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:Wed, 16 May 2001 03:57:00 -0700 (PDT)

Please see the following articles:

Sac Bee, Wed, 5/16: "Double power punch: Rate hikes set; blackout blues=20
ahead"

Sac Bee, Wed, 5/16: "An energy council expects five times the outages=20
forecast"

Sac Bee, Wed, 5/16: "Generator, environmental groups strike deal "

Sac Bee, Wed, 5/16: "Blackouts may create shortage of water: State officia=
ls=20
warn that supplies for drinking and fire hydrants are vulnerable because=20
pumps can fail during power outages"

Sac Bee, Wed, 5/16: "Dan Walters: Rate raise -- Genuine conflict or tightl=
y=20
scripted political melodrama?"

Sac Bee, Wed, 5/16: "Budget reserve plan stirs up a fight: Gov. Davis back=
s=20
drawing down the emergency fund. Others say it could lead to tax hikes or=
=20
massive cuts"

Sac Bee, Wed, 5/16: "Democrats lay out energy plan: Leaders call for caps =
on=20
wholesale prices and tax breaks for oil and gas production"

Sac Bee, Wed, 5/16: "Judge names panel in PG&E case"

SD Union, Wed, 5/16: "SDG&E area spared for now by big rate hikes"

SD Union, Wed, 5/16: "State credit rating takes another hit over energy=20
crisis"

SD Union, Wed, 5/16: "House Democratic plan calls for power price caps"

SD Union (AP), Tues, 5/15: "Southern California Gas plans pipeline expansi=
on"

SD Union (AP), Tues, 5/15: "Cheney's energy plan will offer no quick fixes=
=20
on gasoline prices"

LA Times, Wed, 5/16: "$5.7-Billion Energy Rate Hike Is OKd"

LA Times, Wed, 5/16: "State Has Lost Global Lead in 'Green' Power"

LA Times, Wed, 5/16: "All-Out Attack on Bush Energy Plan Is Readied"

LA Times, Wed, 5/16: "A One-Two Punch in the Budget"

LA Times, Wed, 5/16: "260 Hours of Summer Blackouts Predicted"

LA Times, Wed, 5/16: "Your new electric bill" (Graphic)

LA Times, Wed, 5/16: "Just Not Enough Electricity" (Audio from Gil=20
Alexander, Calif. Edison)
http://www.latimes.com/business/reports/power/gr_bill010516.htm#

SF Chron, Wed, 5/16: "The power behind the POWER=20
Business as usual for PG&E's well-connected board"

SF Chron, Wed, 5/16: "The Power behind the POWER=20
PG&E board doesn't suffer from energy crisis "

SF Chron (AP), Wed, 5/16: "California electric rates jump to second highes=
t=20
in country"

SF Chron (AP), Wed, 5/16: "Industry sees worse-than-expected summer power=
=20
shortages"

SF Chron, Wed, 5/16: "Contra Costa acts on energy=20
Hiring freeze, lawsuits planned by supervisors"

SF Chron, Wed, 5/16: "Memo suggests Texas firm manipulated gas market "

SF Chron, Wed, 5/16: "Bush follows stump script on energy=20
Policy announcement today was presaged in Michigan talk"

SF Chron, Wed, 5/16: "PUC tags consumers with huge rate boost=20
ELECTRICITY BILLS: Burden shifts from business to heavy residential users"

SF Chron, Wed, 5/16: "Davis finds his ramrod for risky energy bill "

SF Chron, Wed, 5/16: "Energy at a Glance"

SF Chron, Wed, 5/16: "PUC tags consumers with huge rate boost=20
NEWS ANALYSIS=20
Politicians see no need to promote urge to conserve"

SF Chron, Wed, 5/16: "SAN JOSE=20
County conserving its air conditioning"

Mercury News, Wed, 5/16: "California rate hike hits homes, businesses"

Mercury News, Wed, 5/16: "Electricity users struggle to meet savings targe=
t"

Mercury News, Wed, 5/16: "What is the baseline on electricity bills, and w=
hy=20
has
it become so important?"

