Enron Mail

From:steven.kean@enron.com
To:james.steffes@enron.com
Subject:Re: ATTORNEY CLIENT PRIVILEGDE - Draft FERC Brief on Settlement
Cc:
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Date:Sun, 8 Jul 2001 16:20:00 -0700 (PDT)

Cc: jeffrey.hodge@enron.com, robert.williams@enron.com,
richard.shapiro@enron.com, linda.robertson@enron.com,
alan.comnes@enron.com, jeff.dasovich@enron.com, susan.mara@enron.com,
robert.frank@enron.com, ray.alvarez@enron.com,
sarah.novosel@enron.com, dwatkiss@bracepatt.com
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see below.

Federal price limits backfire=20
Some generators withhold power rather than abide by rate caps=20
David Lazarus, Chronicle Staff Writer=20
Wednesday, July 4, 2001=20
?2001 San Francisco Chronicle =20
URL: http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/20=
01/07/04/MN186091.DTL =20
Officials in California and Nevada, after months of lobbying for federal re=
gulators to cap Western power prices, warned yesterday that the newly impos=
ed limits have had the unintended consequence of increasing a threat of bla=
ckouts in the two states.=20
The warnings were issued as California came within minutes of rolling black=
outs yesterday afternoon, and one day after the first-ever rolling blackout=
s in Las Vegas forced energy-hungry casinos to shut off fountains and reduc=
e air conditioning.=20
The two states are asking the Federal Energy Regulatory Commission to take =
a closer look at the so-called price mitigation plan and come up with revis=
ions that would deter power companies from withholding electricity during s=
hortages.=20
"We need some clarity to this order," said Oscar Hidalgo, a spokesman for t=
he California Department of Water Resources, which is spending billions of =
dollars to keep the state's lights on.=20
"Generators need to be held accountable," he said.=20
The crux of the problem is that price limits kick in during shortages, yet =
power companies say these caps force them to sell power at below-market rat=
es during periods of high demand.=20
Some companies have responded by holding back power rather than face the ex=
pense of shipping electricity from state to state. Each mile that electrici=
ty must be transmitted adds to the overall cost.=20
"No one's going to pay for transmission if the cost is near the caps," said=
Gary Ackerman, executive director of the Western Power Trading Forum, an e=
nergy-industry association in Menlo Park.=20
Ackerman said several companies in his organization decided that there was =
no economic advantage to offering power in regional markets when price cont=
rols are in effect.=20
"This means individual regions like California or Las Vegas could end up no=
t having enough," Ackerman said. "It increases the threat of blackouts."=20
BLACKOUT ALERT CANCELED
California authorities issued a blackout alert at 1:45 p.m. yesterday when =
power reserves dipped to dangerously low levels. They canceled the alert ab=
out an hour later, after finding additional supplies.=20
"Everyone in the West is fighting for megawatts," said Stephanie McCorkle, =
a spokeswoman for the California Independent System Operator, which oversee=
s the state's power network.=20
The Golden State's latest brush with lights-out conditions came a day after=
Nevada experienced its own rolling blackouts for the first time, prompting=
heavy power users such as the MGM Grand and Caesars Palace to dim their li=
ghts.=20
Don Soderberg, chairman of the Nevada Public Utilities Commission, said tha=
t the sudden power emergency took state authorities by surprise and that th=
ey are investigating to see what role the federal price limits may have had=
in exacerbating Monday's shortage.=20
"We're looking very closely at this," he said. "There seems to be a potenti=
al for unintended consequences."=20
Specifically, Soderberg said Nevada is focusing on operators of older, less=
- efficient plants who would find profit margins shrinking, if not vanishin=
g, under capped prices.=20
"We're going to see how the caps might have played into this," he said.=20
The federal ceiling in 10 Western states, excluding California, is about $9=
2 per megawatt hour. In California, a 10 percent surcharge is added because=
of the state's credit risk, bringing the price to just over $101.=20
Ackerman at the Western Power Trading Forum said regional price controls ha=
ve extended California's power crisis to neighboring states.=20
"California sneezed and the rest of the region caught the virus," he said.=
=20
'LAWYERS LOOKING FOR LOOPHOLES'=20
California and Nevada officials, however, said that they still have faith t=
hat price limits can stabilize Western electricity markets but that federal=
regulators may have to tweak the system so that power companies cannot wit=
hhold output.=20
"The generators have banks of lawyers looking for loopholes (in the plan),"=
said Hidalgo at the Department of Water Resources.=20
Unfortunately, it may take some time for the regulators to revisit an issue=
that they took up only with the greatest reluctance. For months, federal r=
egulators refused to impose price controls, preferring instead to let suppl=
y and demand determine costs.=20
Hidalgo said that when it appeared that power companies were throttling bac=
k on output Monday, California officials immediately dialed the hot line nu=
mber provided by the Federal Energy Regulatory Commission in case of emerge=
ncies.=20
"No one answered," he said. "They were closed."=20
State officials tried again yesterday, and this time were told that the com=
mission would look into the matter. They were not given a time frame for wh=
en the commission might come up with a response.=20
E-mail David Lazarus at dlazarus@sfchronicle.com .=20
?2001 San Francisco Chronicle Page A - 1=20





