Enron Mail

From:miyung.buster@enron.com
To:ann.schmidt@enron.com, bryan.seyfried@enron.com, elizabeth.linnell@enron.com,filuntz@aol.com, james.steffes@enron.com, janet.butler@enron.com, jeannie.mandelker@enron.com, jeff.dasovich@enron.com, joe.hartsoe@enron.com, john.neslage@enron.com, john.
Subject:Energy Issues
Cc:
Bcc:
Date:Tue, 1 May 2001 03:26:00 -0700 (PDT)

Please see the following articles:

Sac Bee, Tues, 5/1: "$18 billion power tab projected: An immediate=20
outcry greets Davis' plan for state energy purchases through June 2002"

Sac Bee, Tues, 5/1: "PUC seeks to retain PG&E control"

Sac Bee, Tues, 5/1: "Legislators propose tax on energy profits"

Sac Bee, Tues, 5/1: "Dan Walters: Davis finally generates an energy plan,=
=20
but will it work?"

Sac Bee, Tues, 5/1: "Soaring energy bills hurt eateries: Many restaurants =
in=20
capital area,=20
despite good patronage, expect to raise menu prices"

Sac Bee, Mon, 4/30: "Empowering the public (Editorial)
Obstacles keep cities out of energy"

Sac Bee, Tues, 5/1: "Daniel Weintraub: An energy trader says it's time to=
=20
limit profits" (Editorial)

LA Times, Tues, 5/1: "Power Companies Step Up Lobbying"

LA Times, Tues, 5/1: "Power Marketer Ordered by FERC to Refund $8 Million"

LA Times, Tues, 5/1: "Davis Turns to Bankruptcy Court for Help in Plan to =
Buy
Power Grid"

SF Chron, Tues, 5/1: "Feds want surcharge to pay utilities' debts=20
THE PLAN: Additional rate boost likely, cash would go to power suppliers"

SF Chron (AP), Tues, 5/1: "Lawmakers offer bills aimed at cutting natural=
=20
gas prices"

SF Chron (AP), Tues, 5/1: "Developments in California's energy crisis"

SF Chron, Tues, 5/1: "Second try for tax cut in Oakland=20
Smaller utility levy likely after Brown veto"

SF Chron, Tues, 5/1: "Feds want surcharge to pay utilities' debts=20
THE PLAN: Additional rate boost likely, cash would go to power suppliers"

SF Chron, Tues, 5/1: "Warning of a summer power 'Armageddon'=20
Davis aide paints dire scenario in push for bonds to buy power "

Mercury News, Tues, 5/1: "Cheney rejects conservation"

Mercury News (AP), Tues, 5/1: "Federal energy regulators propose surcharge=
=20
plan
to pay utilities' debt"

Mercury News, Tues, 5/1: "Record prices for power expected this summer in=
=20
U.S."

Mercury News, Tues, 5/1: "Davis calls generators on carpet"

Mercury News, Tues, 5/1: "PG&E lobbied heavily just before bankruptcy"

OC Register, Tues, 5/1: "Cheney outlines energy strategy for U.S."

OC Register, Tues, 5/1: "Bush taking a supply-side policy on energy"

OC Register, Tues, 5/1: "Power supplier will pay to settle"

OC Register, Tues, 5/1: "Energy notebook: Bills target high natural-gas=20
prices"

OC Register, Tues, 5/1: "Leadership blackout
Gov. Davis seems unplugged in dealing with the crisis " =20
(Commentary)

Individual.com (Bridgenews), Tues, 5/1: "Calif. Gov Davis/ PG&E utility=20
creditors may like grid sale --Davis sees Calif energy supply
outstripping need by fall '03 --Davis/ PG&E credit"

Individual.com (AP), Tues, 5/1: "Davis Optimistic Despite Power Woes"


NY Times, Tues, 5/1: "Cheney Promotes Increasing Supply as Energy Policy"

NY Times, Tues, 5/1: "River's Power Aids California and Enriches the=20
Northwest"

Wash. Post, Tues, 5/1: "Bush Energy Plan Will Emphasize Production; Cheney=
:=20
Conservation Is Part of Effort"

Energy Insight, Tues, 5/1: "Western Dreaming: A Buyer's Cartel"

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

$18 billion power tab projected: An immediate outcry greets Davis' plan for=
=20
state energy purchases through June 2002.
By Emily Bazar and Jim Sanders
Bee Capitol Bureau
(Published May 1, 2001)=20
Seeking to sell his energy rescue plan to reluctant Republicans, Gov. Gray=
=20
Davis on Monday released a long-awaited financial plan that shows the state=
=20
will spend more than $18 billion on electricity through June 2002, but can=
=20
maneuver the energy crisis without additional rate increases or draining th=
e=20
state budget.=20
His projections, however, were immediately attacked by lawmakers and indust=
ry=20
experts, who called them overly optimistic and unrealistic.=20
The plan, which Davis is using to bolster his energy effort with legislator=
s=20
and Wall Street, is based on a series of assumptions, among them that the=
=20
state will pay significantly less for electricity on the spot market during=
=20
the hottest summer months than it pays now, and that dozens of shuttered=20
small generators will start selling discount electricity again.=20
"No one has a crystal ball into the future," state Treasurer Phil Angelides=
=20
told reporters. "The administration's plan makes some assumptions, as any=
=20
plan must. The question is, are they reasonable assumptions, and what do we=
=20
need to do collectively to make the plan succeed?"=20
The Democratic governor has long faced criticism for refusing to divulge=20
details about the state's power purchases, both on the expensive spot marke=
t=20
and under long-term contracts.=20
Last week, the issue was thrust into the forefront when Assembly Republican=
s=20
told the governor they would not vote for a bill authorizing the sale of $1=
0=20
billion in revenue bonds to pay for the state's power purchases until they=
=20
received additional information.=20
If legislators don't pass the bill -- which requires a two-thirds majority=
=20
and, therefore, Republican votes -- Angelides said the state might miss a M=
ay=20
8 deadline for closing on a crucial $4.1 billion bridge loan.=20
On Monday, Davis relented, releasing his response in the form of an=20
inch-thick document filled with tables, bar graphs and projections. The pla=
n=20
gives the first detailed, month-by-month account of the state Department of=
=20
Water Resources' expected power purchases through 2002.=20
But the projections failed to win votes immediately in the Assembly=20
Republican caucus, where Minority Floor Leader Dave Cox said he is not yet=
=20
ready to support the proposed $10 billion in bonds. The caucus will meet=20
today to decide what to do next, he said.=20
"Many of the assumptions are questionable and there is no answer as to what=
=20
will happen if the assumptions prove incorrect," said Assemblyman Keith=20
Richman, R-Sun Valley. "I'm very concerned."=20
Davis' plan relies on numerous estimates, including likely summer=20
temperatures and annual rainfall, and an assumption that Californians will=
=20
use 7 percent less energy this year than they did last year.=20
Private consultants who helped draft the plan also predicted that most of t=
he=20
small generators that stopped producing electricity because they hadn't bee=
n=20
paid for months will resume production at discounted rates. They argued tha=
t=20
their assumptions are conservative and allow for unexpected changes.=20
"There are lots of variables that are not simply assumptions," said Joseph=
=20
Fichera, an investment banker with Saber Partners in New York City and a=20
consultant to the administration. "I would say probably 80 percent is what =
we=20
know are facts and 20 percent are expectations."=20
Republican lawmakers and others were particularly uncomfortable with the=20
administration's conclusion that the state will spend an average of $195 pe=
r=20
megawatt-hour for electricity on the spot market in July, August and=20
September, the hottest months of the year when electricity is expected to b=
e=20
sold at a premium.=20
Some have predicted that the costs could go much higher.=20
"There's a reasonable chance this summer that the state will be paying $1=
=20
billion per week" for electricity, Severin Borenstein, head of the Universi=
ty=20
of California Energy Institute, told state regulators last week.=20
With summer prices forecast to be $500 to $700 per megawatt-hour, and the=
=20
state Department of Water Resources expected to need more than 200,000=20
megawatt-hours a day, it would be easy to rack up billion-dollar power bill=
s,=20
he said in an interview.=20
The state spent $90 million on power on a single day last week, but prices=
=20
declined somewhat afterward, according to the governor's press office.=20
Davis' Cabinet secretary, Susan Kennedy, defended the estimated summertime=
=20
cost, saying the state has secured enough long-term contracts to limit its=
=20
exposure to the most expensive spot market prices.=20
"It's almost impossible to say what's plausible and what isn't," said Mike=
=20
Florio, an attorney with The Utility Reform Network, a Bay Area consumer=20
group.=20
It makes sense that power costs, overall, would drop as more long-term=20
contracts kick in and the state buys less electricity on the spot market, h=
e=20
said. But many of those contracts are still being negotiated.=20
"What this assumes about contracts that have not been signed is the really=
=20
interesting question," he said.=20
Assemblyman Tony Strickland, R-Thousand Oaks, said the Davis administration=
=20
hasn't been able to provide assurances that if bonds are sold now, more won=
't=20
be needed in the future.=20
"Their assumptions are nothing more than educated guesses," Strickland said=
.=20
"And the educated guess of the Legislature was that we wouldn't be in the=
=20
power buying business in the first place."=20
Kennedy conceded that the administration's plan has its limits, and won't=
=20
prevent the state from experiencing rolling blackouts in the coming months =
if=20
prices get too high or its assumptions are proved wrong.=20
"The bottom line will be we will either need to borrow a little bit more or=
=20
we're going to see more blackouts," she said.=20