Mercury News, Wed, 5/16: "California PUC approves power rate hike plan"

Mercury News, Wed, 5/16: "Energy report may lead to new battle on drilling=
=20
along California's coast"
Mercury News, Wed, 5/16: "Energy plan gives GOP the jitters" =20
(Commentary)

OC Register, Wed, 5/16: "Biggest rate hike in state history"

OC Register (AP), Wed, 5/16: "Democrats want energy price limits"

OC Register, Wed, 5/16: "Energy notebook
Electricity-bond delay lowers state credit standing"

OC Register, Wed, 5/16: "Burden falls on residents"

OC Register, Wed, 5/16: "Anaheim Mills runs out of gas"

OC Register (AP), Wed, 5/16: "Judge: Memo hints at gas market abuse"

Energy Insight, Wed, 5/16: "Power in the Northeast thinking locally, actin=
g=20
locally"

Individual.com (AP), Wed, 5/16: "PG&E, State Regulators Spar in Court"

NY Times, Wed, 5/16: "Bush Task Force on Energy Worked in Mysterious Ways"

WSJ, Wed, 5/16: "California Could Face Cash Crunch Soon --- Spending on=20
Power Worries Treasurer,
and Moody's Cuts State Bond Ratings"
---------------------------------------------------------------------------=
---
---------------------------------------------------

Double power punch: Rate hikes set; blackout blues ahead
By Carrie Peyton
Bee Staff Writer
(Published May 16, 2001)=20
The shouts and chants, boos and catcalls were the sound of the other shoe=
=20
dropping.=20
Seven weeks after state regulators voted to raise electric rates for=20
customers of Pacific Gas and Electric Co. and Southern California Edison by=
=20
$5 billion annually, Tuesday they sorted out just who will pay and just how=
=20
much.=20
Some of the state's biggest industries will have to spend 50 percent more f=
or=20
their electricity, starting June 1.=20
Even so, their cost per kilowatt-hour will be about half that paid by the=
=20
most electricity-guzzling homeowners and renters. Their bills, overall, wou=
ld=20
increase 37 percent under a complex, five-step rate scale.=20
The decision dismayed representatives of small consumers and big businesses=
=20
alike, and triggered an outpouring of rage from those who said the state=20
instead should seize power plants from owners who have jacked up wholesale=
=20
prices.=20
"Shame, shame, shame, shame," protesters chanted after the 3-2 vote by the=
=20
state Public Utilities Commission before a packed auditorium in San=20
Francisco.=20
"This is a cave-in to the big industrial lobby and the big agricultural lob=
by=20
that's been on the warpath for the last week," said Mike Florio, an attorne=
y=20
with The Utility Reform Network, a Bay Area consumer group.=20
For weeks, the commission has been backing away from ideas floated by PUC=
=20
President Loretta Lynch, who argued that substantially lower charges paid b=
y=20
big businesses for decades need to be leveled out, to come closer to=20
residential and small-business rates.=20
A proposal she outlined in March would have raised some business rates at=
=20
some hours up to sixfold. But by last week, the largest business increases =
in=20
two different proposals had come down to no more than 55 percent. On Tuesda=
y,=20
that was lowered again to 49 percent.=20
Even so, the decision was criticized by commissioner Richard Bilas as a=20
"disastrous rate design ... (that) will send the California economy into a=
=20
recessionary death spiral."=20
He warned that businesses will shut down or flee the state, with consequenc=
es=20
that will ripple through the economy as jobs and taxes are lost. Bilas and=
=20
Henry Duque, the two remaining Republican appointees on the five-member=20
commission, voted against the rate design proposed by Lynch. It was support=
ed=20
by commissioners Geoffrey Brown and Carl Wood, who, like Lynch were appoint=
ed=20
by Gov. Gray Davis.=20
"Every consumer in California is justified in feeling outrage at the rates =
we=20
approve today and the bills they will have to pay tomorrow," Lynch wrote in=
=20