Out-of-state generators pull plug over uncertainty on price controls
By Dale Kasler
Bee Staff Writer
(Published July 3, 2001)=20
Confused by the federal government's new controls on electricity prices, ge=
nerators withheld so much power from California on Monday that the state wa=
s nearly plunged into rolling blackouts, state officials said.=20
The confusion began when the state's electric grid operators declared a Sta=
ge 1 power alert in the early afternoon, triggering the price caps for the =
first time since they went into effect June 21.=20
Out-of-state generators pulled about 1,500 megawatts of electricity off the=
table at midafternoon, enough to power about 1.1 million homes, because of=
uncertainty about how much they could charge under the new Federal Energy =
Regulatory Commission pricing system, said Oscar Hidalgo, spokesperson for =
the state Department of Water Resources. The department buys electricity fo=
r the state's financially distressed utilities.=20
"They didn't understand what they were going to be paid; there was confusio=
n over the FERC order," Hidalgo said. "We saw 1,500 megawatts disappear."=
=20
The problem was exacerbated by a heat wave across the West, which forced Ca=
lifornia to compete with other states for scarce electricity, he said. Roll=
ing blackouts hit southern Nevada.=20
Most California officials credit the FERC system, which is based on a varia=
ble price cap, with reining in what had been a runaway wholesale power mark=
et. But power generators have complained that the price caps, by limiting p=
rofits, could discourage the production of critically needed electricity. A=
nd as Monday's episode suggested, even the uncertainty about where the cap =
will fall could lead to unexpected shortages.=20
"That's the risk that you run (with price controls)," said Arthur O'Donnell=
, editor of the newsletter California Energy Markets. "People want any kind=
of certainty at all."=20
Hidalgo said the state avoided blackouts only because of last-minute import=
s from the Bonne=07ville Power Administration, the federal agency that mark=
ets government-produced hydroelectric power in the Pacific Northwest. The s=
tate went into a Stage 2 power alert, the next-to-last level before blackou=
ts are ordered. The alert was canceled in late afternoon.=20
The blackouts would have been the first in California since May 8.=20
FERC imposed a round-the-clock ceiling on power throughout the West. The pr=
ice fluctuates and is tied to the production costs of the least-efficient p=
lant operating in California during a "power alert" declared by the Indepen=
dent System Operator, which runs the state's power-transmission grid. When =
there's no alert, prices can't exceed 85 percent of the cap that was establ=
ished during the latest alert.=20
Until Monday, the maximum price held steady at about $101 a megawatt-hour i=
n California. But when the ISO declared a Stage 1 power alert in early afte=
rnoon, signifying that reserve supplies had dwindled to less than 7 percent=
of demand, confusion set in, Hidalgo and others said.=20
Because of a steep drop in the price of natural gas, which fuels many Calif=
ornia power plants, suppliers knew the cap would fall. But no one knew by h=
ow much until the price was posted by the ISO.=20
The ceiling for California fell to about $77 at 3 p.m. but was back up to $=
98 in two hours, according to the ISO. Those prices include the 10 percent =
premium that sellers can charge California because FERC said there's a cred=
it risk in selling to the state.=20
O'Donnell said it's likely suppliers will pull back from the market every t=
ime the ISO declares a power alert.=20
In-state generators have to operate their plants if summoned by the ISO. Bu=
t out-of-state suppliers can withhold supplies, and on Monday it was the ou=
t-of-staters that were pulling back, Hidalgo said.=20

