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, 5 Jun 2001 02:56:00 -0700 (PDT)

Please see the following articles:

Sac Bee, Tues, 6/5: Ose electricity bill buffeted by political storms

Sac Bee, Tues, 6/5: Bush vs. price caps: Economists correct a faulty power=
=20
lecture (Editorial)

SD Union, Tues, 6/5: A game of victims and villains

SD Union, Tues, 6/5: Idled plants coming back on line

SD Union, Mon, 6/4: Planned plant shutdowns easing, boosting state's power=
=20
supply

SF Chron, Tues, 6/5: Chevron threatens to cut gas supply in state=20

SF Chron, Tues, 6/5: PG&E creditors approve bonuses=20
Utility must file reorganization plan by end of year, or CEO only gets=20
$600,000 extra

SF Chron, Tues, 6/5: 56% favor limits on electricity prices, poll finds

SF Chron, Tues, 6/5: Developments in California's energy crisis

SF Chron, Tues, 6/5: PG&E sues to challenge reimbursement to state

Mercury News, Tues, 6/5: Critics say Calpine plan too generous =20

Mercury News, Mon, 6/4: PBS documentary shines light on energy crisis =20
(Enron mentioned)

Mercury News, Tues, 6/5: California's big turnoff (Editorial)

Mercury News, Tues, 6/5: FERC shirk (Editorial)

OC Register, Tues, 6/5: Edison plugging shareholders into Capitol

OC Register, Tues, 6/5: SDG&E to seek rate hike to cover $915 million tab

OC Regiser, Tues, 6/5: Energy notebook
AES power plant repairs might not meet target date

Individual.com (Businesswire), Tues, 6/5: GWF Signs Long-Term Contract to=
=20
Provide 430 MW
of Power to California=20

WSJ, Tues, 6/5: Electricity prices (Chart)

NY Times, Tues, 6/5: Surplus of Finger-Pointing In California Energy Crisi=
s

LA Times, Tues, 6/5: California PSEG Signs 10-Year Contract to Supply=20
Electricity to State

LA Times, Tues, 6/5: Panel OKs Subpoenas for Energy Companies Electricity =
:=20
Special state Senate committee will demand pricing information in inquiry=
=20
into whether
California has been gouged

---------------------------------------------------------------------------=
---
-----------------------------------
Ose electricity bill buffeted by political storms=20
By David Whitney
Bee Washington Bureau
(Published June 5, 2001)=20
WASHINGTON -- Rep. Doug Ose's legislation to bring order to skyrocketing=20
wholesale electricity prices is helping House Republicans rescue an emergen=
cy=20
electricity bill, but it hasn't quelled Democrats' increasingly strident ca=
ll=20
for more extensive price controls.=20
Utility sources, meanwhile, said the Sacramento Republican's legislation=20
won't do enough to stop the rapid escalation in wholesale power rates in=20
California and the West Coast.=20
And Mark Cooper, director of research for the Consumer Federation of Americ=
a,=20
charged that the bill would lead to even higher power rates for most=20
Californians. "Ose's bill simply legalizes the transfer of billions of=20
dollars from California to Texas and Oklahoma," Cooper said.=20
Ose, chairman of the House Government Reform Committee's energy policy pane=
l,=20
introduced his bill last month. The measure was promptly referred to the=20
House Energy and Commerce Committee, whose Republican leaders saw it as a w=
ay=20
out of a politically sticky mess.=20
With Democrats demanding that federal regulators set wholesale rates based =
on=20
generators' actual cost of producing power and the Bush administration=20
opposing anything that looks like price caps, Ose's idea contained the seed=
s=20
of compromise.=20
Ose expanded on what the Federal Energy Regulatory Commission already had=
=20
endorsed in a controversial "price mitigation" order for the California=20
market that took effect last week.=20
That order states that during a power emergency, the wholesale price on the=
=20
spot market will be pegged to the cost of production at the highest-cost,=
=20
least-efficient plant selling into the market at the time.=20
Ose's bill defuses some of the Democratic criticism of that action by makin=
g=20
the order apply at all times and throughout the 13-state Western region.=20
"It is not a cap," Ose said. "It is market driven. It rewards those who are=
=20
most efficient, and it rewards those who are most environmentally sensitive=
=20
and responsible."=20
House Energy and Commerce Committee leaders hope to use the bill this week =
as=20
the framework to jump-start a package of emergency electricity provisions,=
=20
including authorization of a $200 million fix of a critical Central=20
California transmission line bottleneck.=20
California Democrats, heartened by the leadership change in the Senate that=
=20
strengthens Sen. Dianne Feinstein's hand on her price-control legislation,=
=20
are working to derail the Ose compromise.=20
"By allowing the least-efficient generator to set the price, this proposal=
=20
creates a system that will encourage massive market manipulation, raising=
=20
prices even further," they said in a statement. "This amendment will do=20
nothing to help stop the economic bleeding."=20

The Bee's David Whitney can be reached at (202) 383-0004 or=20
dwhitney@mcclatchydc.com.


Bush vs. price caps: Economists correct a faulty power lecture


(Published June 5, 2001)=20

In his recent commencement address at Yale University, President Bush salut=
ed=20
the C students in the graduating class: "I say you, too, can be president o=
f=20
the United States." But when he lectured California last week on the evils =
of=20
electricity price controls, the joke seemed less funny. What America's most=
=20
famous C student didn't learn in economics class is costing the state dearl=
y.=20
"Price caps do nothing to reduce demand, and they do nothing to increase=20
supply," Bush said in his Los Angeles address, repeating a standard lesson=
=20
out of introductory economics textbooks. Unfortunately, as 10 energy=20
economists from universities around the nation made clear last week in an=
=20
open letter on the state's electricity crisis, Bush must have missed the=20
later chapters.=20
The textbooks' admonitions against price controls apply to competitive=20
markets. When competition breaks down, giving one or a few producers the=20
ability to control prices, the textbooks are equally firm that regulation i=
s=20
needed to keep them from exploiting consumers.=20
That's the situation confronting California -- and federal regulators.=20
Electricity markets here long ago ceased to be competitive. Because of a=20
flawed market structure and a temporary imbalance between supply and demand=
,=20
generators learned last year that they had market power: By withholding=20
supply at key times and places, they drove up the price of power beyond the=
=20
level that would otherwise prevail in a competitive market.=20
"We cannot expect a market to operate to benefit consumers ... if effective=
=20
competition does not exist," the economists said in their letter. "In this=
=20
case, cost-of-service prices are an obvious remedy."=20
They noted that several useful proposals have been submitted to the Federal=
=20
Energy Regulatory Commission (FERC) for temporary price restraints on=20
wholesale prices. These would last only until new plants now being built co=
me=20
online to alleviate the shortage.=20
Such restraints could meet the federal legal requirement that prices be "ju=
st=20
and reasonable" without discouraging construction of new power plants or=20
generation from existing plants, which is needed to keep the lights on this=
=20
summer. In fact, as some economists have pointed out, the right kind of pri=
ce=20
controls could actually increase supply by removing any incentive for=20
generators to withhold electricity to game the market.=20
Bush's regulatory inaction is producing an unprecedented transfer of wealth=
=20
from California households and businesses to the generating firms, a shift=
=20
that endangers the health of the state's economy. Unless FERC or Congress=
=20
steps in, that wealth transfer likely will yield a political backlash not=
=20
only against electricity deregulation, but also against market-based polici=
es=20
in general. Even a C student should know enough history to understand that'=
s=20
not a risk an incumbent politician wants to court.