The Bee's Emily Bazar can be reached at (916) 326-5540 or ebazar@sacbee.com=
.=20
Bee staff writers Carrie Peyton and John Hill contributed to this report.
---------------------------------------------------------------------------=
---
---------------------------------------------
PUC seeks to retain PG&E control=20
By Claire Cooper
Bee Legal Affairs Writer
(Published May 1, 2001)=20
SAN FRANCISCO -- Warning that California consumers and the state economy=20
could be in grave danger, the state Public Utilities Commission urged a=20
federal bankruptcy judge Monday not to sever the commission's regulatory=20
control of Pacific Gas and Electric Co.=20
On April 9, three days after filing for Chapter 11 bankruptcy protection,=
=20
PG&E petitioned the Bankruptcy Court to block parts of a recent PUC order.=
=20
PG&E said the provisions conflicted with bankruptcy rules and interfered wi=
th=20
its legal right to recover skyrocketing wholesale energy coasts.=20
The provisions at issue -- adopted by the PUC on March 27 along with a 30=
=20
percent rate increase -- imposed new accounting requirements on the=20
utilities, but the consequences were potentially dramatic. Depending on the=
=20
way certain costs are counted, PG&E may or may not be entitled to early=20
termination of an electricity rate freeze adopted by the Legislature five=
=20
years ago.=20
PG&E said the accounting provisions changed the rules retroactively and=20
artificially extended the rate freeze.=20
But the PUC disagreed -- and said the issue is even larger. In a series of=
=20
documents filed Monday, the commission characterized PG&E's petition as "th=
e=20
first step in (the company's) plan to deregulate itself." If PG&E succeeds =
in=20
stripping California of its power to regulate its electric utilities, the=
=20
commission said, "PG&E may be able to claim an artificial end to the rate=
=20
freeze, which could result in drastically higher retail electric rates. The=
=20
harm to California's consumers and economy could be grave."=20
The commission said that the petition should be dismissed on grounds of=20
"sovereign immunity" -- the state's right not to be sued by private parties=
=20
-- and because the nation's bankruptcy laws bar interference with the state=
's=20
exercise of its regulatory powers.=20
"The accounting proposal the commission adopted was illegal before we filed=
=20
for Chapter 11," PG&E spokesman Ron Low said Monday. "Now that we are in=20
Chapter 11, it not only affects our shareholders, it also impacts our=20
creditors."=20

The Bee's Claire Cooper can be reached at (415) 551-7701 or=20
ccooper@sacbee.com.
---------------------------------------------------------------------------=
---
------------------------
Legislators propose tax on energy profits=20
By Kevin Yamamura
Bee Capitol Bureau
(Published May 1, 2001)=20
With power producers reaping profits that increased fivefold last year, som=
e=20
state lawmakers are pushing a tax on future earnings as the best way to kee=
p=20
generators honest.=20
California would recoup 100 percent of power profits deemed unreasonable=20
through a "windfall profits tax" proposed by state Sen. Nell Soto, D-Pomona=
.=20
Her bill, SB 1x, cleared the Senate Appropriations Committee on Monday on a=
=20
7-3 vote.=20
The proposal would force generators to give the state any money collected=
=20
above a reasonable limit determined by the state Public Utilities Commissio=
n.=20
That money probably would be doled out in equal portions to state taxpayers=
,=20
possibly through income tax returns, though details remain vague.=20
The bill is aimed principally at five out-of-state companies -- AES Corp.,=
=20
Duke Energy Corp., Dynegy Inc., Mirant and Reliant -- that bought Californi=
a=20
power plants under deregulation and saw profits increase last year at an=20
average of 508 percent, according to Democratic estimates.=20
"What this bill says is, 'You can't come in and rip us off,' " said Senate=
=20
President Pro Tem John Burton, D-San Francisco.=20
Critics said the proposal would only discourage companies from building new=
=20
power plants in California or producing power when the state needs it most.=
=20
During the worst of California's energy blues, utilities and the state have=
=20
paid generators and marketers well above 30 cents per kilowatt-hour.=20
Soto has suggested an 8 cents a kilowatt-hour cap, meaning that any price=
=20
charged above that would be considered unreasonable. If a generator were to=
=20
charge 30 cents, for instance, it would have to return 22 cents to the stat=
e=20
in the form of the new tax.=20
Although the proposal could have the direct effect of knocking down soaring=
=20
energy prices, it would also send a message that the state will not tolerat=
e=20
price gouging, some lawmakers said.=20
"We have been royally mistreated," said Sen. Jack Scott, D-Altadena, a=20
co-author of the bill. "And we have allowed a great deal of California mone=
y=20
to leave the state at the expense of ratepayers, taxpayers and businesses."=
=20
But energy producers challenged the bill, saying it would simply discourage=
=20
companies from building plants in California or from upgrading existing=20
facilities.=20
The tax "does nothing to solve the fundamental problem in California, and=
=20
that's mainly the lack of supply," said Richard Wheatley, a spokesman for=
=20
Houston-based Reliant.=20
"There is no way, given natural-gas prices today, that we could make any=20
money under the price caps in this bill," said Carl London, a lobbyist for=
=20
InterGen, a Boston-based generator.=20
In turn, the state's businesses would suffer through sustained power=20
blackouts because supply would remain low, said Carrie Lee-Coke, general=20
counsel of the California Manufacturers and Technology Association.=20
"There is one simple truth, and that is there is too little energy=20
production," Lee-Coke said, calling Soto's bill the "wrong medicine" for=20
California.=20
Although electricity generated in California would be affected, it is uncle=
ar=20
whether the state can legally impose restrictions on power from outside the=
=20
state.=20
Republicans on Monday opposed the plan, citing disincentives for power=20
companies to boost supply and resultant blackouts. But the bill needs suppo=
rt=20
only from majority Democrats to pass.=20
"The economic reality is that the people cannot afford to be gouged any=20
longer," Soto said.=20

The Bee's Kevin Yamamura can be reached at (916) 326-5542 or=20
kyamamura@sacbee.com.
---------------------------------------------------------------------------=
---
------------------------
Dan Walters: Davis finally generates an energy plan, but will it work?