her 69-page decision, blaming the increases on "wholesale price gouging" an=
d=20
inaction by federal regulators.=20
Lynch said the new rates will fuel conservation, but business interests hav=
e=20
argued that so many power users are fully or partly shielded that it will=
=20
blunt the conservation signal that could be sent by even higher rates.=20
Under Tuesday's decision, agricultural rate hikes were capped at 15 percent=
=20
to 20 percent, partly in response to Davis' urgings.=20
The governor, who had urged the commission to go easier on agriculture and=
=20
enact a lower overall increase, said in a statement that the rate hikes mad=
e=20
"modest improvements" over earlier proposals but "my plan represented a mor=
e=20
balanced approach."=20
The rate hikes also spare households that use less than 130 percent of a=20
minimal "baseline" amount to comply with a state law passed this year.=20
Pacific Gas and Electric's baseline varies depending on the region and the=
=20
season.=20
Households that qualify for special low-income rates or special medical rat=
es=20
also won't face increases.=20
For other residential power users, electricity will get progressively more=
=20
expensive, but only above 130 percent of baseline, so overall bills won't=
=20
rise as sharply.=20
Under the five new residential rate tiers, a PG&E customer whose use tops o=
ut=20
in the third tier would pay an additional $6 a month, increasing an average=
=20
$76 bill about 5 percent to $81, the PUC calculated.=20
Those whose usage rises into the fourth tier would pay about 18 percent mor=
e=20
per month, seeing their bills rise from $122 to $143, and those whose usage=
=20
creeps into the fifth tier would pay an extra $85, or 37 percent of their=
=20
total bill, which would increase from an average of $232 to $317, the=20
commission said.=20
Small businesses would face increases ranging from 34 percent to 45 percent=
.=20
While the percentage increases would seem to favor smaller consumers, the=
=20
underlying rates are highest for residential customers.=20
Households with usage above 130 percent of baseline will now pay PG&E an=20
average of 22 cents per kilowatt-hour for the additional power, Lynch=20
calculated. That compares with 16.7 cents for small businesses, 14.2 cents=
=20
for agriculture, 15.4 cents for large commercial users and 12.2 cents for=
=20
industrial users, she wrote.=20
It was the comparatively lower rates for the biggest users that angered=20
advocates for residential consumers.=20
"I don't know why they feel compelled to give those guys a break when they'=
re=20
the ones who wanted us to get into this deregulation mess in the first=20
place," said TURN's Florio.=20
But Bill Booth, who represents the California Large Energy Consumers=20
Association, said the decision is "a horrible result for business. This is=
=20
going to have a really negative effect on the economy."=20
Agricultural interests were more upbeat, with Ron Liebert, an attorney for=
=20
the California Farm Bureau Federation, praising the decision for recognizin=
g=20
"the unique difficulties agriculture faces," including dwindling water=20
supplies, higher pumping costs and higher fuel costs for farm equipment.=20
The rate hikes allow PG&E and Edison to collect an additional $700 million=
=20
over the next year. That amount represents revenue that the utilities would=
=20
have collected if they had been able to immediately impose the rate hike=20
March 27, the day the increase was approved.=20
The rate hikes affect customers of PG&E and Southern California Edison, the=
=20
state's two largest investor-owned utilities. They don't affect customers o=
f=20
ratepayer-owned systems such as the Sacramento Municipal Utility District,=
=20
where locally elected officials set rates. SMUD raises its rates an average=
=20
of 22 percent this month, driven partly by the same turbulence in wholesale=
=20
electricity markets that has sent PG&E into bankruptcy.=20

