Enron Mail

From:jean.ryall@enron.com
To:steven.kean@enron.com, marchris.robinson@enron.com
Subject:Summary HB 2107
Cc:
Bcc:
Date:Thu, 26 Apr 2001 03:02:00 -0700 (PDT)

1st memo to Rick
---------------------- Forwarded by Jean Ryall/NA/Enron on 04/26/2001 09:59
AM ---------------------------


Jean Ryall
04/24/2001 01:34 AM
To: Richard Shapiro/NA/Enron@Enron
cc:

Subject: Summary of HB 2107

The Texas statute allows for full collection of stranded costs with a final
determination of stranded costs in 2004 and interim collection in 2002 and
2003 based on a Commission estimate. The Commission bases its estimate of
stranded costs on the ECOM (Excess Costs Over Market) Model. The ECOM model
computes the difference between the revenues a utility would receive in a
regulated environment versus the revenues a utility would receive if it sold
all of its generation at market prices (the market price in the ECOM Model is
based on a Combined Cycle Combustion Turbine).

In 1998 the Commission estimated more than $4 Billion in stranded costs based
on the ECOM Model. Because stranded costs are the difference between the
market value and the book value of utility generating assets, the Commission
ordered utilities to "mitigate" stranded costs by increasing depreciation of
generating assets. The accelerated depreciation, came from two sources:

1. Redirected depreciation -- Utilities were allowed to defer depreciation
of their wires assets and increase depreciation on generating assets; and,
2. Application of Excess Earnings -- instead of decreasing utility rates the
Commission set a cap on earnings and directed the utilities to apply any
earnings above the cap to depreciating generating assets.

Because of the unexpected rise in natural gas prices the market price in the
ECOM model rose significantly above the weighted average price of the
regulated side which is weighted by coal and nuclear. This caused the 2001
estimate of stranded costs to be severely negative. Even more negative than
the amounts of redirected depreciation and application of excess earnings.

Enron argued at the Commission that because the estimate of stranded cost was
negative the accelerated depreciation was unnecessary. Consequently, we
argued that the money spent on mitigation should be used to reduce wires
rates. The utilities argued that they should keep mitigation until the final
determination of stranded costs in 2004. The Commission ruled in Enron's
favor.

Sylvester Turner filed H.B. 2107 to address this situation, however, rather
than simply reducing wires charges, the bill as filed would reduce utility
rates making it more difficult to compete. We are working to amend the bill
so that the credit for redirected depreciation and excess earnings goes only
to reducing wires rates and that any negative stranded costs beyond that
amount would be refunded directly to ratepayers.