
ve=20
criticism for the wholesale prices.=20
"We are running our power plants at historically high levels to keep=20
consumers' lights on," Duke said in a written statement.=20

---------------------------------------------------------------------------=
---
----------------------------------------


San Diego utility overspent $98 million, consumer group says=20



ASSOCIATED PRESS=20
April 5, 2001=20
SAN FRANCISCO =01) San Diego Gas and Electric Co. could have saved its cust=
omers=20
$98 million by buying electricity using contracts rather than over-relying =
on=20
purchases from the expensive daily market, a state consumer agency says.=20
The state Office of Ratepayer Advocates, the consumer arm of the Public=20
Utilities Commission, filed testimony Thursday recommending the PUC not all=
ow=20
the San Diego utility to pass along the amount to its customers.=20
A call to Sempra Energy Corp., the parent company of SDG&E, was not=20
immediately returned Thursday night.=20
In August, the state Legislature capped electricity rates at 6.5 cents per=
=20
kilowatt hour for the customers of SDG&E after customers saw their bills=20
skyrocket when the utility began passing along the market price of power.=
=20
Since the price cap, SDG&E has undercollected around $400 million from its=
=20
customers, said Steve Linsey, an ORA supervisor.=20
"Had SDG&E acted reasonably and prudently, SDG&E rates still would have=20
increased, but not by nearly as much," read a statement from the ORA.=20
"We're not saying that they could have seen the level or extent that the=20
overpricing occurred," Linsey said. "But just based on the history and=20
volatility of the market and supply and demand fundamentals that would have=
=20
led them to hedge their portfolio rather than being totally exposed to the=
=20
spot market."=20

---------------------------------------------------------------------------=
---
------------------------------------


Davis Acknowledges Need for Rate Hike=20

Electricity: In a statewide TV broadcast, he says the average would be 26.5=
%.=20
For the first time, he calls situation a "crisis."=20