The Bee's Carrie Peyton can be reached at (916) 321-1086 or=20
cpeyton@sacbee.com.


An energy council expects five times the outages forecast
By Dale Kasler
Bee Staff Writer
(Published May 16, 2001)=20
In the bleakest assessment yet of California's summertime energy shortage, =
an=20
industry association Tuesday predicted the state will suffer five times as=
=20
many rolling blackouts as previously forecast.=20
Moreover, the group said the blackouts will be twice as widespread --=20
affecting twice as many Californians at a time -- as any the state has=20
experienced this year.=20
The North American Electric Reliability Council predicted 15 hours of=20
blackouts a week through September, vs. about three hours under assumptions=
=20
released by the Independent System Operator, which runs California's power=
=20
grid. The council's prediction sharply contrasted with predictions by Gov.=
=20
Gray Davis, who has said the state will avoid major problems this summer.=
=20
"All indications are, there are going to be chronic problems this summer,"=
=20
said Tim Gallagher, manager of technical services at the reliability counci=
l.=20
He said Californians for the first time can expect blackouts during odd hou=
rs=20
and on weekends, instead of just the late-afternoon hours when electricity=
=20
consumption usually peaks.=20
A Princeton, N.J., nonprofit group funded by the energy industry and=20
dedicated to monitoring the nation's power supplies, the reliability counci=
l=20
said electricity supplies may be iffy this summer in the Pacific Northwest,=
=20
New York, New England and Texas. The only state where it predicted blackout=
s=20
was California.=20
Taking note of the ISO's study, the council was far more pessimistic about=
=20
the levels of available power this summer from California's existing=20
hydroelectric, nuclear and natural gas-fired generating plants. It also=20
predicted fewer imports from out of state and said California will get less=
=20
power than expected from the host of new power plants scheduled to begin=20
operation over the summer.=20
The council did say the demand for power is likely to be less than the ISO=
=20
estimated, thanks to the impact of conservation programs and a hefty rate=
=20
increase approved by the Public Utilities Commission. But the council said=
=20
conservation programs are likely to generate only a third of the savings=20
predicted by state officials.=20
California has experienced six days of rolling blackouts this year, includi=
ng=20
two last week, the result of hydropower shortages, unexpected plant shutdow=
ns=20
and the financial crisis facing the state's two main utilities, Pacific Gas=
=20
and Electric Co. and Southern California Edison.=20
The second blackout, on Jan. 18, was the most widespread, cutting power to=
=20
750,000 homes at a time.=20
The reliability council said the average blackout this summer will be twice=
=20
as bad, taking down 1.6 million homes at a time.=20
Predicting the impact of summertime blackouts has become something of a=20
cottage industry, with various independent consultants forecasting billions=
=20
in economic losses. Recently a consultant hired by top business lobbyists=
=20
said the state will lose 135,000 jobs if it suffers 110 hours of blackouts =
--=20
less than half as many hours as predicted by the reliability council, which=
=20
is owned by 10 Regional Reliability Councils whose members come from all=20
segments of the electric industry.=20
The effect on the business climate remains to be seen. "We really have no=
=20
experience with this," said chief economist Ted Gibson of the California=20
Department of Finance.=20
Various industry analysts have predicted anywhere from 20 to 36 days of=20
rolling blackouts this summer. The ISO has said the state could face=20
blackouts any day when total demand exceeds 40,000 megawatts, which happene=
d=20
34 times last summer.=20
The ISO, which is scheduled to update its summer forecast next week, didn't=
=20
predict the number of hours of blackouts. But the reliability council fed=
=20
ISO's assumptions into its computer model and came up with 55 hours of=20
blackouts this summer. Using its own, more pessimistic assumptions, the=20
council estimated 260 hours, or about 15 hours a week.=20
"It wouldn't shock me," said Severin Borenstein of the University of=20
California Energy Institute. "It's a little high, compared to the other=20
estimates, but there's a lot of uncertainty about what's going to be=20
available in state and out of state."=20
The ISO had no comment on the council's projections, but Davis' office said=
=20
the forecast is overly pessimistic.=20
"Their calculations are based on the worst conditions occurring all day,=20
every day," said Davis spokesman Steve Maviglio.=20
He said the council overlooks the expected supplies from new "peaker" power=
=20
plants and two Orange County plants that will fire up this summer after fiv=
e=20
years in mothballs. The report also underestimates the level of power that=
=20
neighboring states will sell to California, he said.=20
"They assume it's going to be blazing hot in Phoenix, Portland and San=20
Francisco all on the same day (drastically reducing imports), and that neve=
r=20
happens," Maviglio said.=20
Davis has tried recently to minimize the impact of blackouts, saying: "We'l=
l=20
get through the summer without major disruptions. A couple of difficult day=
s,=20
but no major disruptions."=20
The council and the ISO are far apart in their assessment of supplies. The=
=20
ISO, for instance, predicted that the state will get nearly 2,600 additiona=
l=20
megawatts of power by July from new plants under construction, enough=20
electricity for nearly 2 million homes. The council said new plants typical=
ly=20
don't operate at full efficiency when they're starting up. Its prediction:=
=20
500 megawatts, or enough for only 375,000 homes.=20
Similarly, the ISO said the drought will curtail hydro supplies by 1,000=20
megawatts. The council said the shortfall will reach 2,400 megawatts by=20
August.=20
And while the ISO figured unexpected plant shutdowns will erase 2,500=20
megawatts of power, the council predicted the damage will be more than 4,50=
0=20
megawatts.=20

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



Generator, environmental groups strike deal=20
By Tom Knudson
Bee Staff Writer
(Published May 16, 2001)=20
Days after state regulators gave Duke Energy the go-ahead to expand its Mos=
s=20
Landing Power Plant near Monterey Bay last fall, documents show four=20
environmental groups made their own deal with the utility giant.=20
The four signed an agreement not to "participate in any lawsuit (or)=20
regulatory challenge" that might slow or stop the project in exchange for a=
=20
financial concession: $1 million from Duke for environmental "monitoring an=
d=20
research."=20
Balancing power generation and environmental protection always has been=20
difficult. But today, as power-starved California scrambles to find and=20
permit new energy sources, some fear the Moss Landing agreement shows that=
=20
money can sway even environmentalists -- and tip the scales too far in favo=
r=20
of economic development.=20
Environmentalists who signed the agreement, though, said that despite their=
=20
concerns about the plant expansion, they had little chance of stopping it,=
=20
especially after it was approved by the California Energy Commission and=20
Central Coast Regional Water Quality Control Board.=20
So they took the potentially controversial step: entering into an agreement=
=20
with Duke for financial resources to pay for studies of the plant's impact =
on=20
the marine environment.=20
Other environmentalists, though, criticized that approach.=20