(Published May 1, 2001)=20
After months of issuing buzzwords, sound bites and bold predictions that=20
proved wrong, Gov. Gray Davis finally unveiled Monday what aides said was a=
=20
comprehensive plan to shepherd California through the energy crisis.=20
The thick compendium of charts, tables and narrative, prepared by a financi=
al=20
consulting firm and peddled to legislators and journalists by a squad of=20
administration aides, was designed to bolster Davis' case for legislative=
=20
approval of a $12.5 billion bond issue. About half the money would repay th=
e=20
state's beleaguered general fund, which has been drained for power purchase=
s,=20
and the rest would ease the impact on ratepayers' bills for future power=20
purchases.=20
Administration officials insisted it is a realistic scheme based on=20
reasonable assumptions -- but legislators of both parties remained skeptica=
l=20
since the governor's previous assumptions and projections about the crisis=
=20
had proved to be uniformly wrong. It remains uncertain, therefore, whether=
=20
the bond issue bill that the administration says is vital will win=20
legislative approval this week -- at least in the size Davis is seeking. Ev=
en=20
Democrats are wary.=20
Legislative analysts zeroed in on a couple of assumptions that are central =
to=20
the workability of the plan:=20
That Californians will severely curtail their energy use this summer in=20
response to supply shortages, a big ad campaign and sharp price increases.=
=20
That the state can buy spot market power this summer at rates far below wha=
t=20
it has been paying and what the power futures market indicates will be the=
=20
summer spot price.=20
If either of those two assumptions is off the mark, the state could face=20
severe and prolonged blackouts and/or could go billions of dollars deeper=
=20
into debt.=20
Administration aides insisted that their assumptions are reasonable, based =
on=20
what is known now about power consumption habits and the availability and=
=20
price of power for the summer, when demand usually rises sharply to run air=
=20
conditioning.=20
"This is not a guess," Susan Kennedy, a top Davis aide, told reporters in=
=20
response to sharp questioning about the plan's projection of making spot=20
market power purchases during the summer at an average of $195 per=20
megawatt-hour, 40 percent less than what the state is paying now. The curre=
nt=20
futures market price for California-delivered power in July and August is=
=20
about $500 per megawatt-hour, but administration officials insist they have=
=20
contracted for much of the summer peak load at lower costs, leaving less=20
exposure to the spot market.=20
If it all works as Davis hopes, customers of the three major utilities --=
=20
about 70 percent of Californians -- will see a sharp boost in their rates=
=20
soon, and that will be enough to finance the $20 billion in power purchase=
=20
debts incurred by the utilities and the state so far, plus pay for future=
=20
purchases.=20
The bonds would pick up the costs not covered by the raised rates in the=20
early years of the scheme, then be paid off later as rates remain high but=
=20
power costs go down. A sharp decline in power costs later in the decade is=
=20
another major assumption in Davis' plan, based on still another assumption=
=20
that massive generating facilities will be built within a few years.=20
The administration's new set of assumptions replaces suppositions that prov=
ed=20
to be very wrong, such as Davis' oft-expressed belief that power rates woul=
d=20
not have to be raised. And the new scheme also includes elements that Davis=
=20
had rejected last year, such as long-term contracting for power and the=20
ability of rate increases to drive down consumption.=20
Will it work? Will ratepayers, taxpayers, voters, financiers, legislators a=
nd=20
others be persuaded that Davis finally has his act together and that his=20
scheme is workable and fair? And will consumer activists be placated by a=
=20
plan that assumes ratepayers will shoulder the utilities' massive debts? St=
ay=20
tuned. This crisis is still a long way from being a footnote to California=
=20
history.=20