By DAN MORAIN, Times Staff Writer=20

?????SACRAMENTO--After spending months voicing opposition to rate hikes, Go=
v.=20
Gray Davis acknowledged to a statewide television audience Thursday night t=
he=20
need for an electricity rate increase that would average 26.5%.
?????For the first time calling it an "energy crisis," Davis enumerated ste=
ps=20
he has taken, then said he has fought "tooth and nail against raising rates=
."=20
But citing a need for increases, the Democratic governor called for a tiere=
d=20
system in which people who use the most electricity pay the most--as much a=
s=20
37% more if they use more than twice their minimum allotment.
?????"Here's the point: The more you use, the more you pay," Davis said. "T=
he=20
more you conserve, the more you save. Conservation is our best short-term=
=20
weapon against blackouts and price gouging."
?????Davis said his proposed rate plan is sufficient to help reduce the=20
$13-billion debt of Southern California Edison and Pacific Gas & Electric.=
=20
Although the bulk of the rate increase would be used to help California=20
finance bonds for long-term power purchases, about 10% to 15% would be=20
earmarked for the utilities--so long as they agree to sell their transmissi=
on=20
lines to the state, according to the administration.
?????The decision to offer the utilities at least some rate hike monies=20
brought a sharp response from lawmakers. Consumer advocates also are sure t=
o=20
be unhappy.
?????"We are not in this business to bail out these guys," said Senate=20
President Pro Tem John Burton (D-San Francisco).
?????Added Harry Snyder of Consumers Union: "Absolute giveaway . . . He is=
=20
going to pay them off completely for all their mistakes."
?????The governor took the unusual step of reserving air time on statewide=
=20
television at a time when he is slipping in polls and surveys show that the=
=20
public is increasingly concerned about the energy crisis. Gov. Pete Wilson=
=20
took a similar step during the recession in 1992 when he moved to raise tax=
es=20
and cut government spending.
?????The speech took on greater urgency as the California Independent Syste=
m=20
Operator, the entity that oversees power distribution, warned Thursday that=
=20
the state will face 34 days of rotating blackouts if consumers and business=
es=20
use the same amount of electricity this summer that they did last year. The=
=20
blackouts could be extensive enough to darken 5 million homes at once.
?????The governor's speech came hours after the Legislature approved a reco=
rd=20
$1.1 billion in energy conservation measures designed to provide consumers=
=20
with incentives to reduce electricity use.=20
?????In his speech, Davis renewed his call to Californians to curtail=20
electricity use by at least 10%, even as a new report was issued warning th=
at=20
the state faces repeated summer blackouts because of a major gap in the=20
supply of power during the coming months.
?????"We are 34 million strong, and if each of us does our part, we can=20
minimize disruptions and get through the summer," Davis said.
?????The governor did not speak in detail on any issue, including the rate=
=20
hike. The talk lasted a mere five minutes, delivered in fewer than 800 word=
s.
?????Under Davis' proposal, Southern California Edison residential customer=
s=20
would face an average increase of 2.21 cents per kilowatt hour. San Diego G=
as=20
& Electric customers would have a 2.57-cent hike, while Pacific Gas &=20
Electric would have a 2.44-cent boost. Business rates would rise slightly=
=20
more.
?????Davis blamed the rate hikes on rising natural gas prices, a lack of=20
adequate generation and the federal government's refusal to cap wholesale=
=20
power prices.
?????Rates for customers of the state's two largest utilities rose 9% in=20
January. That boost remains in effect. Legislation approved earlier this ye=
ar=20
bars further rate increases for those who use up to 30% more than their=20
so-called baseline allocation.
?????According to administration estimates, 53% of consumers would experien=
ce=20
no rate hike beyond the 9% boost approved in January. A fourth of all=20
households would face increases averaging 34.5%.
?????Under the proposal, which requires Public Utilities Commission approva=
l,=20
people who use up to 200% of their baseline allocation would see rates on=
=20
that portion of their electricity use go up by 9%, plus the 9% already=20
imposed for a total of 18%.
?????Electricity users who consume more than twice their baseline allocatio=
n=20
would pay between 33% and 37% more for kilowatts used beyond 200% of their=
=20
baseline allocation.
?????Davis' proposed rate increase is somewhat lower than that proposed by=
=20
the PUC, in part because he had more information, including the price that=
=20
the state is paying for electricity, his aides said.
?????"My proposal raises rates fairly, assures us of long-term power,=20
stabilizes the utilities and promotes conservation," Davis said.
?????Although there has been wide news coverage of the crisis, the governor=
's=20
aides said Davis felt a need to talk directly to Californians to sum up the=
=20
steps that he has taken to solve the problem.
?????Perhaps adding to the urgency, utility customers could start seeing=20