A game of victims and villains=20



Stereotypes cloud the complexity of energy issue
By Dana Wilkie=20
COPLEY NEWS SERVICE=20
June 5, 2001=20
WASHINGTON -- When Gov. Gray Davis refers to those Texans taking California=
ns=20
to the cleaners with electricity prices, the impression he apparently wants=
=20
to leave is one of greedy and unscrupulous Republicans who probably look li=
ke=20
oil baron J.R. Ewing.=20
And when Bush administration officials sniff that Californians got themselv=
es=20
into this energy mess, they seem to be conjuring up the image of=20
short-sighted, tree-hugging Democrats who care more about Alaskan caribou=
=20
than about people.=20
Even if Davis and Bush shook hands and appeared civil in California last=20
Tuesday, the previous weeks of discord between the two left an indelible=20
impression on the public, experts said -- one colored by stereotypes that=
=20
easily strike a chord with voters but that also cloud the complexity of the=
=20
energy issue.=20
Those stereotypes pit the languid, Birkenstock-wearing Californian against=
=20
the respectable Texas corporate man; the gluttonous executive against the=
=20
rabid environmentalist; John Wayne against out-of-towners in black hats. Ju=
st=20
as when many in this country maligned Arabs during the 1970s oil embargo,=
=20
attempts to create victims and villains in the current energy crisis easily=
=20
appeal to public emotion.=20
Davis, a Democrat, recently invoked the image of hand-to-hand combat with a=
=20
fearsome foreigner: "We are literally in a war with energy companies, many =
of=20
which reside in Texas," Davis said after Bush, a Texan, released his energy=
=20
plan.=20
The image is straight from an old western.=20
"Gray Davis is playing John Wayne against the guy with the black hat," said=
=20
Mark Petracca, chairman of the political science department at the Universi=
ty=20
of California Irvine. "You sound like a socialist if you demonize middle-ag=
ed=20
white guys in suits who own capital. You sound like a cowboy with a white h=
at=20
when you demonize oil barons."=20
U.S. Sen. Barbara Boxer, another Democrat, plopped a black hat on Vice=20
President Dick Cheney, architect of Bush's energy plan: "You have the vice=
=20
president sounding like an oil man."=20
Said Petracca: "Of all the possible images that one could pick, the oil bar=
on=20
is the easiest to manufacture. It has the deepest cultural resonance, becau=
se=20
people have been exposed to this imagery on TV stations for years and years=
."=20
Helping to bolster that image, of course, is the fact that both Bush and=20
Cheney worked in companies involved with oil.=20
While Bush professes no part in the blame game -- "He's not interested in=
=20
finger-pointing," said White House press secretary Ari Fleischer -- Cheney=
=20
raised the stereotype of the superficial, mollycoddled, air-headed=20
Californian. On a national news program, he called California's electricity=
=20
deregulation scheme "harebrained" and Davis' suggestion that Bush allowed=
=20
price-gouging "goofy."=20
"You have a war of two biases," said Jack Pitney, a government professor at=
=20
Claremont McKenna College. "The bias of Texas as greedy and money-grubbing,=
=20
and the bias of California as shallow and narcissistic."=20
No matter how unrepresentative, these stereotypes are a way for the Davis a=
nd=20
Bush administrations, and the national political parties, to convince voter=
s=20
whom to blame for the energy mess. That one of the parties should be a=20
"culprit" is itself somewhat disingenuous, since the crisis has roots that=
=20
run across Republican and Democratic administrations.=20
Davis' once-stellar public approval ratings have withered, as Californians=
=20
increasingly disapprove of how he has handled the crisis. Facing re-=20
election next year and a considered a presidential prospect in 2004, the=20
governor often reminds Californians that the crisis grew out of a Republica=
n=20
deregulation scheme, and that he is working around the clock to build new=
=20
power plants.=20
California Attorney General Bill Lockyer, also a Democrat, recently portray=
ed=20
power-company executives as criminals: "I would love to personally escort=
=20
(Enron Corp. Chairman Kenneth) Lay to an 8-by-10 cell that he could share=
=20
with a tattooed dude who says, 'Hi, my name is Spike, honey,'=20
" Lockyer said.=20
Meanwhile, national Democrats have aired a TV ad in the Long Beach district=
=20
of GOP Rep. Stephen Horn that says the congressman teamed with Bush to oppo=
se=20
price caps that might have offered relief from summer blackouts.=20
"It's a short-term effort by Davis to blame (others) for his difficulties,=
=20
but it's also part of a longer-term national Democratic Party effort to mak=
e=20
a case that the administration is rather friendly to the big-energy=20
interests, and less friendly to conservationists," said Bruce Buchanan, a=
=20
University of Texas expert on the presidency.=20
If gasoline prices stay high, or if California's electricity problems spill=
=20
over into other states, it may be Bush -- and Republicans running in next=
=20
year's elections -- who land in trouble with the public. The GOP fears that=
=20
voters may perceive Republicans as the monopolistic and environmentally=20
unfriendly tools of oil companies.=20
In the 1970s, politicians found an easy culprit for long lines at gas=20
stations and high fuel prices: They preyed on stereotypes of Arabs.=20
"All you had to do was show a bunch of Arab sheiks -- who already look to u=
s=20
sort of exotic -- meeting in some country that makes people think of=20
international terrorism," said UC Irvine's Petracca. "Bingo -- you have som=
e=20
people to blame."=20
Now, as then, the images have little to do with reality.=20
Ben Paulos, who promotes alternative power with the Energy Foundation, said=
=20
"it's a simplification" to paint the culprits in California's energy crisis=
=20
as Texas oil companies.=20
"These are international companies that own things all over the place," he=
=20
said.=20
In fact, most of the privately owned power generators in California are own=
ed=20
by companies that are not from Texas.=20
And while conservationists get mileage out of associating these companies=
=20
with J.R. Ewing -- the Larry Hagman character who ran an oil company on TV'=
s=20
"Dallas" -- "these (Texas) companies we're talking about are not oil=20
companies," Petracca said. "They're energy companies, natural gas companies=
.=20
But people lump it all together."=20
Said Pitney: "When you're trying to get on (with news anchor) Dan Rather,=
=20
detailed matters about energy policy just don't make the cut."=20






Idled plants coming back on line=20



By Don Thompson=20
ASSOCIATED PRESS=20
June 5, 2001=20
SACRAMENTO -- California's electricity production should improve in the nex=
t=20
few weeks weeks as more power plants come back on line after spring=20
maintenance shutdowns, the state's grid operator said yesterday.=20
That, coupled with conservation efforts detailed by state officials Sunday,=
=20
could help during this summer's high temperatures, independent observers sa=
id=20
-- but not enough to stave off blackouts.=20
"We still find blackouts are inevitable," said Michael Zenker of Cambridge=
=20
Energy Research Associates, an energy research and consulting organization.=
=20
"There just isn't enough generation available."=20