The Bee's Dan Walters can be reached at (916) 321-1195 or dwalters@sacbee.c=
om
.
---------------------------------------------------------------------------=
---
------------------------
Soaring energy bills hurt eateries: Many restaurants in capital area, despi=
te=20
good patronage, expect to raise menu prices.=20
By Cathleen Ferraro
Bee Staff Writer
(Published May 1, 2001)=20
So far, it appears to be the economic slump that wasn't.=20
Across the region, most restaurateurs say they aren't seeing patrons pull=
=20
back on how often they eat out or what they order. That's significant becau=
se=20
dining out is one of the first luxuries people typically eliminate when tim=
es=20
get rough -- or even appear to be slowing down.=20
At the same time, restaurant owners who say business is good remain anxious=
=20
about the relentless energy crisis. They complain about big utility bills=
=20
that promise to stay bloated through the summer and about higher operating=
=20
costs from vendors now passing along their own inflated energy expenses.=20
That all adds up to pricier menus.=20
"I hoped not to increase prices, but there's no slack when basic utilities=
=20
are so high now," said Barbara Mikacich, owner of Sacramento's Andiamo=20
restaurant, which expects to come out with a new menu in June.=20
With a few exceptions, local bakery cafes, pizza shops, swanky steakhouses=
=20
and more are about to raise food prices while trying to cut back on energy=
=20
use. Restaurants are taking such steps because they're bracing for more=20
energy problems and fear that the economic downturn -- while not obvious no=
w=20
-- could be around the corner.=20
"We're watching all the little things," said Mark Platt, operating partner =
at=20
P.F. Chang's China Bistro in Roseville where sales are still strong. "But=
=20
there's no dramatic way for us to save on our use of gas here. We have to u=
se=20
woks."=20
No menu price hikes or staff layoffs are in the wind at P.F. Chang's, Platt=
=20
said. But the popular restaurant has changed some of its routine tasks to=
=20
offset gas and electric utility bills that have climbed from a combined=20
$12,500 a month when it opened in September to $16,000 now.=20
So each morning, cooks at P.F. Chang's no longer spend 20 minutes over=20
gas-fired flames removing carbon from the bottom of nine main woks. Now the=
y=20
get the job done in five minutes.=20
Meanwhile, the restaurant's timers have been adjusted so that lights and ai=
r=20
conditioners turn on later in the day and shut off sooner.=20
Elsewhere in Roseville, Carvers Steaks & Chops -- traditionally a lunchtime=
=20
hot spot with developers, bankers and other professionals -- stopped using=
=20
its five gas fireplaces.=20
"We used to run them from 11 a.m. to 11 p.m., six days a week," said genera=
l=20
manager Gary Kowalsky. "But we quit lighting them because they're strictly=
=20
for ambience."=20
Prompting that change is Carvers' combined utility bill. It used to run=20
$6,000 a month but has jumped to $10,000.=20
No layoffs are planned at Carvers. Menu price hikes took effect six weeks a=
go=20
when the restaurant added 50 cents to $1 to the prices for steak dishes.=20
At Casey's Bakery & Cafe on Sacramento's Folsom Boulevard, the gas bill has=
=20
doubled since February, said owner Casey Hayden. So instead of running=20
convection ovens "all day long," as he put it, the shop organizes jobs now =
so=20
that more pastries and desserts bake at the same time, reducing use of the=
=20
cafe's gas ovens.=20
In mid-March, Casey's reduced its operating hours from six days a week down=
=20
to just three, Friday through Sunday, in response to the energy crunch,=20
stagnant walk-in business during the week and an increase in wholesale=20
accounts.=20
Sacramento's Cafe Melange at 24th Street and Second Avenue also slashed hou=
rs=20
due to higher utility costs, closing now at 7 p.m. instead of 11 p.m. Owner=
=20
Marrie Morris said she may raise prices in the next month or two.=20
Heating and cooling the large warehouse environment of Fox & Goose Public=
=20
House on R Street has always been challenging. But now the midtown restaura=
nt=20
is facing a Pacific Gas and Electric bill that topped $1,200 in March -- or=
=20
double the amount from a year earlier.=20
That strain on top of higher produce, dairy and labor costs has prompted Fo=
x=20
& Goose to print a new menu due out in June. It will include some of the mo=
st=20
popular items from the now-closed Greta's Cafe -- previously operated by Fo=
x=20
& Goose owner Allyson Dalton -- and several higher priced items.=20
"About 50 percent of the menu is going up, but nominally, 2 to 3 percent,"=
=20
said Dalton.=20
Sacramento's Original Pete's pizza chain, which is slated to open a Davis=
=20
outlet, its sixth, this week, cut off its janitorial service. The cleaning=
=20
duties will be handled by staffers. The restaurant also turned off many=20
lights and now runs just one oven instead of two during slow times. It, too=
,=20
plans to raise menu prices soon.=20
"We will take a very modest increase across the board, about 3 percent," sa=
id=20
founder Steve Presson, who also noted "early warning signs" of an economic=
=20
slowdown, including more customers writing bad checks, credit card numbers=
=20
being denied and the use of fraudulent cards.=20
Now with the threat of rolling summer blackouts, restaurateurs are even=20
edgier because such power outages might discourage dining out, typically mo=
re=20
popular during warm weather and extra daylight hours.=20
A blackout at Carvers, the Roseville steakhouse, for example, would mean a=
=20
shutdown of its gas valves and computer-operated cash register system, said=
=20
manager Kowalsky.=20
"I hope there's some resolution to all of this," he said. "I can't imagine=
=20
anything worse than a building full of hungry people who you can't serve."
---------------------------------------------------------------------------=
---
------------------------
Bee Editorial
Empowering the public
Obstacles keep cities out of energy


(Published April 30, 2001)

In a city the size of Davis, how many citizens does it take to kill an=20
initiative to create a public power agency and remove PG&E as the supplier =
of=20
electricity? Only three. That's because, under state law, a five-member=20
government agency, the county Local Agency Formation Commission (LAFCO),=20
which operates largely in obscurity, can reject the proposal before it even=
=20
gets to the ballot box.=20
Over the past several decades, laws such as this have made it harder for=20
communities to leave the domain of the investor-owned utilities and turn=20
power into a public enterprise. Sacramento's long struggle to create its=20
municipal utility district (SMUD) began in the 1920s. It took two decades o=
f=20
fighting a resistant PG&E for SMUD to get into the distribution business. I=
f=20
today's laws were in effect back then, Sacramentans might still be fighting=
,=20
or have given up long ago.=20
Amid the pile of energy-related legislation in the capitol is one that seek=
s=20
to remove these roadblocks to public power. At the heart of SB 23x by Sens.=
=20
Nell Soto of Pomona and John Burton of San Francisco are two valuable=20
reforms. If the private utilities don't manage to kill this bill, the futur=
e=20
will provide interesting choices for communities that are beginning to asse=
ss=20
their energy options.=20
The first reform in SB 23x would be to prevent LAFCOs from blocking electio=
ns=20
to decide whether to create a public power agency. LAFCOs now hold this vet=
o=20
power. This is how residents in and around the city of Davis were prevented=
=20
last year from voting on a public power initiative on the ballot. They had=
=20
thousands of signatures on their initiative petitions. But they didn't have=
=20
three votes on LAFCO. SB 23x would give LAFCO an advisory role, so that=20
voters can take their findings into consideration.=20
The second reform would change what happens when a newly formed public powe=
r=20
agency decides to purchase the local electric distribution lines from PG&E.=
A=20
law passed in the early 1990s gave PG&E considerable leverage in court to=
=20
challenge whether it's necessary for the municipal utility to buy its wires=
.=20
PG&E seeks to substitute its will for that of the voters. SB 23x returns to=
=20
the municipal utility the legal presumption that it can take over the lines=
,=20
leaving the courts to settle on the appropriate price. This is the proper=
=20
role of the courts.=20
A new municipal utility doesn't necessarily have to buy the lines and get=
=20
into the distribution business. It may simply buy power in bulk and pass on=
=20
the savings to its citizens. The first step is for communities to assess=20
their options. Davis residents are once again mulling secession from PG&E, =
as=20
are activists in Fresno, communities within Orange County and San Francisco=
.=20
It's too soon to say whether these seeds of a modern-day public power=20
movement ultimately come to fruition. Yet the mere threat of secession acts=
=20
as an appropriate check against the investor-owned utilities. Communities a=
re=20
not their hostages. SB 23x returns to communities the power of choice.=20
---------------------------------------------------------------------------=
---
------------------------