increases in their bills as early as next month. Further raising the stakes=
=20
for the speech, Davis warned this week that supplies will be so short that=
=20
there could be blackouts by the end of the month, and continue into May and=
=20
June.
?????"The public is more aware of what is going on on this issue than any=
=20
other issue I have seen, ever," said Democratic political consultant Gale=
=20
Kaufman. "People have gotten three or four bills that they're unhappy with=
=20
and they may have been in a blackout or two. There is a concern for the=20
future.
?????"By not talking to the public for a long time," Kaufman said, "and=20
focusing it on one speech in one day, people will dissect this five minutes=
,=20
much more than if he would have had a regular dialogue."
?????In what some political consultants see as a reflection of Davis'=20
declining political strength, a recent Times poll showed that in Davis'=20
hometown of Los Angeles, only 14% are more likely to vote for a candidate=
=20
endorsed by Davis, while 21% would be less likely.
?????Several recent private polls show that a majority of Californians woul=
d=20
not vote to reelect Davis if he were on the ballot today, though Davis does=
=20
not face voters in a general election for 19 months, giving him plenty of=
=20
time to recover.
?????"People need to be reassured that there is a strong sense of direction=
,"=20
said Bill Carrick, a Democratic consultant. "I don't think people are looki=
ng=20
for a magic wand. But they need a sense that there is sense of direction."
?????Other political consultants said Davis used television to get his=20
message out because newspaper accounts have raised questions about his=20
handling of the situation. Also, voters who get the bulk of their informati=
on=20
from television news generally have less knowledge about the nuances of the=
=20
crisis.
?????"He is not doing well with the print story," said Republican consultan=
t=20
Wayne C. Johnson, "so he has decided to change venues."
?????Johnson, like many consultants, also said the governor's declining pol=
l=20
numbers likely influenced his decision to make the television appearance,=
=20
carried on most stations across the state during 6 p.m. news shows.
?????"Gray Davis doesn't do anything that the polls don't dictate," Johnson=
=20
said. "He is doing this because the polls show his support is in free-fall.=
"
?????Until Thursday, Davis had not characterized the situation as a "crisis=
,"=20
instead calling it a "challenge." That euphemism raised the hackles of many=
=20
legislators.
?????"It's pretty clear: The public is angry and scared," said state Sen. D=
on=20
Perata (D-Alameda). "They want a sense that someone is in control, and that=
=20
there is some certitude of where we're going. We're lacking both."
?????The Legislature, meanwhile, approved two measures touted as ways to cu=
t=20
the state's power needs this summer, when hot temperatures traditionally=20
cause demand to surge--a situation that this year could result in blackouts=
.
?????The bills had been bogged down in squabbling between the Assembly and=
=20
Senate. The delay raises questions about whether the conservation incentive=
s=20
will be in place long enough to have an immediate effect.
?????The bills, a $709-million measure by state Sen. Byron Sher (D-Stanford=
)=20
and a $409-million measure by Assemblywoman Christine Kehoe (D-San Diego),=
=20
contain a dizzying range of financial "carrots" designed to help people cut=
=20
power use.
?????There is $50 million to help low- and moderate-income consumers replac=
e=20
energy-wasting appliances such as old refrigerators with new, more=20
energy-efficient equipment, $60 million to help consumers replace older=20
lighting systems, $7 million to teach school children about energy=20
efficiency, and $50 million for electricity meters for businesses.
?????The Senate bill won final passage on a 31-6 vote; the Assembly bill=20
cleared the Legislature on a 55-15 vote. However, not everyone supported th=
e=20
concept of government subsidies to reduce power use.
?????Meanwhile, utility watchers issued gloomy reports early Thursday,=20
helping to drag down the stocks of Edison International and PG&E Corp.,=20
parent corporations of the beleaguered utilities. Edison closed at $12.64 p=
er=20
share, down 34 cents or 2.6%, while PG&E fell to $11.38 per share, down 27=
=20
cents or 2.3%, on the New York Stock Exchange.
?????Standard & Poor's said it is unlikely that Southern California Edison=
=20
and Pacific Gas & Electric will regain a sound credit rating soon. The Wall=
=20
Street debt-rating firm lowered the utilities' credit rating to high-risk=
=20
junk-bond status in January when they began defaulting on debt.
?????Standard & Poor's cited a lack of action by Davis and state legislator=
s,=20
and said rate increases approved by the PUC will not be sufficient to pay a=
ll=20
electricity costs. Banks and other creditors will run out of patience befor=
e=20
long unless a settlement is reached to help the utilities pay past debts,=
=20
Standard & Poor's said.
?????The firm predicted that "the coming weeks are likely to be critical if=
=20
the utilities are to be made financially sound companies once again and avo=
id=20
bankruptcy proceedings."