Mitigation payments
Duke Energy's efforts to modernize the Moss Landing Power Plant resulted in=
=20
mitigation payments to environmental and other groups, including:=20
$7 million to the Elkhorn Slough Foundation to mitigate the plant's use of=
=20
seawater.=20
$425,000 to the Monterey Bay Sanctuary Foundation over three years to monit=
or=20
heated seawater discharge in the ocean.=20
$1 million to the Monterey Bay Sanctuary Foundation over five years to=20
monitor water quality through a program sponsored by Save Our Shores, the=
=20
Center for Marine Conservation, the Friends of the Sea Otter and the Otter=
=20
Project.=20
$100,000 to the Marine Mammal Center to relocate its triage center for=20
injured animals onto power plant property.=20
$3.4 million to the Moss Landing Chamber of Commerce over 20 years for=20
infrastructure improvements in the Moss Landing community.=20
$100,000 to design and construct a boardwalk for additional beach access in=
=20
Moss Landing.=20
$60,000 for an environmental assessment for a proposed Elkhorn Slough Circl=
e=20
Trail. If approved, Duke would provide an additional $250,000 endowment to=
=20
maintain the trail.=20
Source: Duke Energy, North America=20

"It is very disheartening," said Carolyn Nielson, a retired teacher who alo=
ng=20
with some other local residents is waging a battle against what they consid=
er=20
an environmentally harmful power plant cooling system.=20
"These environmental groups have the expertise, the biologists, the=20
attorneys," said Nielson, who has taken her case to the State Water Resourc=
es=20
Control Board. "We could have been much more successful with their help. Bu=
t=20
there wouldn't have been any financial reward in it for them."=20
Such criticisms are off-base, according to Warner Chabot, regional director=
=20
for the Center for Marine Conservation, a national environmental group that=
=20
was among those to sign the deal. He said environmentalists got the best de=
al=20
possible in the current energy climate.=20
"Look at what's happening with power plant approvals in California right=20
now," said Chabot, referring to the state's push to bring new energy source=
s=20
on line.=20
The Moss Landing project -- which is scheduled to add 1,060 megawatts in=20
2002, enough to serve one million homes -- is a key part of that energy=20
expansion plan.=20
No money will go to the four environmental groups -- the Center for Marine=
=20
Conservation, along with Save Our Shores, Friends of the Sea Otter and the=
=20
Otter Project. It will be routed, in five yearly installments of $200,000=
=20
each, to the Monterey Bay Sanctuary Foundation, a nonprofit organization th=
at=20
helps support sanctuary programs, including scientific research.=20
Chabot helped found the sanctuary foundation and sits on its board. He said=
=20
the money will be used to monitor the health of Elkhorn Slough, a=20
biologically rich estuary that borders the plant and is linked to Monterey=
=20
Bay.=20
"Not a dime comes to the Center for Marine Conservation," he said. "Not a=
=20
penny comes to me."=20
Duke representatives said the controversy about the arrangement has been=20
stirred by a handful of people.=20
"It's a million dollars worth of water quality studies," said Duke spokesma=
n=20
Tom Williams. "Our whole effort wasn't to try to buy anybody off. It was=20
designed to help increase people's comfort level where there wasn't a comfo=
rt=20
level."=20
The $1 million agreement signed in November is part of a package of more th=
an=20
$12 million in Duke payments to civil, government and environmental groups =
in=20
connection with the plant modernization.=20
The heftiest award -- $7 million to the Elkhorn Slough Foundation, a=20
nonprofit environmental organization -- was negotiated by state agencies to=
=20
"mitigate" environmental impacts of the plant.=20
Formed in 1982, the slough foundation exists to promote "the wise use and=
=20
conservation of Elkhorn Slough and surrounding wetlands," its Web site says=
.=20
However, some environmentalists say the state-approved mitigation plan is=
=20
inadequate.=20
"If you want to say, 'Who did Duke roll with a big chunk of money?' I would=
=20