Daniel Weintraub: An energy trader says it's time to limit profits


(Published May 1, 2001)=20

In a sea of angry finger-pointing, name-calling and ridicule, Keith Bailey=
=20
stands out as an island of calm, a lonely voice of reason who understands=
=20
that a company's long-term self-interest is about more than how much money =
it=20
can make today.=20
Most Californians probably have never heard of Bailey, a Kansas City native=
=20
and chief executive officer of Tulsa-based Williams Cos. -- a private energ=
y=20
trader that has profited handsomely from the state's recent miseries. But=
=20
Golden Staters from Gov. Gray Davis on down ought to embrace this Oklahoma=
=20
resident. He might be the man who saves our future.=20
Bailey is proposing that federal electricity regulators place temporary cap=
s=20
on the profits that he and his competitors may earn between now and fall=20
2002, when supply and demand will be closer to balance and sanity might=20
return to the West's energy market.=20
His rationale is this: To save California's private electricity market, new=
=20
power plants are desperately needed. But not enough of those plants will be=
=20
built if generators are not confident they will be paid for the product the=
y=20
already are providing.=20
Californians, though, don't want to promise payment without knowing they wi=
ll=20
be able to afford the bill. Short-term caps on profits, Bailey believes, ar=
e=20
the best way to ease the state's fears, get everybody paid and move on to a=
=20
system that works -- for suppliers and customers.=20
"One of the things we are hoping to do with our proposal is create somethin=
g=20
that California can look at and say, 'So long as prices are determined on=
=20
this basis, we're prepared to pay,' " Bailey said in an interview. "This is=
a=20
mechanism that lets the state say, 'We're not signing a blank check. We don=
't=20
know what the price is going to be, but we do know how it will be=20
determined.' "=20
Bailey's proposal is different from the limited price caps approved last we=
ek=20
by the Federal Energy Regulatory Commission -- and far better for Californi=
a.=20
The federal caps would come with all sorts of strings attached, would kick =
in=20
only during emergencies and would be focused on prices, not profits. Bailey=
=20
is proposing that all power sold from now through summer 2002 be priced at=
=20
the cost of producing it, plus a profit of 15 percent. That's more than a=
=20
regulated utility would make but less than most private companies seek, and=
=20
far less than electricity providers have been earning of late.=20
Cynics might note that Bailey is proposing caps only after his company has=
=20
squeezed all it can from California. The firm reported last week that profi=
ts=20
doubled in the first quarter of 2001 over a year ago, with pretax income fr=
om=20
its energy services nearly tripling, to $600 million. Much of the 4,000=20
megawatts of electricity that Williams controls in California is already=20
committed in long-term contracts -- so Bailey has relatively little to lose=
=20
if what remains can only be sold at controlled prices.=20
But here is at least one measure of Bailey's sincerity: His company still i=
s=20
owed $252 million for electricity it has provided California. And he's not=
=20
insisting that the debt be paid before his proposed profit caps take effect=
,=20
or even as part of the deal.=20
"Clearly there is a past that has to be dealt with," he said. "Whether that=
=20
ultimately gets dealt with in bankruptcy court or negotiations with the=20
parties, it will sort itself out one way or another. Perhaps if we find=20
prices that work going forward, that could be used as a framework."=20
Bailey, an engineer by training, says no one should mistake his proposal fo=
r=20
a lack of confidence in free markets. He still firmly believes that a=20
deregulated energy market would be best for California and the rest of the=
=20
West in the long term. He just wants to make sure there is a long term.=20
Bailey is watching, and listening, to California. He hears talk of seizing=
=20
power plants, of turning to a public power system. He describes these ideas=
=20
as Draconian and says they would not solve the problem. But he also knows=
=20
there is a limit to what Californians -- and their elected leaders -- can=
=20
take.=20
"I recognize we live in a democracy, and lots of things could happen," he=
=20
said.=20
What he is proposing, in effect, is a safety valve. He wants to limit the=
=20
market in order to save it.=20
"This is an extraordinary situation," Bailey said. "We need to help create=
=20
some breathing room. ... We all have to work together, and this is the righ=
t=20
thing to do."=20
Bailey's proposal, made at a conference of energy producers and traders in=
=20
Oklahoma last week, was almost lost amid all the focus on the price caps=20
approved in Washington. But there is still time to give the idea the=20
attention it deserves. Properly nourished, it could be the breakthrough tha=
t=20
solves this crisis. Davis and others in California should seize the moment.=
=20

The Bee's Daniel Weintraub can be reached at (916) 321-1914 or at=20
dweintraub@sacbee.com.
---------------------------------------------------------------------------=
---
-----------------


Power Companies Step Up Lobbying=20


By JULIE TAMAKI and MIGUEL BUSTILLO, Times Staff Writers=20

?????SACRAMENTO--As California's electricity crisis exploded this year, so=
=20
did lobbying by energy companies.
?????Pacific Gas & Electric Co., which has filed for bankruptcy protection,=
=20
spent $622,000 lobbying lawmakers and Gov. Gray Davis' administration durin=
g=20
the first three months of the year, according to reports filed with the sta=
te=20
Monday.
?????The reports show that seven energy companies spent more than $1 millio=
n=20
on lobbying as they ramped up their response to the crisis. Houston-based=
=20
power producer Reliant Energy, for example, spent nearly $100,000 on lobbyi=
ng=20
firms through March 31--almost four times the $25,523 it spent during all o=
f=20
last year.
?????The documents show that lobbyists for the firms were hard at work tryi=
ng=20
to influence a horde of energy-related measures, from legislation to set ne=
w=20
rates for small power producers to a bill that put California in the=20
electricity purchasing business.
?????PG&E spokesman Ron Low said his company racked up hundreds of thousand=
s=20
of dollars in expenses in its unsuccessful effort to reach an agreement wit=
h=20
the state on the purchase of its transmission lines. An unprecedented numbe=
r=20
of energy-related bills added to PG&E's need to hire lobbyists, Low said.
?????"During the first quarter this year, more than 350 bills were introduc=
ed=20
in the Legislature that deal with the energy industry," Low said. "Almost a=
ll=20
those bills affected our customers and required staff analysis, testimony=
=20
before legislative committees, and questions to be answered for legislators=
=20
and their staff."
?????Sempra Energy, the parent firm of San Diego Gas & Electric, spent=20
$192,000 lobbying lawmakers in Sacramento and regulators at the Public=20
Utilities Commission, roughly half of what it spent all of last year.
?????The utility also made campaign contributions to political parties and=
=20
Sacramento politicians, giving $250 to Lt. Gov. Cruz Bustamante, $750 each =
to=20
Assembly members Keith Richman (R-Northridge) and George Runner Jr.=20
(R-Lancaster) and $1,000 to Sen. Kevin Murray (D-Culver City), among others=
.
?????A lobbying report for the parent company of Southern California Edison=
=20
was not available Monday evening. The reports were required to be filed bot=
h=20
electronically and by mail, postmarked by midnight Monday.
?????Electricity merchants and generators also boosted their spending. El=
=20
Paso Energy Corp., which owns one of the main natural gas pipelines into=20
California, spent nearly $22,000. It reported lobbying Davis' office and th=
e=20
California Energy Commission.
?????Lobbyists hired by the company, according to the report, also spent $6=
07=20
on dinners held in January and February with five lawmakers and an Assembly=
=20
staff member to discuss energy-related issues.
?????Assemblyman Roderick Wright, the Los Angeles Democrat who chairs the=
=20
Assembly's Utilities and Commerce Committee, dined with a lobbyist=20
representing El Paso on Feb. 21 at the Esquire Grill, a Sacramento=20
restaurant, according to the report. Assemblyman Joe Canciamilla=20
(D-Pittsburg), who heads a subcommittee exploring natural gas issues, also=
=20
ate at the Esquire on El Paso's tab that night.
?????The Houston-based power firm Dynegy Inc. spent $32,261 on lobbying=20
through March 31, compared to $24,000 during all of last year. Another=20
Houston energy company, electricity marketer Enron Corp., spent $66,994.
?????Duke Energy is among the firms paying top dollar for Sacramento=20
lobbyists as it seeks to build power plants in California to capitalize on=
=20
the state's energy shortage. The company reported spending more than $62,00=
0=20
on lobbying through March 31--more than it spent all of last year.
?????"We would be remiss in not ensuring that our voice is heard in=20
Sacramento," said Duke Energy spokesman Tom Williams, adding that his firm'=
s=20
proposed Moss Landing power plant would provide "30% of the new generation=
=20
[of electricity] for the whole state of California in 2002."
?????"They're [lobbyists] not speaking for us, he added. "They're helping u=
s=20
know exactly who to speak with to make sure we're appropriately heard--and=
=20
frankly, to ensure that we can get our power plants built."
---=20
?????Times staff writer Nancy Vogel contributed to this story.