---------------------------------------------------------------------------=
---
-------------------------------------------------------------------

Putting the Heat on 2-Fridge Households=20

Electricity: Utilities intensify bid to cut the numbers of spare iceboxes a=
nd=20
freezers, which experts say use enough energy to power 200,000 homes.=20

By MARTHA L. WILLMAN, Times Staff Writer=20

?????Parked next to the two cars in Gordon Gould's Valencia garage is a=20
side-by-side white Whirlpool refrigerator, stocked with all the TV dinners,=
=20
Dreyer's ice cream and cold Pepsi he can't squeeze into the duplicate fridg=
e=20
in his kitchen.
?????To conservationists, Gould's extra refrigerator--and 1 million more li=
ke=20
it in garages throughout the state--is a symbol of how our energy-guzzling=
=20
lifestyle is straining the state's power supply. To Gould, it's something h=
e=20
can't bear to live without.
?????"I need it for drinks and frozen foods," said Gould, 78, who has lived=
=20
alone since his wife died last fall. "We've always had two refrigerators. I=
=20
absolutely need it."
?????You wouldn't think of this dilemma as a key part of California's=20
electricity crisis. Yet the state Public Utilities Commission is prepared t=
o=20
spend nearly $10 million this year to persuade people to turn in their gara=
ge=20
iceboxes.
?????The California Energy Commission estimates that spare refrigerators an=
d=20
freezers throughout the state suck up enough juice to collectively power=20
200,000 homes. After air-conditioning units, refrigerators are considered t=
he=20
largest consumers of electricity in the typical household.
?????Many owners of spare refrigerators view them as a necessity. Whether=
=20
that is true or not, people will tenaciously cling to the appliances becaus=
e=20
they offer "a little extra security" at a time in which many still do not=
=20
believe that an energy crisis is real, said Dallas Willard, a USC philosoph=
y=20
professor.
?????"It represents the idea of something in reserve, and there is not very=
=20
much that people have in reserve in this culture," Willard said. "We go for=
=20
elaborate security systems such as SUVs with giant tires that look like the=
y=20
could run over small buildings, or huge ugly dogs that serve no purpose but=
=20
to scare people. It's a sense of a fragility of the system put together wit=
h=20
not being sure there is a problem there."
?????Then, too, homeowners can expect scant financial rewards, at least=20
immediately, for giving up their garage refrigerators. In Southern Californ=
ia=20
Edison's territory, owners are paid just $35, or offered $50 worth of compa=
ct=20
fluorescent light bulbs, in exchange for working refrigerators. As the=20
program expands to Northern California and San Diego County, the bounty wil=
l=20
rise to $75. Die-hard adherents of spare refrigerators, such as Gould, scof=
f=20
at such offers.
?????"It's important to me," he said, adding that he wouldn't consider even=
a=20
$75 rebate. "There's not enough room in my other one."
?????He's got plenty of company. A few blocks away, Robin Ray keeps a simil=
ar=20
grip on the 1980s-vintage Kenmore standing tall in his garage.
?????"I utilize that refrigerator way too much to get rid of it," said Ray,=
=20
38, who lives with his wife and their 5-year-old son. "We use it to store a=
ll=20
the extra meat, fish and chicken we buy every time we run to Costco."
?????Mary Potts has both a gleaming black 23.5-cubic-foot, side-by-side=20
refrigerator and a 20-cubic-foot upright freezer in her garage nearby.
?????"I know it's a luxury--we try to watch our power usage--but you need i=
t=20
to keep drinks, soda pops and food for parties," said Potts, an insurance=
=20
executive.
?????State officials believe that with energy costs rising, residents will =
be=20
more willing to decommission their spare refrigerators. And they point out=
=20