By the middle of this month, every existing plant is scheduled to be=20
producing power. That contrasts with a historic high this spring when about=
a=20
third of the state's power generation was unavailable due to scheduled or=
=20
emergency shutdowns.=20
The high number of shuttered plants prompted state officials to suggest pow=
er=20
generators were deliberately withholding electricity to drive up prices, an=
d=20
Gov. Gray Davis ordered inspectors into plants to make sure generators=20
weren't cheating.=20
Generators objected, saying they have run their plants so hard since last=
=20
year that routine maintenance was overdue, which caused more unplanned=20
breakdowns.=20
The Independent System Operator, which runs the power grid, says equipment=
=20
breakdowns typically account for about 2,500 megawatts being off-line on an=
y=20
given day. Forced outages stripped the power grid of 2,673 megawatts=20
yesterday.=20
The power grid was short 4,144 megawatts due to planned shutdowns yesterday=
,=20
beating the Independent System Operator's projections that 5,800 megawatts=
=20
would be unavailable. That was down from 9,800 megawatts off-line for=20
scheduled maintenance when the state narrowly avoided rolling blackouts=20
Thursday.=20
The ISO projects that in a week, about 3,000 megawatts should be down for=
=20
maintenance, said ISO spokeswoman Stephanie McCorkle. "It looks like we're =
on=20
target with our goal of getting the planned maintenance down to zero by=20
mid-June."=20
More generation, however, "doesn't mean consumers can cut back on their=20
conservation, because at the same time more plants come on line, temperatur=
es=20
continue to rise," McCorkle said. By summer's peak in August and September,=
=20
California can be using more than 45,000 megawatts.=20
Californians cut their electricity use by 11 percent overall, and by about =
10=20
percent during peak demand hours last month compared to the same month last=
=20
year, the California Energy Commission said Sunday. In addition, the Davis=
=20
administration has signed more power contracts, and the price of that power=
=20
is falling.=20
"All that's good news. We're moving in the right direction," said Severin=
=20
Borenstein, director of the University of California Berkeley's energy=20
institute. However, "the amount of conservation we're going to need in the=
=20
late summer is even greater than we have now. We've got a long stretch ahea=
d=20
of us."=20







Planned plant shutdowns easing, boosting state's power supply=20



By Don Thompson
ASSOCIATED PRESS=20
June 4, 2001=20
SACRAMENTO =01) California's electricity production should improve in the c=
oming=20
weeks as more power plants come back on line after spring maintenance=20
shutdowns, the state's grid operator said Monday.=20
That, coupled with conservation efforts detailed by state officials Sunday,=
=20
could help during this summer's high temperatures, independent observers sa=
id=20
=01) but not enough to stave off blackouts.=20
"We still find blackouts are inevitable," said Michael Zenker of Cambridge=
=20
Energy Research Associates, an energy research and consulting organization.=
=20
"There just isn't enough generation available."=20
By mid-June, every existing plant is scheduled to be producing power. That=
=20
contrasts with a historic high this spring when about a third of the state'=
s=20
power generation was unavailable due to scheduled or emergency shutdowns.=
=20
The high number of shuttered plants prompted state officials to suggest pow=
er=20
generators were deliberately withholding electricity to drive up prices, an=
d=20
Gov. Gray Davis to order inspectors into plants to make sure generators=20
weren't cheating.=20
Generators objected, saying they have run their plants so hard since last=
=20
year that routine maintenance was overdue, which caused more unplanned=20
breakdowns.=20
Last Thursday, for instance, when California came within a hair of a sevent=
h=20
day of statewide blackouts, one of Duke Energy's 750-megawatt Moss Landing=
=20
units began springing boiler leaks.=20
"We almost lost it that day because we'd been putting off scheduled=20
maintenance for so long," said company spokesman Tom Williams. "You can nur=
se=20
those along for a while, but after a while they'll trip (off-line) and=20
they'll do it during the peak of the summer."=20
The Independent System Operator, which runs the power grid, says equipment=
=20
breakdowns typically account for about 2,500 megawatts being off-line on an=
y=20
given day. Forced outages stripped the power grid of 2,673 megawatts Monday=
.=20
The power grid was short 4,144 megawatts due to planned shutdowns Monday,=
=20
beating the Independent System Operator's projections that 5,800 megawatts=
=20
would be unavailable. That was down from 9,800 megawatts off-line for=20
scheduled maintenance when the state narrowly avoided rolling blackouts=20
Thursday.=20
By comparison, California was expected to use about 31,000 megawatts of pow=
er=20
during its afternoon peak period Monday, and top out at about 31,800=20
megawatts Tuesday afternoon. The 4,144 megawatts unavailable due to planned=
=20
shutdowns Monday would have powered about 3.1 million homes.=20
The ISO projects that in a week, about 3,000 megawatts should be down for=
=20
maintenance, said ISO spokeswoman Stephanie McCorkle. "It looks like we're =
on=20
target with our goal of getting the planned maintenance down to zero by=20
mid-June."=20
More generation, however, "doesn't mean consumers can cut back on their=20
conservation, because at the same time more plants come on line, temperatur=
es=20
continue to rise," McCorkle said. By summer's peak in August and September,=
=20
California can be using more than 45,000 megawatts.=20
Californians cut their electricity use by 11 percent overall, and by about =
10=20
percent during peak demand hours last month compared to the same month last=
=20
year, the California Energy Commission said Sunday. In addition, the Davis=
=20
administration said has signed more power contracts, and the price of that=
=20
power is falling.=20
"All that's good news. We're moving in the right direction," said Severin=
=20
Borenstein, director of the University of California, Berkeley's energy=20
institute. However, "the amount of conservation we're going to need in the=
=20
late summer is even greater than we have now. We've got a long stretch ahea=
d=20
of us."=20
Planned maintenance shutdowns this winter and spring helped prompt six days=
=20
of rolling blackouts, said ISO spokesman Gregg Fishman. The ISO recently=20
delayed installation of pollution control equipment at five plants until=20
winter so those plants can operate through the hot summer months.=20
"The idea is the plants go down mainly in the springtime, because usually=
=20
there's the hydro(electricity) there to replace them," Fishman said. But no=
t=20
with this year's water and snowfall shortage: "We got squeezed a couple of=
=20
times because of the hydro shortage either here (in California) or in the=
=20
Northwest."=20