Copyright 2001 Los Angeles Times=20
---------------------------------------------------------------------------=
---
-----------------------------------


Power Marketer Ordered by FERC to Refund $8 Million=20
Energy: Williams Energy agrees to pay but admits no wrongdoing in taking=20
plants offline.=20

By NANCY VOGEL and ROBERT J. LOPEZ, Times Staff Writers=20

?????In the first action of its kind during the California energy crisis,=
=20
federal regulators have ordered an out-of-state electricity marketer to=20
refund $8 million in connection with allegations that plants were improperl=
y=20
shut down to hike power prices.
?????Tulsa-based Williams Energy Marketing & Trading has agreed to pay the=
=20
refund under an order issued Monday by the Federal Energy Regulatory=20
Commission.
?????The firm, which admitted no wrongdoing in the settlement agreement, wa=
s=20
probed for allegedly forcing utilities to pay higher prices by taking key=
=20
generating units in Long Beach and Huntington Beach offline in April and Ma=
y=20
of last year.=20
?????Paula Hall-Collins, a Williams spokeswoman, said her company settled t=
o=20
end the matter. She said that the company would have been exonerated had it=
=20
pursued the case.
?????"We decided to go ahead with the settlement in order to put it behind =
us=20
and move forward to more productive matters concerning California power=20
issues," she said.
?????While federal investigations of alleged overcharges by several firms a=
re=20
continuing, Monday's order marked the first time a major power merchant has=
=20
been forced to pay back earnings since California forged into electricity=
=20
deregulation in 1996.
?????Critics and the state's independent grid operator have accused power=
=20
sellers of unjustly ratcheting up electricity prices in part by taking plan=
ts=20
offline.
?????In the case of Williams, the federal energy panel investigated the=20
shutdown of power plants that were obligated to provide electricity to the=
=20
state.
?????Desperate for power, California's grid operator had to turn to another=
=20
provider and pay as much $750 per megawatt-hour--more than 10 times the=20
normal price. The $8-million refund will go back to the grid operator.
?????Williams markets power produced at California plants owned by AES Corp=
.=20
of Arlington, Va.
?????Federal investigators probed the actions of both Williams and AES, but=
=20
the refund order affects only Williams. Initially, FERC had sought a refund=
=20
of about $10.8 million, but settled for $8 million in the compromise=20
agreement.=20
?????AES spokesman Aaron Thomas said the power plants in question were shut=
=20
down because of mechanical problems. He noted that his firm derived no prof=
it=20
from the replacement power sold by Williams.
?????"We literally get paid to convert Williams' gas into Williams'=20
electricity, which they then sell into the marketplace," Thomas said. "We'r=
e=20
not paying any fines, and we didn't do anything wrong."
---=20
?????Times staff writers Rich Connell and Richard Simon contributed to this=
=20
story.

Copyright 2001 Los Angeles Times=20
---------------------------------------------------------------------------=
---
-----------------------------------------


Davis Turns to Bankruptcy Court for Help in Plan to Buy Power Grid=20
Utility: He seeks support from panel representing creditors of PG&E. The fi=
rm=20
has rebuffed state's offers.=20

By DAN MORAIN and RICHARD SIMON, Times Staff Writers=20

?????SAN FRANCISCO--Foiled in his first attempt to buy Pacific Gas &=20
Electric's transmission grid, Gov. Gray Davis said Monday that he has tried=
a=20
new tactic: bypassing the company and attempting to build support for the=
=20
deal in Bankruptcy Court.
?????Davis' plan to buy the grid appeared to have ended disastrously last=
=20
month when the giant utility filed for bankruptcy protection. But Davis sai=
d=20
his advisors now are trying to sell the idea to a committee of PG&E credito=
rs=20
that hold a stake in the utility's Chapter 11 proceeding.
?????The creditors committee, representing the hundreds of companies owed=
=20
money by PG&E, does not by itself hold the power to accept or reject the=20
deal, which Davis sees as a key to his plan to restructure the state's=20
crippled electricity system. But the committee will play an important role =
in=20
any reorganization plan that is ultimately hammered out in U.S. Bankruptcy=
=20
Court.
?????Given that power, Davis sent advisors to brief the committee last=20
Wednesday. The advisors told the committee about the deal they struck with=
=20
Southern California Edison to buy its share of the statewide transmission=
=20
grid, and the similar deal that PG&E rejected.
?????"I'm not saying they embraced it entirely," Davis said, after speaking=
=20
at a conference of technology entrepreneurs put on by the J.P. Morgan=20
investment bank. "But they liked parts of it, asked good questions, and I=
=20
thought it was a good beginning."
?????Paul Aronzon, the lead lawyer for the creditors committee, stressed th=
at=20
the meeting with Davis' advisors would not lead directly to a deal. The=20
governor's representatives "did not come out and say, 'Would you guys sell =
us=20
the transmission grid?' " he said. Rather, Aronzon said, the advisors simpl=
y=20
brought the creditors up to speed on what Davis has put on the table.
?????Davis has offered more than $7 billion to buy the transmission systems=
=20
of Edison, San Diego Gas & Electric and PG&E. So far, only Edison has=20
accepted the deal. The cash infusion would help the utilities restructure=
=20
their debts, and ultimately relieve the state of the need to continue buyin=
g=20
electricity on their behalf.
?????The Davis administration made public Monday its most detailed breakdow=
n=20
yet on the costs it expects to incur purchasing electricity over the next=
=20
years.
?????However, the extra information failed to satisfy Republican lawmakers,=
=20
who are holding up legislation needed to repay the state budget for the=20
billions already spent on electricity.
?????California will spend $15 billion buying power this year, according to=
=20
projections by Davis' advisors.
?????But that total will drop to $9 billion next year and $7 billion the ne=
xt=20
as long-term electricity contracts, energy conservation efforts and new pow=
er=20
supplies combine to lower the state's costs.
?????With money from higher electric rates and a planned $12.5-billion bond=
,=20
the state should be able to cover the costs of power and operate at a surpl=
us=20
starting in November 2002, the administration projected.
?????Several Republicans took note of the date: It is the month of the 2002=
=20
gubernatorial election, when Davis is expected to seek a second term.
?????The figures were based on a dizzying number of assumptions about the=
=20
state's energy future. The projections assume, for example, that California=
ns=20
will reduce energy consumption by 7%, and that 90% of the state's alternati=
ve=20
energy producers will soon generate electricity again. Now only about 65% a=
re=20
online.
?????Davis administration officials defended the figures, saying that they=
=20
were conservative.
?????The reaction to the figures reflects a growing rift between Democrats=
=20
and Republicans over how best to solve the state's problems. Efforts have=
=20
been lurching unsteadily on several fronts, including the courts, the state=
=20
Legislature and Congress, with considerable political head-butting taking=
=20
place in the last two.
?????In Washington today, a key congressional panel is expected to take up=
=20
emergency legislation intended to help California, although Davis and other=
=20
Democrats have criticized the effort as useless.
?????The bill's 19 provisions would, among other things, provide federal ai=
d=20
to relieve a bottleneck in the state's transmission system, permit governor=
s=20
to obtain temporary waivers of environmental rules to boost power supplies,=
=20
and direct federal disaster officials to help California prepare for=20
blackouts.
?????A spokesman for Davis said the Republican-drafted legislation offers "=
a=20
lot of things we don't need, and fails to address the one thing we do need,=
"=20
namely firm price controls on wholesale electricity sales.
?????Democrats and Republicans have strong, fundamental disagreements about=
=20
how best to solve the crisis, with Democrats supporting price controls, if=
=20
only temporarily, and many Republicans, including President Bush, opposed t=
o=20
tampering with the market.
?????Several Democrats who attended a White House ceremony Monday to mark=
=20
Bush's first 100 days in office spoke briefly to the president about the=20
energy situation.
?????"He was not very sympathetic," said Rep. Bob Filner (D-San Diego), an=
=20
advocate of price controls. "They have their minds pretty well made up."
?????In one effort to seize the initiative, a divided state Senate=20
Appropriations Committee approved a bill Monday that would impose a windfal=
l=20
profits tax on electricity sellers who gouge California consumers. Revenue=
=20
from the tax would flow back to Californians in the form of a credit on the=
ir=20
state income taxes, starting next April 15.
?????"Our backs are to the wall," said one sponsor of the bill, Sen. Jack=
=20
Scott (D-Altadena). "We believe that this is one time when we can stand up =
to=20
an avaricious energy generator and say, 'No more.' "
?????On a 7-3 vote, Democrats on the committee voted for the bill, SB1X, an=
d=20
Republicans lined up against it. The measure moved to the Senate floor, whe=
re=20
it will require only a simple majority of 21 votes and is expected to pass.
?????Davis has said he is open to signing a windfall profits bill, but he h=
as=20
not publicly lobbied for its passage.
?????Also Monday, legislation was introduced in the Assembly to bolster=20
natural gas supplies in the state. Tight supplies have led to soaring costs=
=20
for natural gas, the fuel most commonly used to generate electricity in=20
California.
---=20
?????Morain reported from San Francisco and Simon from Washington. Times=20
staff writers Miguel Bustillo, Carl Ingram and Julie Tamaki in Sacramento,=
=20
Tim Reiterman in San Francisco and Mitchell Landsberg in Los Angeles=20
contributed to this story.