that a recycling program in Edison's territory has been a huge success,=20
resulting in 254,000 refrigerators being turned in over the last seven year=
s.
?????Still, with more than 9 million new refrigerators sold in the U.S. eac=
h=20
year, according to Appliance Magazine, the secondhand fridge market=20
flourishes in classified ads and thrift stores. No one knows exactly how ma=
ny=20
refrigerators are permanently disabled or sent out of the country, but ener=
gy=20
experts say the number of total units is not dwindling, despite recycling=
=20
efforts nationwide.
?????With a median life span of 19 years, refrigerators and freezers "often=
=20
take on a second, third and fourth lifetime," said Wayne Morris of the Assn=
.=20
of Home Appliance Manufacturers, an international trade organization.=20
?????Paul Janzen, who recently moved to Telluride, Colo., is advertising "a=
n=20
old junker refrigerator for $25" among the furnishings he is trying to shed=
=20
at his Orange County apartment. He bought the full-size, used refrigerator=
=20
for $45 from a Salvation Army thrift store 10 years ago. "It probably uses =
a=20
whole lot of energy, but it still works wonderfully," Janzen said.
?????Indeed, experts say old refrigerators use up to four times the energy =
of=20
the newest models.
?????"Most people simply don't think about the refrigerator as a major ener=
gy=20
user. It's not like a hair dryer that you have to turn on," said David=20
Goldstein of the Natural Resources Defense Council, an environmental advoca=
cy=20
group that has pushed for more efficient appliances.
?????Energy experts estimate that 10% to 14% of California households harbo=
r=20
an extra refrigerator or freezer. Appliance repair workers informally guess=
=20
that the number in Southern California is higher, based on their firsthand=
=20
experience in servicing refrigerators in affluent suburban neighborhoods.
?????"Most people have a spare refrigerator, as a convenience," said Terry=
=20
McVicker, owner of Certified Service in Anaheim. But he said calls to fix=
=20
spares in the last six months have dropped as more people have complained=
=20
about energy costs.
?????Others, however, are so attached to the convenience that they are=20
willing to fix or replace their garage iceboxes.
?????"A lot of times, people get used to them," said Scott Kassner, general=
=20
manager of Angel Appliances in North Hills. "So if one dies, they are just =
as=20
likely to find a used one to put in its place."
?????Within the next few weeks, the three major private utilities in=20
California will intensify a campaign to capture spare appliances with=20
advertising, bill inserts, roving exhibits and other promotions.
?????"This year we are trying our best to get as many of these refrigerator=
s=20
and freezers offline prior to the summer season," said Jeannette Duvall-War=
d,=20
refrigerator recycling program manager for Edison, which is also coordinati=
ng=20
the effort by Pacific Gas & Electric and San Diego Gas & Electric.
?????To qualify for rebates, refrigerators must be 10 to 25 cubic feet and =
in=20
working condition. Edison customers have a choice of a $35 rebate or a=20
five-pack of compact fluorescent lightbulbs worth $50. Because the programs=
=20
are new, consumers in the Bay Area and San Diego will receive $75 rebates. =
In=20
exchange, customers can expect annual energy savings of $150 or more.
?????Among those taking advantage of the rebates is Ruth Beatty of Covina,=
=20
who has turned in three appliances in the last year, collecting $35 rebates=
=20
on each. He said the first was a refrigerator only 5 years old that require=
d=20
repeated repairs. The second, recycled from a neighbor's garage, "would tal=
k=20
to me, like a dog moaning" and caused his monthly electric bills to double.=
=20
The latest was a 15-year-old freezer he turned in as a cost-cutting move.
?????"When the electric bill becomes more than the rent, you start=20
investigating," he said.