Chevron threatens to cut gas supply in state=20
Bernadette Tansey, Chronicle Staff Writer
Tuesday, June 5, 2001=20
,2001 San Francisco Chronicle=20
URL: http://www.sfgate.com/cgi-bin/article.cgi?f=3D/c/a/2001/06/05/MN159275=
.DTL=20
Chevron Corp. will reduce gasoline production at its two California=20
refineries unless they are exempted from rolling blackouts, the company's=
=20
chief executive warned Gov. Gray Davis.=20
In a move that could raise California gas prices, Chevron's Richmond and El=
=20
Segundo plants will scale back output and rely solely on the power provided=
=20
by their own electrical generators, Chevron Chairman David O'Reilly said in=
a=20
letter Friday obtained by The Chronicle.=20
Chevron would not say how much less gas it would supply from its refineries=
,=20
which have a combined capacity of 485,000 barrels per day. But a spokesman=
=20
for the California Energy Commission said motorists could feel it at the=20
pump.=20
"Any reduction in production has an impact in the marketplace," said senior=
=20
fuel specialist Gordon Schremp. "Prices are going to go up."=20
Chevron's gasoline sales account for more than 18 percent of the California=
=20
market, company spokesman Fred Gorell said.=20
While other California refiners met yesterday's deadline to apply to state=
=20
regulators for exemptions from temporary outages, O'Reilly said Chevron wou=
ld=20
not submit an application.=20
To qualify for one of the exemptions being considered by the state Public=
=20
Utilities Commission, Chevron would have had to assert that its vulnerabili=
ty=20
to blackouts would present "imminent danger to public health or safety" --=
=20
something O'Reilly said Chevron could not do.=20
"Chevron will never operate its facilities in a manner that jeopardizes the=
=20
health or safety of its employees or its neighbors," O'Reilly wrote. Unless=
=20
the PUC or the Legislature shields Chevron from blackouts, it will rely on=
=20
its cogeneration plants.=20
Chevron set no time line for cutting production, but Gorell said the compan=
y=20
is looking for state action "as soon as possible."=20
Industry groups, backed by the California Energy Commission, have been=20
pressing state officials to overturn a PUC decision that stripped refinerie=
s=20
of a former exemption from blackouts. Legislation that would create a blank=
et=20
exemption for refineries is stalled in the state Senate.=20
Davis spokesman Steve Maviglio said the governor has not yet responded to=
=20
Chevron's letter and has not taken a position on the refinery exemption law=
=20
proposed by Assemblyman John Dutra, D-Fremont.=20
Industry officials have warned that a refinery blacked out for just a few=
=20
hours could take as much as a week to bring back online.=20
State regulators could not be reached for comment on Chevron's letter.=20
Gorell said O'Reilly's letter should not be read as saying that conditions =
at=20
Chevron could be dangerous if the refineries suddenly lost power. At the=20
Valero refinery in Benicia, however, spokesman Scott Folwarkow said his=20
company did not hesitate to warn in its exemption application that sudden=
=20
shutdowns can pose a risk.=20
He said refineries were designed under the assumption that they would have =
a=20
reliable supply of power. "If you start flipping the switch on and off,=20
unpredictable things can happen," he said.=20
E-mail Bernadette Tansey at btansey@sfchronicle.com.=20
,2001 San Francisco Chronicle ? Page?A - 4=20




PG&E creditors approve bonuses=20
Utility must file reorganization plan by end of year, or CEO only gets=20
$600,000 extra David Lazarus, Chronicle Staff Writer
Tuesday, June 5, 2001=20
,2001 San Francisco Chronicle=20
URL: http://www.sfgate.com/cgi-bin/article.cgi?f=3D/c/a/2001/06/05/MN159696=
.DTL=20
PG&E's creditors have agreed to management's plan to shower top executives=
=20
with $17.5 million in bonuses but balked at the bankrupt utility's initial=
=20
demand that the cash come with no strings attached, The Chronicle has=20
learned.=20
Instead, the creditors say they forced Pacific Gas and Electric Co. to link=
=20
the bonuses -- in some cases doubling the pay of senior managers -- to=20
quickly filing a Chapter 11 reorganization plan, no later than January.=20
However, PG&E spokesman Ron Low insisted yesterday that the utility had=20
always intended for the bonuses to be tied to submitting a reorganization=
=20
plan.=20
"Our original proposal closely resembled what was filed with the court," he=
=20
said.=20
The bonuses are expected to figure prominently when PG&E's management holds=
a=20
court-mandated meeting with creditors on Thursday in San Francisco.=20
Bankruptcy Judge Dennis Montali, who has the final say on all compensation=
=20
questions, is scheduled to issue a ruling June 18.=20
Critics have slammed the utility's "management retention program" as an=20
unwarranted payout to the same executive team responsible for steering PG&E=
=20
into its worst-ever financial crisis.=20
But the company insists that without extra incentives, corporate leaders=20
would depart and thus slow PG&E's return to creditworthiness.=20
"It's a question of efficiency," said Allan Marks, a lawyer representing th=
e=20
11 companies comprising the creditors' committee in PG&E's bankruptcy=20
proceedings.=20
"It's not a question of whether these people are good or bad managers," he=
=20
said. "It's simply more efficient to keep these people in place."=20
Marks said that when PG&E first proposed the bonuses last month, the=20
creditors' committee quickly noted that the cash was a virtual handout to=
=20
about 226 top executives.=20
PG&E Chairman Robert Glynn and nearly two dozen other senior managers would=
=20
receive 100 percent of their salaries to stay on, while hundreds of other=
=20
employees would receive bonuses of between 25 and 75 percent of their=20
salaries.=20
After what Marks described as candid negotiations, he said PG&E had agreed =
to=20
link the bonuses to a commitment that its reorganization plan be on the tab=
le=20
by the beginning of 2002.=20
"This is one way that we can assure efficiency in the process," he said. "O=
ur=20
goal is to make sure the company operates as quickly as possible."=20
But PG&E's Low said that the creditors had actually requested only minor=20
changes in wording and that the timing of a reorganization plan had never=
=20
really been in dispute.=20
A reorganization plan is the blueprint for a company's eventual recovery fr=
om=20
bankruptcy.=20
Glynn would receive a bonus of 100 percent of his $900,000 annual salary if=
=20
PG&E's plan is submitted on time. If he misses the deadline, he would have =
to=20
make do with just two-thirds of that amount.=20
While there is no reason to believe that PG&E's managers would have dragged=
=20
their heels without piles of extra cash, Marks said it was common in=20
bankruptcy cases for corporate leaders to receive an incentive to remain in=
=20
their jobs and seek a resolution to the company's difficulties.=20
"We ended up with something that we think is fair," he said.=20
The creditors' committee includes financial heavyweights Bank of America an=
d=20
Merrill Lynch, as well as power giants Enron Corp. and Dynegy Inc. The=20
committee's actions set the tone for PG&E's dealings with its thousands of=
=20
other creditors, who are owed more than $9 billion.=20
Harvey Rosenfield, head of the Foundation for Taxpayer and Consumer Rights =
in=20
Santa Monica, said that by accepting the bonus plan for PG&E's top brass, t=
he=20
creditors' committee had signaled that it would agree to almost anything th=
at=20
would help them recover outstanding costs.=20
"The creditors are in this to get reimbursed fully," he said. "Their idea i=
s=20
to ultimately soak ratepayers for the entire cost of the bankruptcy."=20
Marks said the creditors would seek nothing less than full payment of PG&E'=
s=20
obligations. "We're very firm on this," he said.=20
Full payment will only come if the bankruptcy court sells off some of PG&E'=
s=20
assets, such as the utility's power lines or dams, or if consumers end up=
=20
paying surcharges on their monthly bills.=20
To date, PG&E has insisted that none of its assets are for sale.=20
E-mail David Lazarus at dlazarus@sfchronicle.com.=20
,2001 San Francisco Chronicle ? Page?A - 4=20




