Enron Mail

From:jeffrey.keeler@enron.com
To:cynthia.sandherr@enron.com, steven.kean@enron.com, joe.hillings@enron.com,chris.long@enron.com, christi.nicolay@enron.com, james.fallon@enron.com, ben.jacoby@enron.com, david.delainey@enron.com, barbara.hueter@enron.com
Subject:Senate TVA hearing
Cc:
Bcc:
Date:Mon, 11 Oct 1999 01:54:00 -0700 (PDT)

EESI Environement & Energy Weekly -- October 11, 1999

Senate EPW panel hears differing views on changing TVA=20

The federally owned Tennessee Valley Authority was put on the defensive at =
a=20
Senate Environment and Public Works Committee hearing last week as its=20
adversaries mounted an offensive against the power agency for its huge $27=
=20
billion debt and unaccountability.=20

With a bill (S. 1323), introduced by Sen. Mitch McConnell (R-Ky.), serving =
as=20
the backdrop, the need for changing TVA=01,s role in an emerging competitiv=
e=20
electricity market was reviewed.=20

TVA is one of the biggest power producers in the country, and it enjoys=20
certain unfair privileges, according to investor-owned utilities, which are=
=20
seeking changes to TVA to level the playing field in a competitive=20
electricity market.=20

McConnell=01,s bill is touted as making TVA more accountable by subjecting =
the=20
power agency to, among other things, antitrust laws and to the jurisdiction=
=20
of the Federal Energy Regulatory Commission. McConnell, who was present at=
=20
the hearing, questioned TVA on its claim of providing low-cost power and wh=
y=20
it should not be brought under FERC authority.=20

Supporting the position of S. 1323, Robert Hewett representing TVA Watch, a=
=20
coalition led by Duke Energy and other private utilities, decried the=20
privileges TVA is endowed with. Hewett said TVA has the ability to set its=
=20
own wholesale and retail rates, is exempt from anti-trust laws and makes on=
ly=20
"token" payments in lieu of taxes to the local government. "No other entity=
=20
in the country even comes close to having this type of authority or license=
,"=20
said Hewett.=20

Hewett wants TVA to be subjected to antitrust laws and FERC jurisdiction. I=
n=20
addition, TVA must be restricted from building new generation capacity and =
it=20
should not have preferential access to power from other federal facilities =
at=20
rates below fair market value, Hewett recommended.=20

Richard Munson, executive director, Northeast-Midwest Institute, continued =
on=20
the same stream as Hewett, calling TVA a national problem. Munson said TVA=
=01,s=20
inspector general in a recent report has highlighted "TVA=01,s most serious=
=20
problem =01* its unaccountability." Decisions by TVA=01,s board of director=
s are=20
not reviewed by state regulators or federal agencies and the power agency=
=20
enjoys a monopoly in its service territory so it is not accountable even to=
=20
market forces, according to Munson. Stating that TVA has been propped up by=
=20
enormous taxpayer subsidies, Munson said, "The giant utility is exempt from=
=20
hundreds of federal and state laws and regulations, it pays no federal or=
=20
state taxes, and it obtains low-cost loans because of Washington=01,s =01+i=
mplied=01,=20
support."=20

But Mark Medford, TVA executive vice president, cautioned that proposals su=
ch=20
as S. 1323 may risk compromising the low-cost, reliable electricity availab=
le=20
to the Tennessee Valley region.=20

Medford said S. 1323 would place new restrictions on TVA and expand=20
regulation of TVA activities, which seems unusual in the context of a=20
discussion of "deregulation" of the electricity industry.=20

Medford also argued against FERC and state regulation of TVA prices and FER=
C=20
determination of the need for new generation capacity. He said responsibili=
ty=20
for fulfilling those missions is placed on the three-member TVA board=20
nominated by the president and confirmed by the Senate. Superimposing a=20
higher regulatory body, such as FERC, "to pass judgment on the decision of=
=20
the TVA board in these areas seems both duplicative and inappropriate."=20

Medford also did not think that antitrust laws should be applied to TVA=20
because it would be unfair to TVA ratepayers. "When a private utility=20
violates the antitrust laws, its stockholders bear the cost. However,=20
governmental entities like TVA have no stockholders, and the financial cost=
s=20
of such penalties have to be borne by the people who are supposed to be=20
served," said Medford.=20

Medford asserted that investors now hold all of TVA=01,s debt that finances=
the=20
power program. He said TVA debt is neither backed by the federal government=
=20
nor is it supported by mortgages on TVA plant property and equipment. It is=
=20
secured solely by the financial operation of TVA as well as bond covenants=
=20
and the provisions of the TVA Act, Medford said.

Also, Medford said TVA has been on the path of debt reduction in the last=
=20
three years, bringing down the debt by $1 billion.=20

Austin Caroll, representing the Kentucky Managers=01, Association, a group =
of=20
municipal and rural electric cooperative utilities, did not totally agree=
=20
with the principles of S. 1323, though it did want some changes to be made =
to=20
TVA.=20

Preceding the examination of S. 1323 was a hearing on the nomination of TVA=
=20
board members -- Skila Harris and Glenn McCullough.=20

Harris served until recently as the executive director of the Secretary of=
=20
Energy Advisory Board, managing the work of the Tennessee Valley Advisory=
=20
Committee, which comprises of representatives from groups interested in the=
=20
future of TVA.=20

McCullough previously served on the executive committee of the Mississippi=
=20
Municipal League and as the director of the Mississippi office of the=20
Appalachian Regional Commission.=20

The TVA board of directors has three members serving nine year staggered=20
terms.