---------------------------------------------------------------------------=
---
------------------------------------------------------------------
Davis Proposes Tiered Plan To Boost Rates=20
Governor wants slightly lower increases than PUC adopted=20
Lynda Gledhill, Greg Lucas, Chronicle Sacramento Bureau
Friday, April 6, 2001=20
,2001 San Francisco Chronicle=20
URL:=20
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2001/04=
/06/M
N141706.DTL=20
After months of denying that rate increases were needed to pull California=
=20
out of its energy crisis, Gov. Gray Davis yesterday proposed an average 37=
=20
percent increase for residential users served by PG&E.=20
The governor's electricity rate increases are slightly lower than the ones=
=20
adopted by the PUC last week. He said about half of the state's residential=
=20
customers would see no increase at all.=20
Davis has blamed the energy crisis on his GOP predecessor, out-of-state=20
energy generators and federal regulators.=20
But in a rare statewide television address last night, he acknowledged that=
=20
pointing the finger would not solve California's flawed deregulation plan=
=20
that plunged utilities into debt as wholesale energy prices rose and retail=
=20
rates remained frozen.=20
"It's become increasingly clear . . . that with rising natural gas prices,=
=20
the (Federal Energy Regulatory Commission's) failure to control costs and t=
he=20
state's lack of supply, that some rate increases are necessary to keep our=
=20
lights on and our economy strong," Davis said.=20
By embracing a rate increase lower than the PUC's, Davis tried to portray=
=20
himself politically as a leader, but he also put himself in jeopardy should=
=20
his plan fail.=20
Last week, the PUC approved a rate increase that would average 40 percent.=
=20
That includes making permanent a temporary 10 percent average increase=20
adopted by the commission in January.=20
Davis also would make that average 10 percent increase permanent.=20
The PUC's rate would lift the customer's price per kilowatt by about 3 cent=
s.=20
Under Davis' plan, the rate for PG&E customers would be 2.44 cents.=20
Consumer advocates blasted Davis' plan as a bailout for investor-owned=20
utilities.=20
"Gov. Davis blamed everyone but himself tonight," said Harvey Rosenfeld,=20
president of the Foundation for Taxpayer and Consumer Rights.=20
Rosenfeld said Davis must have the courage to stand up to out-of-state powe=
r=20
generators and, if they don't reduce their profits to fair levels, impose=
=20
taxes on their windfall gains. If that doesn't work, he said, the state=20
should move to seize power plants.=20
Even though Davis' plan would generate less revenue than the PUC's increase=
,=20
he says he can do more with less.=20
The governor's plan would eliminate a 10 percent rate increase scheduled to=
=20
kick in next March. The PUC's would not.=20
Davis said his slightly lower rate not only would provide enough money to p=
ay=20
off a bond California is set to issue for power purchases but also would pa=
y=20
off a portion of PG&E and Southern California Edison's $14 billion debt.=20
The remainder of the debt would be erased by the state's purchase of the PG=
&E=20
and Edison's transmission lines, an idea Davis again endorsed last night.=
=20
The PUC's rate increase did not address the utilities' debt.=20
The state will have to issue a bond of somewhere between $12.4 billion and=
=20
$14 billion to cover power purchases, said John Stevens, Davis' top energy=
=20
adviser. The state has spent about $4 billion so far.=20
All of this can be in a smaller rate increase because the governor's office=
=20
has different numbers, Stevens said. The numbers will be provided to the=20
board,=20
but have not been made available yet.=20
PUC Commissioner Carl Wood said the board would review Davis' plan.=20
"There isn't a big gulf," he said. "These are more recent numbers. But the=
=20
PUC has the ultimate responsibility to make rates."=20
While the PUC rate increase has already been adopted, the tiered structure=
=20
has not.=20
Reaction to the speech was not overwhelmingly supportive.=20
A statement by PG&E said it supported the governor's efforts to increase=20
conservation but said the speech did not go far enough.=20
"However, the state's power crisis has been ongoing for nearly a year now,=
=20
with little relief in sight," the statement said. "Unfortunately, the steps=
=20
the governor announced tonight still do not appear to offer a comprehensive=
=20
solution to resolve California's energy crisis."=20
Republicans were not any more supportive.=20
Davis' only announced 2002 Republican challenger said Davis had failed to=
=20
take responsibility for his "mismanagement" that had made the crisis worse.=
=20
"Gov. Gray Davis looked us right in the eye and said nothing," said Secreta=
ry=20
of State Bill Jones. "The first responsibility of leadership is to tell the=
=20
truth. Gray Davis needs to level with the people of California -- not=20
continue to tell them bits and pieces that he thinks they want to hear." Th=
e=20
admission that rate increases are necessary is a politically dicey move for=
=20
Davis, but one widely seen as necessary.=20
The Democratic governor had come under increasing pressure to take decisive=
=20
action after the PUC's action last week.=20
But Davis political adviser Garry South said Davis needed to take the time =
to=20
make sure the numbers were right.=20
"I think people understand when a public official comes forward and looks=
=20
them in the eye and says here is what we need to do to solve it," he said.=
=20
"The governor clearly has the authority to ask the PUC to do something."=20
Davis said he opposed the increase at the time, and denied having any=20
knowledge of the plan, despite having appointed a majority of the board.=20
In his speech, Davis "urged" the PUC to consider the plan.=20
Davis had maintained since last fall that he wanted to work to solve the=20
energy crisis without a rate increase.=20
"If I wanted to raise rates, I could have solved this in 20 minutes," Davis=
=20
said in February.=20
Even with the rate increase there are still many pieces of the energy puzzl=
e=20
that must be solved.=20
The rate increase will cover only the utilities' back debt if there is an=
=20
agreement to sell the transmission systems. So far, those negotiations have=
=20
progressed very slowly.=20
Davis urged conservation as the main way to get through the summer.=20
"The more you use, the more you pay," Davis said.=20
He lauded two conservation bills passed by the legislature yesterday that=
=20
provide about $1.1 billion for various programs, such as refrigerator trade=
-=20
ins.=20
Also yesterday, Reliant Energy, one of the out-of-state generators providin=
g=20
California with power, won a court ruling yesterday that means it no longer=
=20
has to make forced sales of electricity to the state.=20
The Ninth Circuit Court of Appeals lifted an injunction from a lower court=
=20
that forced the energy provider to sell to California, no matter whether it=
=20
was paid or not.=20