56% favor limits on electricity prices, poll finds=20
Washington Post
Tuesday, June 5, 2001=20
,2001 San Francisco Chronicle=20
URL:=20
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2001/06=
/05/M
N212214.DTL=20
Washington -- Most respondents to a Washington Post-ABC News poll released=
=20
yesterday agree with California Gov. Gray Davis that the federal government=
=20
should set limits on the wholesale price of electricity, which President Bu=
sh=20
has said he opposes amid the likelihood of rolling blackouts this summer in=
=20
the largest state.=20
Of those polled, 56 percent said they favored price limits, even though it=
=20
was pointed out that such a measure could discourage development of new=20
supplies. Forty percent said they opposed price caps, which Davis said he=
=20
would seek in federal court after Bush ruled out the idea during a face-to-=
=20
face meeting last week.=20
Bush's energy plan, which he announced last month and has been promoting wi=
th=20
a series of road trips, is weighted toward increasing production of oil, co=
al=20
and natural gas, as well as nuclear power. Democrats contend the plan would=
=20
benefit the energy industry without lowering prices for consumers.=20
The poll of 1,004 adults was taken May 31 through Sunday and has an error=
=20
margin of plus or minus 3 percentage points.=20
,2001 San Francisco Chronicle ? Page?A - 4=20



Developments in California's energy crisis=20

Tuesday, June 5, 2001=20
,2001 Associated Press=20
URL:=20
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/news/archive/2001/06/05/s=
tate1
022EDT0151.DTL=20
(06-05) 00:03 PDT (AP) --=20
Developments in California's energy crisis:=20
TUESDAY:
* A leading advocacy group for the poor tells state leaders to use the=20
economic power of the state's huge pension funds to leverage power companie=
s.=20
The Pacific Institute for Community Organization says the two pension funds=
=20
own at least $1.2 billion in stocks and bonds in most of the firms that sel=
l=20
electricity to California.=20
MONDAY:
* A special Senate committee investigating whether out-of-state power=20
companies are illegally profiteering the state's power crisis gets permissi=
on=20
from the Senate Rules Committee to subpoena documents from the companies=20
detailing bidding, pricing and other aspects of their electricity sales to=
=20
the state. The committee plans to subpoena Mirant, Dynegy, Williams, AES,=
=20
Duke, Enron, NRG and Reliant, and could also issue subpoenas to the Los=20
Angeles Department of Water and Power and the state Department of Water=20
Resources to access details of their power selling and buying processes,=20
respectively.=20
* The state's grid operator says California's electricity production should=
=20
improve in the coming weeks as more power plants come back on line after=20
spring maintenance shutdowns. That, coupled with conservation efforts, coul=
d=20
help during this summer's high temperatures, independent observers say -- b=
ut=20
not enough to stave off blackouts.=20
* The state's expanded Low Income Home Energy Assistance Program (LIHEAP)=
=20
program begins with $120 million in state money. It is aimed at helping=20
working poor households, senior citizens, disabled persons, migrant seasona=
l=20
farm workers, limited-English-speaking persons and households with very you=
ng=20
children whose incomes fall at or below 250 percent of the federal poverty=
=20
level.=20
That includes households with four members having an annual gross income of=
=20
$44,125 or less; three-member households earning $36,575 or less; two-membe=
r=20
families earning $29,025 or less; and individuals earning under $21,475.=20
Further information is available at www.csd.ca.gov or at 1-800-433-4327=20
(HEAP).=20
* Ten schools in three Southern California districts cut their electricity=
=20
waste up to 18 percent through the Alliance to Save Energy's Green Schools=
=20
Program. Together, the schools saved more than $51,000 over about eight=20
months by changing their usage habits, according to Southern California=20
Edison, which sponsored the program. More information is available at=20
www.ase.org/greenschools.=20
* Critics tell the San Jose Mercury News that the federal agency overseeing=
=20
California's electricity market needs to add resources and become more=20
aggressive in watching for energy price gouging, issuing subpoenas for=20
company documents if necessary. The Federal Energy Regulatory Commission ha=
s=20
been accused of backing off investigations after energy generators have=20
resisted, prompting some FERC officials to say their own system is flawed.=
=20
* The FERC issues a statement saying it won't act on a request from small=
=20
power generators to block a March 27 decision from the state Public Utiliti=
es=20
Commission that has lowered the price they can charge for electricity. FERC=
=20
says it won't step in because the matter is still pending at the PUC.=20
* No power alerts Monday as electricity reserves stay above 7 percent.=20
* Shares of Edison International closed at $10.58, down 42 cents. PG&E Corp=
.=20
closed at $11.40, down 25 cents. Sempra Energy, the parent company of San=
=20
Diego Gas & Electric, closes at $27.34, up 20 cents.=20
WHAT'S NEXT:
* Davis' representatives continue negotiating with Sempra, the parent compa=
ny=20
of San Diego Gas and Electric Co., to buy the utility's transmission lines.=
=20
* In federal bankruptcy court Tuesday, Pacific Gas and Electric will ask U.=
S.=20
Bankruptcy Judge Dennis Montali to stop the manager of the state's power gr=
id=20
from buying electricity for utility or charging it for any electricity boug=
ht=20
after the utility filed for bankruptcy on April 6.=20
THE PROBLEM:
High demand, high wholesale energy costs, transmission glitches and a tight=
=20
supply worsened by scarce hydroelectric power in the Northwest and=20
maintenance at aging California power plants are all factors in California'=
s=20
electricity crisis.=20
Edison and PG&E say they've lost nearly $14 billion since June to high=20
wholesale prices the state's electricity deregulation law bars them from=20
passing on to consumers. PG&E, saying it hasn't received the help it needs=
=20
from regulators or state lawmakers, filed for federal bankruptcy protection=
=20
April 6.=20
Electricity and natural gas suppliers, scared off by the two companies' poo=
r=20
credit ratings, are refusing to sell to them, leading the state in January =
to=20
start buying power for the utilities' nearly 9 million residential and=20
business customers. The state is also buying power for a third investor-own=
ed=20
utility, San Diego Gas & Electric, which is in better financial shape than=
=20
much larger Edison and PG&E but also struggling with high wholesale power=
=20
costs.=20
The Public Utilities Commission has approved average rate increases of 37=
=20
percent for the heaviest residential customers and 38 percent for commercia=
l=20
customers, and hikes of up to 49 percent for industrial customers and 15=20
percent or 20 percent for agricultural customers to help finance the state'=
s=20
multibillion-dollar power buys.=20
,2001 Associated Press ?=20