The Bee's Dale Kasler can be reached at (916) 321-1066 or dkasler@sacbee.co=
m .=20





Power Sales Halted by New Pricing Curbs=20
Electricity: Confused suppliers, unsure what they will be paid, refuse to s=
ell to state, which asks FERC for a ruling but doesn't get it.=20

By NANCY VOGEL, Times Staff Writer=20

SACRAMENTO--Confusion over new federal price restrictions prompted sev=
eral electricity sellers to back away from sales to California on Monday af=
ternoon, pushing the state closer to blackouts, energy officials said.
The state lost sales that would have provided enough electricity to su=
pply more than 1 million homes, said Ray Hart, deputy director of the Calif=
ornia Department of Water Resources, which has been buying much of the stat=
e's electricity since January.
At least five companies producing or marketing power "are telling us t=
hat since they don't know what they're going to get paid, they're not going=
to take the risk, and so they're not going to sell the energy," Hart said.
The electricity sales fell through after power consumption soared in s=
ummer heat and grid operators were forced to declare a Stage 1 emergency, m=
eaning reserves had dipped below 7%. It was the first such emergency since =
May 31.
Under a June 19 order by the Federal Energy Regulatory Commission inte=
nded to bring down wholesale electricity markets across the West, a power e=
mergency in California triggers the setting of a new price limit that appli=
es to power plant owners from Washington to Arizona.=20
The new price is supposed to be based upon whatever it costs to run th=
e most inefficient, expensive power plant selling electricity to California=
grid operators during the first full hour of a Stage 1 emergency.
But much uncertainty remains about exactly how and when the new price =
is supposed to be established under the commission's order, and that appare=
ntly drove away sellers, Hart said.
Shortly after the state issued the Stage 1 alert at 1:30 p.m., putting=
the old price limit of $90 per megawatt-hour in question, companies that h=
ad committed to provide the state electricity hour by hour Monday afternoon=
backed out, Hart said. The companies include TransAlta Energy Marketing of=
Oregon, Constellation Power of Baltimore and Sempra Energy Trading, a unit=
of the San Diego-based energy conglomerate.
Forced to dip even deeper into the state's power reserves and declare =
a Stage 2 emergency, water agency officials called the federal energy commi=
ssion's hotline for clarification about what the new price should be and wh=
en it should take effect. They got no answer.
Hart said commission officials reached at home promised to try to clar=
ify their order today. One outstanding question is what obligations power s=
uppliers have to deliver electricity to California in an emergency.
Both buyers and sellers in the market agree that the new price, when i=
t is set, will probably be lower than $90 per megawatt-hour because the pri=
ce of natural gas, the main fuel in California power plants, has dropped la=
tely.
Temperatures soared several degrees higher Monday than grid operators =
had anticipated. But they said they expected to avoid rolling blackouts in =
part because the Bonneville Power Administration in Portland, Ore., had agr=
eed to provide several hundred megawatts of Pacific Northwest hydropower ea=
ch hour in exchange for a return of electricity from California later this =
summer.
"Bonneville is giving us emergency power to get us through," Hart said=
.=20

Copyright 2001 Los Angeles Times=20





James D Steffes
07/06/2001 10:04 PM
To:=09Jeffrey T Hodge/Enron@EnronXGate, Robert C Williams/Enron@EnronXGate
cc:=09Steven J Kean/NA/Enron@Enron, Richard Shapiro/NA/Enron@Enron, Linda R=
obertson/NA/Enron@ENRON, Alan Comnes/Enron@EnronXGate, Jeff Dasovich/NA/Enr=
on@Enron, Susan J Mara/NA/Enron, Robert Frank/NA/Enron@Enron, Ray Alvarez/N=
A/Enron@ENRON, Sarah Novosel/Corp/Enron@ENRON, dwatkiss@bracepatt.com=20

Subject:=09ATTORNEY CLIENT PRIVILEGDE - Draft FERC Brief on Settlement Proc=
ess

The attached is a rough draft of a potential filing Enron would make in to =
Judge Wagner in the Settlement process (it is unclear if this would remain =
confidential per the gag order).

Please provide Ray Alvarez your comments. This would be filed as early as =
Monday am.

Jim

=20