E-mail Lynda Gledhill and Greg Lucas at lgledhill@sfchronicle.com and=20
glucas@sfchronicle.com.=20
A look at Gov. Davis' proposed rate increase, by the numbers. Proposed=20
rates do not include the average 10 percent temporary increase adopted in=
=20
January that Davis wants to make permanent).
-- Increase for the 55 percent of residential customers who use less=20
electricity than 130 percent of their predetermined baseline:
0%
Average increase for people who use between 130 and 200 percent of=20
baseline=20
amounts:
10%
Average increase for users who surpass 200 percent of baseline:
34.5%
Average increase for "flat rate" industrial and commercial users
29%
Average increase for "time of use" industrial and commercial users
30%
(Proposed rates do not include the average 10 percent temporary increase=
=20
adopted in January that Davis wants to make permanent.)


,2001 San Francisco Chronicle ? Page?A - 1=20
---------------------------------------------------------------------------=
---
---------------------------------------------------------------
Legislature Pounds Out Conservation Package=20
Davis expected to sign $1.1 billion measures=20
Greg Lucas, Sacramento Bureau Chief
Friday, April 6, 2001=20
,2001 San Francisco Chronicle=20
URL:=20
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2001/04=
/06/M
N97060.DTL=20
Sacramento -- After a long day of haggling, both houses of the Legislature=
=20
yesterday approved a $1.1 billion package of energy conservation measures=
=20
designed to cut California electricity use as quickly as possible.=20
Much of the money goes to existing state programs offering loans, grants an=
d=20
cash to business, agricultural, residential and low-income ratepayers. Gov.=
=20
Gray Davis is expected to sign the bills.=20
Programs include rebates on new refrigerators and air conditioners, as well=
=20
as grants to place reflective surfaces on roofs and replace traffic lights=
=20
with energy-efficient bulbs and weatherize homes.=20
"These are well-known programs," said state Sen. Byron Sher, D-Palo Alto,=
=20
author of one of the bills in the package. "They have been very effective."=
=20
Lawmakers were divided over which consumers should get the most assistance,=
=20
and fights flared between urban and rural lawmakers over the size of=20
assistance to agricultural interests.=20
The final compromise gives the bulk of the money to the Public Utilities=20
Commission and the California Energy Commission, which administer a host of=
=20
conservation programs.=20
One-fifth of the $1.1 billion is devoted to programs helping the state's=20
poorest consumers.=20
Of the $240 million in low-income aid, $100 million will go to subsidize up=
=20
to 25 percent of gas or electric bills in low-income households.=20
A poor household is defined as one that is below 150 percent of the federal=
=20
poverty level -- roughly a family of four earning $25,000.=20
The program, known as California Alternate Rates for Energy, is administere=
d=20
by the utilities and paid for by $180 million in surcharges on other=20
consumers' bills. The $100 million will go to expand the program.=20
An additional $120 million is pegged for a program that helps households=20
below 60 percent of the state median income -- $33,000 for a family of four=
.=20
The program offers subsidies and grants for home-energy efficiencies like=
=20
insulation, weather-stripping and low-flow shower heads.=20
Among the other programs receiving more money:=20
-- $50 million to beef up new air conditioner and refrigerator rebate=20
programs run by local utilities.=20
-- $50 million in 3 percent loans to replace inefficient display=20
refrigerators like the ones that hold drinks in mini-marts, liquor stores o=
r=20
convenience stores.=20
-- $60 million to municipal utilities like those in Sacramento, Alameda and=
=20
Palo Alto to expand their conservation efforts.=20
-- $10 million for cities and counties to replace stoplights with energy=20
efficient light-emitting diodes or LEDs.=20
-- $35 million in grants to businesses that recoat the roofs of their low-=
=20
story buildings with reflective surfaces.=20
-- $35 million to create "demand responsive" buildings that use an Internet=
=20
connection that can automatically adjust thermostats or lights when power=
=20
alerts are called.