say they rolled the California Energy Commission and the Regional Water Boa=
rd=20
for the price of mitigation," Chabot said. "The agencies got bought off=20
cheap. And the environment got taken to the cleaners."=20
Duke's Williams strongly disagreed. Environmental mitigation "must be based=
=20
on science, not on buying anybody off," he said. "That is inappropriate, an=
d=20
we would not participate in that.=20
"That suggestion is offensive to us. And it should be offensive to any=20
environmentalist."=20
Bob Haussler, head of the Energy Commission's environmental protection=20
office, said the mitigation plan is biologically sound. "We are confident i=
t=20
will improve the slough ecosystem," he said.=20
Madeline Clark, a local businesswoman and founder of Monterey Parkway -- a=
=20
citizens group that scrutinizes local public works projects -- called the=
=20
recipients of Duke's payments a "shopping list" of government agencies,=20
environmental groups and civic organizations. She was particularly critical=
=20
of the $1 million deal with environmental groups.=20
"You know what bothers me?" Clark said. "Environmental groups get tons of=
=20
donations. Their purpose is to protect and defend the environment. If a big=
=20
corporation like Duke can come in and buy them off, I have a real problem=
=20
with that."=20
Construction began in November on Duke's project to add 1,060 megawatts of=
=20
natural gas-fired electrical capacity to the Moss Landing plant, purchased=
=20
from PG&E in 1998.=20
If the expansion is finished next year, as scheduled, it would account for=
=20
more than 30 percent of all new generation in California in 2002.=20
"This is a big deal," said Williams, the Duke spokesman. "It will be the=20
largest plant in California. If that plant is delayed a month or two, we lo=
se=20
the summer of 2002. And that affects not only Duke Energy, but the state of=
=20
California."=20
Opponents say it's not the power they oppose, but the plant's cooling syste=
m,=20
which will pump about 1.2 billion gallons of seawater each day from Moss=20
Landing Harbor. Such pumping, they say, will degrade Elkhorn Slough. They=
=20
argue for an alternative cooling system, such as towers that recirculate=20
water.=20
"Basically, what that plant will do is take 25 percent of the volume of the=
=20
harbor and slough, run it through a pipe and dump it back into the ocean wi=
th=20
much of the marine life cooked and dead," said Steve Shimek, executive=20
director of the Otter Project.=20
For Shimek and other environmentalists, scientific studies commissioned by=
=20
Duke during the permitting process left key questions unanswered about the=
=20
plant's impact on the environment.=20
"There was no scientific evidence that would literally point to Duke causin=
g=20
harm to the environment," said Vicki Nichols, executive director of Save Ou=
r=20
Shores. "We felt we didn't have strong standing to sue."=20
Instead, the environmentalists began negotiating with Duke for financial=20
payments for studies of environmental impacts of the modernization project.=
=20
The process "gave me tremendous pause and great concern," Nichols said. "I=
=20
knew there was going to be some perception that we were doing the wrong=20
thing."=20
She was right.=20
"As far as I'm concerned, with the price-gouging going on by the energy=20
wholesalers, they are just receiving stolen goods," said Clark, of the=20
citizens group.=20
Her skepticism was sharpened by the recent disclosure that Duke Energy=20
approached Gov. Gray Davis with a secret deal offering financial concession=
s=20
if the state dropped lawsuits and investigations into the power generator.=
=20
Chabot, with the Center for Marine Conservation, discouraged any comparison=
=20
between the two offers, calling it "grossly unfair and inaccurate."=20
Regardless of what was intended with the payments, Nielson said they stain=
=20
the process. "It is so destructive in terms of making everyone cynical," sh=
e=20
said.=20
Shimek took a different view. "We convinced Duke to spend $1 million toward=
=20
monitoring that, frankly, five years from now could very well come back to=
=20
haunt them," he said.=20
"Did we do the right thing? I have no idea. Did we try our best? Yes, we=20
did."=20