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

Feds want surcharge to pay utilities' debts=20
THE PLAN: Additional rate boost likely, cash would go to power suppliers=20
Carolyn Said, Chronicle Staff Writer
Tuesday, May 1, 2001=20
,2001 San Francisco Chronicle=20
URL:=20
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/c/a/2001/05/01/MN9985.DTL=
=20
Federal energy regulators have proposed a surcharge on wholesale electricit=
y=20
sales in California to compensate generating companies, angering state=20
officials who say the idea amounts to gouging consumers.=20
The Federal Energy Regulatory Commission suggested collecting the money to=
=20
reimburse electricity suppliers who have debts from Pacific Gas and Electri=
c=20
Co., Southern California Edison and San Diego Gas & Electric Co. Power=20
companies accrued some $6 billion in unpaid bills from California's=20
struggling utilities in late 2000 and early this year, until the state=20
stepped in to take over the purchasing of power.=20
"Under the pretense of helping California, (FERC) is proposing to steal=20
additional money from California ratepayers to pad the pockets of the greed=
y=20
energy companies," Gov. Gray Davis said in a statement. "FERC does not care=
=20
one wit about the ratepayer. Their plan is a total capitulation to the ener=
gy=20
companies."=20
Sen. Dianne Feinstein, D-Calif., who has been an outspoken critic of FERC's=
=20
policies in California, said the surcharge would "ensure that power=20
generators get paid fully for their price gouging. That is outrageous and=
=20
will further alienate Californians."=20
The surcharge presumably would be levied on the California Department of=20
Water Resources, which, as the state's purchasing agent, has already spent=
=20
more than $5 billion on power since January. The DWR's costs, in turn, are=
=20
likely to be borne by California's consumers and taxpayers.=20
FERC would require the California Independent System Operator, which runs t=
he=20
state's power grid, to collect the surcharge. But state regulators could=20
challenge the surcharge.=20
"We have 30 days to comment to FERC and are considering our options," said=
=20
Sean Gallagher, state counsel at the California Public Utilities Commission=
.=20
"If (FERC's) concern is public policy and maintaining just and reasonable=
=20
prices for consumers, I don't quite understand why they would get into the=
=20
middle of a legal wrangle about past bills' getting paid," said Severin=20
Borenstein, director of the University of California Energy Institute in=20
Berkeley. "It is true the firms would like to get paid. I'm not sure what=
=20
FERC has to do with helping them collect their money."=20
A 'GOUGING TAX'
Consumer advocates characterized the surcharge as a "gouging tax" that=20
underscores the Bush administration's close ties to energy firms, many of=
=20
which are based in President Bush's home state of Texas.=20
"This is evidence that FERC and the administration are more interested in=
=20
protecting the energy industry than the consumers or taxpayers of=20
California," said Doug Heller, a consumer advocate with the Los Angeles-bas=
ed=20
Foundation for Taxpayer and Consumer Rights. "It's back-billing us to pay=
=20
prices that were unjust and unreasonable per the FERC's own analysis."=20
FERC's Curt Hebert, a Mississippi Republican whom President Bush appointed=
=20
chairman of the commission, was behind the surcharge proposal, which he tol=
d=20
the Wall Street Journal was a way "to stabilize the market." Hebert did not=
=20
return calls for comment.=20
The surcharge was proposed in FERC's 39-page "mitigation" plan to alleviate=
=20
wholesale electricity prices in California during power emergencies; the pl=
an=20
was released last week. FERC said it would accept public comment on the=20
proposal for 30 days, after which it would decide whether to implement it.=
=20
COMPLICATED ISSUES
Even the power industry, the presumptive beneficiary of the surcharge, did=
=20
not express whole-hearted support for it.=20
"I'm glad they brought it up," said Gary Ackerman, executive director of th=
e=20
Western Power Trading Forum, which represents all major buyers and sellers =
of=20
wholesale electricity in California. "But it skirts the issue of what's sta=
te=20
regulated and what's federally regulated. I'm not sure how federal regulato=
rs=20
can pass a charge on wholesale costs which then ends up on consumers, witho=
ut=20
the state saying it's OK."=20
Some of the proposal's wording is unclear. It discusses, for example, wheth=
er=20
the surcharge money "should cover all past-due amounts or only future unpai=
d=20
bills starting from the date the plan is begun."=20
The reference to "future unpaid bills" is puzzling since, with the state of=
=20
California picking up the tab, electricity suppliers no longer are=20
accumulating unpaid bills from the utilities.=20
"That could become a self-fulfilling prophecy; we don't want to go there,"=
=20
Ackerman said about the idea of "future unpaid bills."=20
The FERC proposal also implies that electricity generators have reduced=20
production in California, an allegation the power companies themselves deny=
.=20
FERC asked for comments on whether the surcharge "would help to increase=20
production by creating a greater assurance that generators will be paid."=
=20
E-mail Carolyn Said at csaid@sfchronicle.com.=20
,2001 San Francisco Chronicle ? Page?A - 1=20
---------------------------------------------------------------------------=
---
---------------------------------------------------------------
Lawmakers offer bills aimed at cutting natural gas prices=20
JENNIFER COLEMAN, Associated Press Writer
Tuesday, May 1, 2001=20
,2001 Associated Press=20
URL:=20
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/news/archive/2001/05/01/s=
tate0
949EDT0128.DTL&type=3Dnews=20
(05-01) 06:49 PDT SACRAMENTO (AP) -- Gov. Gray Davis is relying on stringen=
t=20
conservation measures, increased electricity supply and quick Legislative=
=20
authority to proceed with a $12.5 billion revenue bond issue to head off=20
blackouts this summer.=20
Davis administration officials briefed lawmakers Monday on the governor's=
=20
plan to rescue Southern California Edison by buying the utility's=20
transmission lines.=20
The extra financial details Davis' representatives gave Assembly Republican=
s=20
include forecasts of the Department of Water Resources' summer power=20
purchases -- the same figures the state will use to find buyers for $12.5=
=20
billion in bonds to pay for future power.=20
Those forecasts, some Republicans said, count on too many things falling in=
to=20
place, including the assumption that all of the state's financially trouble=
d=20
alternative energy producers will be online.=20
Though energy analysts have predicted skyrocketing energy costs for summer =
--=20
up to $1,500 per megawatt hour -- the governor's plan calculates an average=
=20