PG&E sues to challenge reimbursement to state=20
Greg Lucas, Sacramento Bureau Chief
Tuesday, June 5, 2001=20
,2001 San Francisco Chronicle=20
URL:=20
http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2001/06=
/05/M
N52029.DTL=20
Sacramento -- Saying it is being shortchanged, Pacific Gas and Electric Co.=
=20
filed suit yesterday challenging the amount of money California will get fr=
om=20
consumers as reimbursement for buying electricity.=20
The suit filed with the state appellate court in San Francisco claims that=
=20
the California Public Utilities Commission is giving the state too big a=20
share of the monthly revenue collected from consumers -- all at PG&E's=20
expense.=20
The suit by PG&E was expected. If the utility wins, it could make it harder=
=20
and longer for the state to recoup its power purchases.=20
The state stepped in to purchase wholesale electricity for the utilities=20
after their credit soured as power costs skyrocketed. The state has spent=
=20
more than $7 billion so far with reimbursement expected from consumers.=20
Earlier, Southern California Edison filed a similar legal challenge.=20
At issue is the amount of money the utilities receive from consumers and th=
e=20
amount given to the state to cover electricity purchases.=20
PG&E contends that the PUC's calculation puts the utility $2.2 billion in t=
he=20
hole because state regulators underestimated the cost of running the nuclea=
r=20
power plant at Diablo Canyon and the cost of contracts with alternative=20
energy producers, like solar and wind generators.=20
The utility wants its share of consumer revenue increased, leaving less for=
=20
the state.=20
Under a bill lawmakers passed in January, it was the calculation of how muc=
h=20
of consumer money was needed to reimburse the state for energy purchases th=
at=20
would dictate how many bonds the state could sell to repay itself.=20
The limit on bond sales was four times that calculation, totaling about $13=
=20
billion.=20
But both utilities challenged the PUC's initial decision, saying it was too=
=20
generous to the state.=20
Fearing legal action from the utilities, lawmakers passed a second bill in=
=20
May that delinked the authorization to sell up to $13.4 billion in bonds fr=
om=20
the calculation of how much consumer money the utilities receive.=20
That bill allows the bond sale to happen as early as Aug. 14.=20
As a result, yesterday the Davis administration and State Treasurer Phil=20
Angelides said the utilities' move did not affect the bond sale, scheduled=
=20
for late summer.=20
"This doesn't create chaos, it just means we can't sell the bond until the=
=20
middle of August," said Joseph Fichera, CEO of Saber Partners and one of Go=
v.=20
Gray Davis' energy advisers.=20
Had the utilities not appealed, the PUC's ruling would have allowed the bon=
d=20
sale to occur sooner, Fichera said.=20
In its initial ruling in March, the PUC said its allocation of ratepayer=20
money would send $1.8 billion to help pay off the state's bond sale.=20
Fichera said a utility court victory could potentially lead to more rate=20
increases to cover the lost income to the state but added he was "not=20
certain."=20
E-mail Greg Lucas at glucas@sfchronicle.com.=20
,2001 San Francisco Chronicle ? Page?A - 5=20







Critics say Calpine plan too generous=20
Posted at 10:35 p.m. PDT Monday, June 4, 2001=20
BY MIKE ZAPLER=20

Mercury News=20


In what would be a highly unusual break for a local business, San Jose=20
officials are proposing to rewrite city law and spend tens of millions in=
=20
taxpayer funds to ease construction of Calpine's controversial power plant =
in=20
Coyote Valley.=20
The provisions highlight just how far the city has come on Calpine's propos=
ed=20
600-megawatt Metcalf Energy Center. Just months ago, city leaders stood in=
=20
solid opposition to the $400 million project, threatening lawsuits and othe=
r=20
tactics to block it. Now, those same officials appear ready to go to=20
extraordinary lengths to make Metcalf happen.=20
Part of an agreement reached last week by Mayor Ron Gonzales and the compan=
y=20
would require the city to pay $50 million upfront to extend a recycled-wate=
r=20
pipeline needed to cool the power plant. Calpine will reimburse San Jose fo=
r=20
just $10 million of that cost, far less than the city had sought, and will=
=20
make its payments over 30 years.=20
Another clause would allow Calpine, which reported an increase in=20
first-quarter profits of more than 400 percent, to spread over 10 years a=
=20
$3.9 million sewer connection fee. That would be a first for the city.=20
Typically those levies are collected upfront; the city council would have t=
o=20
amend a law that set a five-year limit on sewer connection payments.=20
``I'm not comfortable with that,'' said Councilman and Metcalf opponent=20
Forrest Williams, whose District 2 would be home to Metcalf. ``They're a ve=
ry=20
profitable company .?.?. they should pay the connection fee.''=20
Councilwoman Pat Dando said the overall agreement, set to be considered by=
=20
the council this afternoon, is probably the best the city could do under th=
e=20
circumstances. But she added: ``I believe Calpine's payment should be the=
=20
same as other businesses that develop in San Jose.''=20
The money for the pipeline would come from a fund to expand and increase th=
e=20
reliability of the entire recycled-water system. Projects the city had=20
planned to build sooner would have to be delayed, but the water pollution=
=20
control plant would not raise rates to pay for the Metcalf extension,=20
environmental services director Carl Mosher said.=20
Company at advantage=20
The criticized provisions are part of a larger package settled on after=20
roughly five weeks of negotiations. The talks occurred in a political=20
atmosphere that heavily favored the power company: Gov. Gray Davis endorsed=
=20
Metcalf in April, and the California Energy Commission is widely expected=
=20
this month to override the city's November denial of the plant.=20
Mayor Ron Gonzales and Calpine executives defended the deal, saying its=20
unusual terms were tailored to a unique project.=20
Metcalf, they said, would become the city's biggest customer of recycled=20
water, consuming an average of 3 million gallons daily -- or nearly one-thi=
rd=20
of the current total usage -- to cool the plant. That would help the city=
=20
achieve its goal of reducing freshwater usage and diverting more water from=
=20
the San Francisco Bay for ecological reasons.=20
And the city would receive other concessions from Calpine, supporters say,=
=20
including two extra air-monitoring stations and $6.5 million mostly for par=
ks=20
and open space.=20
``The energy crisis requires us to do business differently than we have in=
=20
the past,'' Gonzales said. ``When you take the entire package it's a win-wi=
n=20
for the city.''=20
Critics, while acknowledging that Calpine had a commanding position at the=
=20
bargaining table, say the city still is giving up too much. They questioned=
=20
why Calpine is paying only $10 million -- one-fifth of the total cost -- to=
=20
extend the water pipeline, when Metcalf will be its sole customer, at least=
=20
in the near future.=20
The city entered negotiations with Calpine wanting the company to cover the=
=20
entire $50 million cost of the pipeline extension, a senior city official=
=20
said. Others involved in the negotiations say that was never officially=20
broached by the city, although Calpine development manager Ken Abreu=20
acknowledged that ``obviously the city would have been happy for us to pay=
=20
for as much of the pipeline as possible.''=20
That's what the city should be demanding, said Issa Ajlouny, a resident of=
=20
the Santa Teresa neighborhood adjacent to Metcalf and leading opponent of t=
he=20
plant.=20
``This agreement is giving away millions of dollars of our money,'' he said=
.=20
``The city should be outraged.''=20
Early last year, according to city officials and transcripts of a Californi=
a=20
Energy Commission hearing, the city and Calpine had an understanding that t=
he=20
power company would pay at least $25 million to $30 million for the=20
recycled-water line if the power plant were built. If San Jose decided to=
=20
construct a larger pipeline to serve more customers, the city would make up=
=20
the difference.=20
Deal fell apart=20
But that informal arrangement fell apart when Metcalf emerged as a major=20
political battle. Gonzales came out against the plant in June 2000, and the=
=20
council went on to vote against it in November.=20
By the time the negotiations began, Calpine didn't really need the city's=
=20
help. All indications were that the California Energy Commission would=20
override the city and approve the plant anyway.=20
What emerged from the talks was a $10 million payment, spread over 30 years=
,=20
from Calpine for the recycled-water line. Company officials say that 20=20
percent is roughly the same share of the pipeline capacity Metcalf would us=
e.=20
The other 80 percent has yet to be allocated, but officials said they hope =
to=20
sign up other recycled-water users, such as golf courses.=20
``Our perspective is we're doing what's fair,'' Calpine's Abreu said.=20
As the agreement heads to the council this afternoon, some neighborhood=20
activists are accusing the council of trying to suppress public debate.=20
Often, controversial neighborhood issues are heard at evening sessions to=
=20
give working residents a chance to be heard.=20
``This certainly creates an appearance that they're trying to stifle public=
=20
input,'' said Elizabeth Cord of the Santa Teresa Citizen Action Group. She=
=20
said consideration should be delayed until the next evening council meeting=
=20
June 18 to give residents time to review the document.=20
But Gonzales said he's not inclined to defer the item. He said today's=20
meeting is already filled with difficult land-use decisions.=20
``We have already heard from the neighborhood,'' he said. ``It was their=20
concerns we negotiated.''=20