The Bee's Tom Knudson can be reached at tknudson@sacbee.com.



Blackouts may create shortage of water: State officials warn that supplies=
=20
for drinking and fire hydrants are vulnerable because pumps can fail during=
=20
power outages.
By Chris Bowman
Bee Staff Writer
(Published May 16, 2001)=20
State health authorities are notifying public water utilities to secure=20
emergency water and backup power so fire hydrants won't run dry and drinkin=
g=20
water remains safe during blackouts.=20
The notice, which is being issued this week to all 8,700 public water syste=
ms=20
in the state, also advises utilities to warn the public that tap water coul=
d=20
turn cloudy or contaminated during a prolonged power outage at the utilitie=
s'=20
well pumps.=20
The Department of Health Services also suggested alerting consumers to=20
"immediately discontinue any non-essential water usage" during water outage=
s=20
or low water pressure.=20
Clamping down on water use, particularly outdoor irrigation and car washing=
,=20
reduces the chances of water systems losing pressure or running dry, state=
=20
officials said.=20
Loss of pressure can introduce bacterial contamination into the=20
drinking-water supply. Water pipes inevitably leak, and the leakage that=20
mixes with soil can get sucked back into the system through cracks in the=
=20
underground delivery network. The effect, called back-siphonage, is similar=
=20
to sipping water through a straw.=20
As a precaution, the state health notice advises water utilities to increas=
e=20
monitoring for harmful microbes in areas that lose power.=20
Changes in water pressure also can churn up sediment settled in pipes,=20
causing tap water to turn brown or cloudy. Consumers are advised to open ho=
t-=20
and cold-water faucets when normal water service is restored to flush the=
=20
lines until the water turns clear.=20
The state health advisory comes at the beginning of air-conditioning season=
=20
that threatens to drain California's power-short supplies on hot days.=20
The Association of California Water Agencies is telling its members to=20
"prepare for multiple, multi-hour power outages: 80-100 hours of power=20
outages (during the summer) based on average assumptions, up to 1,000 hours=
=20
if things get worse."=20
At issue are the electrical pumps that extract water from wells and keep=20
supplies flowing at a constant rate through underground networks of municip=
al=20
water mains and pipes.=20
The state Public Utilities Commission has exempted services "necessary to=
=20
protect public health and safety" from planned blackouts that power manager=
s=20
impose to avert a collapse of the state's electricity grid.=20
The exemption, however, does not apply to water-supply or sewage-treatment=
=20
systems, which rely on electric pumps to keep raw wastewater from spilling=
=20
out of utility holes.=20
As a result, water-supply systems are at risk, even for firefighting=20
agencies, which are exempt from the blackouts.=20
"Those who provide the necessary water for those services should likewise b=
e=20
exempted," said the water-utilities association, which is pressing the PUC=
=20
for an exemption from blackouts.=20
PUC officials said that most water utilities have adequate backup generator=
s,=20
though they have agreed to further consider the utilities' case. Many of th=
e=20
generators were bought in anticipation of the Y2K computer havoc that large=
ly=20
failed to materialize.=20
State health and local utility officials said those generators would prove=
=20
critical if the power outages became more frequent and prolonged as expecte=
d=20
this summer.=20
In its notice to utilities this week, the state health department says it=
=20
"encourages all utilities to secure backup power capabilities and to=20
routinely test their emergency power generating equipment. ... In addition,=
=20
storage should be maintained as full as possible."=20
The advisory also asks utilities to update their "disaster response plans" =
so=20
the state can better help utilities in emergencies.=20
Cliff Sharpe, chief of the health department's drinking-water enforcement f=
or=20
Northern California, said small community water systems are at greatest ris=
k=20
because they lack adequate water storage.=20
But larger systems such as those in the Sacramento area could have delivery=
=20
breakdowns if the outages at the well pumps last more than two hours, he=20
said.=20
Officials at Citizens Water Resources, which serves 180,000 residents in th=
e=20
unincorporated areas of metropolitan Sacramento, said it has water-sharing=
=20
arrangements with the city of Sacramento and other suppliers in the event o=
f=20
a water outage.=20
Having enough power to deliver the water, however, is an open question, sai=
d=20
Herb Niederberger, Citizens operations manager. The utility has several=20
portable generators and many more on order to install at its wellheads.=20
Still, officials said they would need the help of residents to make sure th=
e=20
system gets by. They are asking residents to confine outdoor watering from=
=20
midnight to 10 a.m.=20
"If the blackouts occur during peak hours of energy use and many customers=
=20
are using their sprinklers, we'll lose pressure immediately," Niederberger=
=20
said.=20

The Bee's Chris Bowman can be reached at (916) 321-1069 or cbowman@sacbee.c=
om
.


Dan Walters: Rate raise -- Genuine conflict or tightly scripted political=
=20
melodrama?