cost of $195 per megawatt hour over June, July and August.=20
That's because DWR cut long-term contracts covering a major part of the=20
electricity needed during peak times, said Ron Nichols, senior managing=20
director for Navigant Consulting Inc.=20
Long-term contracts and conservation will minimize the effect of the expect=
ed=20
high spot prices, Nichols said.=20
In essence, Davis aides, much of the conservation will be spurred by sticke=
r=20
shock felt by consumers when they get their higher rates on their June bill=
s.=20
PG&E customers will see a 34 percent increase, Southern California Edison's=
=20
will jump 32 and San Diego Gas and Electric rates will jump 44 percent.=20
Davis' consultants predict the state can conserve up to 7,234 megawatts=20
during peak demand -- about 16 percent of a 45,000 megawatt load that summe=
r=20
weather can bring on. One megawatt is roughly enough power for 750 homes.=
=20
Much of that conservation, 2,484 megawatts, will come from three different=
=20
conservation programs through the California Independent System Operator,=
=20
keeper of the state's power grid.=20
Davis' ''20/20'' conservation plan is expected to cut another 2,200 megawat=
ts=20
of demand. The rest of the cuts come from the sticker shock of higher=20
consumer rates and by estimating how much less power Californians are using=
=20
this year compared to last year.=20
``If we're wrong, there are certain reserves built in,'' said Susan Kennedy=
,=20
deputy chief of staff and secretary of cabinet. Either the state borrows mo=
re=20
or there will be blackouts, she added, and if the price of power goes highe=
r=20
than expectations, the state won't be able to afford it.=20
By the end of 2002, Davis estimates, DWR will spend $26.9 billion to buy=20
power for customers of the three financially ailing utilities. Of that, $12=
.5=20
billion will be paid for by revenue bonds that will add up to one cent per=
=20
kilowatt hour to customer bills for 15 years.=20
The Legislature approved the revenue bonds based on a formula that would se=
t=20
the amount of the issue. Now Davis' representatives say it's urgent that th=
e=20
Legislature approve a bill with a firm cap so they could begin the bond sal=
e.=20
``We need the unambiguous authority to sell bonds. We need it right now. We=
=20
cannot afford any delays,'' Kennedy said.=20
A bill putting a $10 billion limit on the bonds stalled in the Assembly las=
t=20
week after Republicans refused to vote for it until they received more=20
details about Davis' power buys and long-term contracts.=20
Republicans wondered about the ability of the alternative generators to be=
=20
online, a sentiment shared by the industry. Currently, about one-third are=
=20
off-line now because PG&E and Edison owe them more than $1 billion.=20
The Public Utilities Commission ordered the utilities to pay those generato=
rs=20
every other week starting April 1, but the large debts have the generators=
=20
fighting to stay open, said Jan Smutny-Jones, executive director of the=20
Independent Energy Producers.=20
Davis' predictions aren't rosy, but realistic, said Joseph Fichera, a=20
financial adviser for the governor. ``It minimizes the risk of blackouts, b=
ut=20
you can never eliminate it.''=20
Also Monday, an Assembly subcommittee unveiled four bills Monday designed t=
o=20
increase supplies of natural gas, including streamlining approvals for gas=
=20
storage and new pipelines.=20
After conducting hearings on the market, the subcommittee is recommending t=
he=20
state streamline the PUC's process to approve underground natural gas stora=
ge=20
facilities and new pipelines, allow lower-grade California natural gas to b=
e=20
used by industrial users and reform tariffs to see if they discourage=20
investments in a variety of natural gas-related ventures.=20
Meanwhile, the state remained free of power alerts Tuesday morning as=20
reserves stayed above 7 percent.=20
On the Net:=20
The bill numbers are: AB78x by Canciamilla; AB73x by Canciamilla and=20
Dickerson; AB23x, by Assemblyman Dennis Cardoza, D-Atwater, and Assemblywom=
an=20
Barbara Matthews, D-Tracy; and AB42x, by Diaz.=20
Read the bills at www.assembly.ca.gov=20
,2001 Associated Press ?=20
---------------------------------------------------------------------------=
---
---------------------------------------------------------------
Developments in California's energy crisis=20
The Associated Press
Tuesday, May 1, 2001=20
,2001 Associated Press=20
URL:=20
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/news/archive/2001/05/01/s=
tate0
946EDT0127.DTL&type=3Dnews=20
, , -- (05-01) 06:46 PDT Developments in California's energy crisis:=20
TUESDAY:< ?-- An Assembly electricity oversight committee releases report o=
n its ?investigation of alleged natural gas price and supply manipulation. =
?-- The state remains free of power alerts as electricity reserves stay abo=
ve ?7 percent. ?MONDAY:<=20
-- Gov. Gray Davis' staff briefs Assembly Republicans on the plan to purcha=
se=20
Southern California Edison's transmission lines. The governor estimates tha=
t=20
during peak hours this summer, Californians can conserve more than 7,000=20
megawatts. That's enough power for more than 5 million homes. Davis' advise=
rs=20
say the Legislature needs to quickly approve a bill that would let the stat=
e=20
issue bonds to buy power for customers of Pacific Gas and Electric, San Die=
go=20
Gas and Electric and Edison. The bonds would also repay the general fund fo=
r=20
the more than $5 billion the state has already spent on power.=20
-- PG&E's transmission lines could still be bought by the state despite the=
=20
utility seeking bankruptcy protection when an earlier deal with state=20
negotiators fell through, Davis says. Davis tells reporters that a creditor=
s=20
committee of businesses owed money by PG&E asked the state for a briefing o=
n=20
talks to buy San Diego Gas and Electric Co.'s transmission lines. Davis say=
s=20
he believes there is still some possibility of buying PG&E's lines.=20
-- Williams Energy agrees to pay $8 million to settle charges by federal=20
regulators that the company withheld power to drive up prices.=20
``We decided to settle to put this behind us and to put our full attention=
=20
toward more productive matters in relation to California versus going throu=
gh=20
a costly and long hearing process,'' said Williams spokeswoman Paula=20
Hall-Collins. She said Williams ``is confident that a full hearing of the=
=20
facts would have exonerated us entirely.''=20
-- Members of the Assembly Subcommittee on Natural Gas Costs and Availabili=
ty=20
unveil legislation to cut natural gas prices.=20
-- The state Assembly approves a bill that lets a private energy company=20
purchase a shuttered PG&E power plant. The North American Power Group plans=
=20
to reopen the Kern Power Plant that PG&E shut down in 1985. Once renovated,=
=20
it will provide enough electricity about 180,00