Contact Mike Zapler at mzapler@sjmercury.com or at (408) 275-0140.=20











PBS documentary shines light on energy crisis=20
LOS ANGELES (AP) -- As California's energy crisis casts a widening shadow,=
=20
PBS' ``Frontline'' helps illuminate the issue with a high-wattage=20
documentary.=20
``Blackout'' is both a comprehensive report and a warning: California's pow=
er=20
deregulation woes represent a national problem not destined for a quick or=
=20
painless solution.=20
The hourlong film, with reporting by ``Frontline'' correspondent Lowell=20
Bergman done in conjunction with The New York Times, airs 10 p.m. EDT Tuesd=
ay=20
on PBS stations (check local listings).=20
If you're a consumer frustrated by price hikes or concerned about what migh=
t=20
happen in your state, ``Blackout'' should be considered required viewing.=
=20
Major players, ranging from power company chiefs to consumer advocates to=
=20
Vice President Dick Cheney, make their case on energy policy.=20
Gov. Gray Davis and others grappling with California's flawed new system,=
=20
which has inspired many states to put their own deregulation efforts on hol=
d,=20
are interviewed.=20
``Blackout'' also touches on alleged machinations involving the Federal=20
Energy Regulatory Commission that could affect how much, if at all, the=20
federal government will weigh in on power prices, and renews questions abou=
t=20
corporate influence on the Bush administration.=20
What ultimately emerges is a classic debate, framed in 2001 political=20
realities, over whether an unfettered market is invariably the best approac=
h=20
or whether capitalism sometimes must bend to regulation.=20
Bergman is adamant about the importance of understanding a power industry=
=20
that has undergone massive change.=20
``We've launched ourselves into a great economic and social experiment in t=
he=20
free market with a commodity that 65 years ago the country decided to put=
=20
under heavy regulation because it was so vital,'' he said in an interview.=
=20
``We've gone into this experiment without having a full national debate abo=
ut=20
what the consequences could be,'' Bergman said. ``It may all work out, but=
=20
it's clear that we're at least in a transition period where a lot of people=
=20
are going to pay the price.''=20
In New York, for instance, blackouts are a possibility this summer and rate=
=20
hikes of up to 40 percent a likelihood, Bergman said.=20
There are those striking it rich in this bold new world. ``Blackout'' opens=
=20
on Houston's ``energy alley,'' home to new-breed power companies including=
=20
what the documentary calls the 800-pound gorilla, Enron Corp.=20
Enron, which has drawn attention because of chairman Kenneth Lay's close ti=
es=20
to President Bush, generates profits by serving as middleman between=20
electricity makers and consumers.=20
The world's largest energy trader, Enron sees from $2.5 billion to $3 billi=
on=20
in purchases and sales a day, according to its chief executive officer, Jef=
f=20
Skilling.=20
``We are doing the right thing,'' Skilling tells ``Blackout.'' ``We are=20
working to create open, competitive, fair markets. ... We are the good guys=
.=20
We are on the side of angels.''=20
If that's true, Bergman says in the film, the good guys have been winning:=
=20
The past year saw a ``vast transfer'' of wealth from energy consumers to=20
power sellers and traders like Enron.=20
They are taking advantage of the end of an era: the federal regulatory syst=
em=20
implemented by President Franklin D. Roosevelt in the 1930s to limit abuses=
=20
by utility monopolies.=20
In the 1980s, ``Blackout'' tells us, free-market proponents began pushing f=
or=20
an end to regulation. In 1992, a federal law was passed that allowed for=20
states to deregulate electricity.=20
There was broad but not unanimous support for such change.=20
``It's OK for the price of fur coats to go up and down. ... It's not OK for=
=20
the oxygen of life in this high-energy civilization,'' David Freeman, the=
=20
former Los Angeles Department of Water and Power head and now state energy=
=20
czar, tells ``Blackout.''=20
Mark Cooper, director of research at the Consumer Federation of America, wh=
o=20
notes there have already been price spikes in electricity in the Midwest an=
d=20
New England, says the outcome speaks for itself.=20
``How do we go from $40 a megawatt for capacity in a regulated system to=20
$1,000 in a deregulated system, and you're telling me I'm better off?''=20
Cooper asks in the documentary.=20
Enron's Lay weighs in on the other side.=20
``I've yet to see any system in the world ... that over time does a better=
=20
job of setting prices and allocating supplies than a competitive market,''=
=20
Lay says in ``Blackout.''=20
He has a key philosophical ally in the Bush administration, which says=20
increased supply and not federal intervention is the logical answer.=20
``We're doing everything we can to help California on a short-term basis,''=
=20
Cheney says. ``There's not a lot you can do. You can't manufacture kilowatt=
s=20
in the West Wing of the White House.''=20
Bergman, the former ''60 Minutes'' producer who was portrayed in the movie=
=20
``The Insider,'' believes there is one certainty about the power crisis: Th=
e=20
media generally has given it short shrift.=20
``Unfortunately this story has been covered, particularly on television, in=
=20
much the same way a car crash is covered. You never learn whether the car w=
as=20
safe or the highway was safe. You just see the blood and guts.''=20
``Nobody's spent the air time to explain to people how this all happened an=
d=20
why this may be coming to a neighborhood near you.''
















California's big turnoff=20
Published Tuesday, June 5, 2001, in the San Jose Mercury News=20
IF you ask us, we will cut back.=20
California's residents and businesses used 11 percent less electricity in M=
ay=20
2001 than they did in May 2000.=20
Keeping up this level of conservation throughout the summer won't necessari=
ly=20
insulate the state from blackouts, but it's a big deal all the same. State=
=20
power officials have said May and June could be the most difficult months=
=20
this year. Additional power is expected to come on line later in the summer=
.=20
The most important time to cut back is at the peak of demand, usually hot=
=20
afternoons, when blackouts are most likely and the cost of buying electrici=
ty=20
can shoot up stupefyingly.=20
With Californians having cut peak usage by 10.4 percent, the price for the=
=20
power that the state is buying on the daily market is coming down.=20
June marks the beginning of the state's 20/20 rebate plan, under which=20
customers who reduce their use at least 20 percent from last year will get =
a=20
20 percent rebate. It also marks the introduction of new, higher rates for=
=20
businesses and for many households.=20
All the more reason for Californians to keep up the good work.












FERC shirk=20
Published Tuesday, June 5, 2001, in the San Jose Mercury News=20
THE introduction of a free market in electricity is not cause for federal=
=20
energy regulators to start working half days. Instead, their jobs could wel=
l=20
become harder and more vital.=20
As of now, the Federal Energy Regulatory Commission does not seem up to the=
=20
task.=20
In a pair of stories Sunday and Monday, Mercury News reporters Eric Nalder=
=20
and Mark Gladstone described how FERC is unprepared to undertake the=20
extensive data-gathering and sophisticated number-crunching necessary to=20
detect market manipulation in the complicated wholesale electricity market.=
=20
Market manipulation, or gaming, encompasses many activities that are entire=
ly=20
legal. But a market easily gamed is one that does not provide electricity a=
t=20
the best prices to consumers. It is a market in need of reform.=20
Moreover, it is one that does not conform to federal law requiring=20
electricity prices to be ``just and reasonable,'' which FERC is supposed to=
=20
enforce.=20
Economists inside and outside FERC say the agency lacks the staff and the=
=20
attitude to be a vigorous supervisor of the market.=20
This is not entirely surprising. FERC is hardly the electricity industry's=
=20
only player, public or private, to be caught unprepared by the way a=20
restructured market evolved in California and other states.=20
FERC's investigation of price spikes in California early last summer=20
demonstrated its shortcomings. Its report correctly fingered the usual=20
suspects of weather, rising demand, stagnant supply and a badly constructed=
=20
market. It failed to decide whether power producers had taken advantage of=
=20
the circumstances to push prices skyward.=20
The economist who directed the probe found it weak in analysis and in=20
aggressiveness. FERC, for instance, is reluctant to use its subpoena=20
authority to compel power generators to turn over records.=20
The deficiencies must be remedied. A free market in electricity should not =
be=20
an unsupervised market, just as the free market for stocks is not=20
unsupervised. The Securities and Exchange Commission aggressively enforces=
=20
rules for accounting, stock sales, disclosure of information. It doesn't=20
hesitate to issue subpoenas.=20
Only FERC can monitor the wholesale market in electricity.=20
If only it would do it.















Edison plugging shareholders into Capitol=20
A telephone lobbying effort for Davis' bailout has earned the wrath of=20
legislators.=20
June 5, 2001=20
By HANH KIM QUACH
The Orange County Register=20
SACRAMENTO - Southern California Edison has launched an aggressive lobbying=
=20
campaign in which it telephones its shareholders, describes the dire=20
consequences for them if the utility goes bankrupt, and then transfers the=
=20
call directly to the Capitol so they can personally implore lawmakers to vo=
te=20
for a controversial financial bailout plan.=20
The members of the Senate and Assembly and their staffers say that often th=
e=20
shareholders - many of whom appear to be senior citizens - are confused, an=
d=20
scared at the prospect of their investments in the utility being permanentl=
y=20
degraded or wiped out.=20
The tactic has raised the ire of legislators in both parties, although the=
=20
cash-strapped utility says it is simply practicing honest, effective=20
lobbying.=20
"The fact that they're targeting them is distressing because it brings a=20
threatening situation to their lives," said Assemblywoman Pat Bates, R-Lagu=
na=20
Niguel. "You have a very vulnerable population and I think it's extremely=
=20
insensitive.''=20
But Edison International's vice president of public affairs, Brian Bennett,=
=20
said keeping shareholders informed and asking for their help is part of the=
=20
company's obligation to them.=20
Calling shareholders, many of whom happen to be older, is part of a very=20
above-board $3 million campaign that includes letters, financial reports an=
d=20
television commercials to tell them about what's happening in Sacramento, h=
e=20
said. The thrust of the message is that if the Legislature continues to try=
=20
to craft its own plan, rather than quickly endorse one that Gov. Gray Davis=
=20
and Edison favor, the utility could be forced into bankruptcy by its=20
creditors.=20
"We would feel less inclined to spend money if the Legislature would act=20
faster. Then, we wouldn't have to run to commercials and remind the public =
we=20
are in dire straits,'' Bennett said. "Legislators need to hear from their=
=20
constituents back home, particularly the retirees because of the drop in=20
stock income.''=20
The lobbying effort comes at a critical juncture. The Davis-Edison plan cal=
ls=20
for the state's taxpayers to come to Edison's rescue by purchasing the=20
company's transmission lines for $2.7 billion, thus providing it with enoug=
h=20
money to hold off creditors who threaten to push the utility into bankruptc=
y.=20
Meanwhile, the legislative leadership has been looking at several versions =
of=20
that same plan. The latest would force the state's 3,600 largest businesses=
-=20
those that pushed for deregulation - to pay for most of the bailout.=20
Lawmakers don't think the Edison lobbying campaign is that effective.=20
Often, the callers don't know that the Davis-Edison plan would have the sta=
te=20
buy the transmission lines. And once they do, they often change their minds=
,=20
lawmakers said.=20
The last thing many shareholders want is for the state to be in charge of=
=20
transporting electricity, particularly after many believe it bungled the=20
deregulation of the market in the first place.=20
But Bennett said it's unfair for lawmakers to assume the callers are not=20
well-informed.=20
"Our shareholders are average people. But if you're a shareholder and you'v=
e=20
seen the dramatic decline of the company, do you think they don't know what=
=20
they're talking about or feeling?'' he said.=20
Three Orange County shareholders contacted by Edison representatives said=
=20
they did not mind being asked to lobby for the bailout bill. However, one=
=20
said he did not know some of its key points and the another said he didn't=
=20
realize it was Edison who had called him.=20
Roberto Chica of Laguna Niguel didn't know the state would acquire=20
transmission lines for $2.7 billion - and is against it.=20
"The state should own nothing. They don't have any business in any of this,=
''=20
said Chica, 59, who owns 1,000 shares of Edison. At one point, he said, his=
=20
stock was worth $30,000 - three times what it is now.=20
Even though Chica doesn't agree fully with the deal, he agrees with Edison'=
s=20
larger goal: avoiding bankruptcy.=20
"It's a mess. You rely on this investment for the long term and the=20
politicians screw it up and you get scared,'' Chica said.=20
San Clemente's Fred Beck, 74, said he didn't know who called him, but he=20
agreed to be patched through to a Bates aide, to whom he expressed his ange=
r=20
about the energy crisis in general.=20
Beck said he bought his stock in 1993 for the dividends it would pay out=20
during retirement. He paid about $23 a share; they now trade around $10.=20


















SDG&E to seek rate hike to cover $915 million tab=20
That amount was needed to pay another agency for electricity.=20
June 5, 2001=20
By ANNE C. MULKERN
The Orange County Register=20
The power company that serves 100,000 south Orange County residents wants t=
o=20
hike electricity rates to pay back the state for power purchases.=20
San Diego Gas & Electric Co. proposes raising rates in a five-tiered plan=
=20
similar to one approved in May for Southern California Edison customers.=20
The utility needs to collect $915 million to pay the Department of Water=20
Resources, which is buying power for cash-strapped utilities.=20
The hike would be greatest for those using the most power.=20
Low-income customers and those using 130 percent or less of their baseline=
=20
allocation would not see any rate hike. Baseline is the amount of power=20
considered necessary for essential uses. About 60 percent of customers=20
wouldn't pay higher rates, said SDG&E spokesman Ed van Herick.=20
Customers who use the most - 300 percent of their baseline or more - would=
=20
pay 26.67 cents per kilowatt hour for that extra power, more than twice the=
=20
lowest rate.=20
State regulators will vote on the proposal June 28 and, if approved, it wou=
ld=20
take effect