(Published May 16, 2001)=20
California's historic -- and terribly flawed -- experiment in the generatio=
n,=20
transmission and pricing of electric energy began as a drive by big=20
industrial and commercial power customers to reduce their costs.=20
At the time, California was mired in the worst recession since the Great=20
Depression, hundreds of thousands of jobs had disappeared and business=20
executives were complaining about the high costs of operating in the state.=
=20
Improving the "business climate" had become an oft-chanted political mantra=
,=20
and executives wanted power supplies by competitive bid outside the regulat=
ed=20
utility grid.=20
The demands of business for "direct access" to competitive power morphed,=
=20
thanks to an unfortunate meeting of minds between academic theorists and=20
vote-hungry politicians, into a broad scheme that was called "deregulation"=
=20
but was really a hybrid shaped by powerful interest groups.=20
Among the many ironies that attach themselves like lamprey eels to the=20
state's energy crisis is that the big users that wanted to reduce their cos=
ts=20
now are being saddled with sharp spikes in power rates to ease the immense=
=20
debts the utilities and the state have amassed. And that irony comes with a=
=20
tale of political intrigue.=20
During late 2000 and early 2001, business leaders, worried that the utiliti=
es=20
were being driven into bankruptcy and power supplies could be interrupted,=
=20
repeatedly urged Gov. Gray Davis to allow utility rates to rise. The=20
Democratic governor rebuffed the pleas for months, agreeing only to a token=
=20
and supposedly temporary increase in January. But in April, with the state'=
s=20
own treasury being hammered by power purchases, Davis relented and agreed t=
o=20
allow rates to rise by around one-third.=20
How that came about is still a bit mysterious. Davis acted after the state=
=20
Public Utilities Commission, controlled by his appointees and headed by a=
=20
former political adviser, unveiled its own rate increase scheme, one heavil=
y=20
oriented toward imposing most of the burden on business rather than=20
residential customers. Davis insisted that the PUC had acted on its own,=20
which produced nothing but guffaws in the Capitol.=20
PUC President Loretta Lynch plowed ahead with her $5 billion plan, business=
=20
executives howled and on Sunday, just as the commission was poised to act,=
=20
Davis publicly rejected it. "My plan raises sufficient revenues to deal wit=
h=20
the problem without putting an undue burden on California consumers and=20
business that might hurt the economy," Davis said. The next day, Lynch=20
postponed adoption of her plan, saying it was undergoing revisions, and on=
=20
Tuesday a new version, somewhat closer to the governor's and less onerous t=
o=20
business, was unveiled. Davis, it became apparent, had interceded with othe=
r=20
commissioners, including newly appointed Jeff Brown, to lessen the impact o=
n=20
agriculture and business.=20
Consumer groups howled about what they characterized as a sellout to=20
business, arguing that the executives who pressed for deregulation in the=
=20
mid-1990s should swallow the rate increases that result from the failure of=
=20
the scheme to increase competition and lower power costs. But during a PUC=
=20
meeting disrupted by anti-rate increase protesters, the scheme was approved=
=20
on a 3-2 vote.=20
What no one outside Davis' immediate circle knows is whether all of this wa=
s=20
a genuine conflict between the governor and Lynch, the one-time political=
=20
strategist he chose to head the PUC, or whether it was a setup to make Davi=
s=20
appear to be a moderate who saved business from killer utility rates. Davis=
=20
is certainly no stranger to the triangulation approach to political issues;=
=20
he has often positioned himself as the protector of business, and collected=
=20
huge amounts of campaign cash from business groups. And the situation is mo=
re=20
than faintly reminiscent of several incidents that occurred during the Jerr=
y=20
Brown governorship, when Davis was Brown's chief of staff.=20
Perhaps it was a genuine conflict, but it certainly has all the earmarks of=
a=20
scripted melodrama, with Davis casting himself as the rescuer of business=
=20
damsels in distress.=20

The Bee's Dan Walters can be reached at (916) 321-1195 or dwalters@sacbee.c=
om
.


Budget reserve plan stirs up a fight: Gov. Davis backs drawing down the=20
emergency fund. Others say it could lead to tax hikes or massive cuts.
By John Hill
Bee Capitol Bureau
(Published May 16, 2001)=20
Budget reserves are for a rainy day, Gov. Gray Davis says -- and it's=20
starting to rain.=20
But what if the rain keeps falling and turns into a deluge?=20
That was one of the questions being asked at the Capitol the day after the=
=20
Democratic governor released his revised budget proposal for the fiscal yea=
r=20
that begins July 1.=20
Among an array of cuts and transfers, Davis proposes to draw down the state=
's=20
reserve by $900 million -- from $1.9 billion to $1 billion.=20
Davis says the reserve was meant to get the state through times such as thi=
s,=20
when a sudden drop in the stock market takes a chunk out of state revenues.=
=20
But others, including some Democrats, question whether Davis' plan leaves=
=20
enough of a reserve to avoid the need for taxes or massive budget cuts a ye=
ar=20
from now.=20
"The thing we find most egregious is the reduction in surplus," said Assemb=
ly=20
Republican leader Dave Cox of Fair Oaks. The Republicans have advocated a=
=20
reserve of $4 billion just for the state's future electricity purchases, in=
=20
addition to a reserve for other contingencies.=20
Wall Street seemed to take notice as well. On Tuesday, Moody's, one of the=
=20
three leading credit rating agencies, lowered its rating for California's=
=20
general obligation bonds from Aa3 to Aa2.=20
Moody's cited the failure of the Legislature to approve a bill that would=
=20
have allowed the immediate sale of bonds to repay the state treasury for=20
electricity purchases the state has been making since January. The bill,=20
which required a two-thirds majority, was blocked by Assembly Republicans,=
=20
forcing a 90-day wait for the massive bond sale.=20
But Moody's also cited Davis' budget proposal, which it said "leaves little=
=20
cushion for additional bad news." Moody's downgrade follows a similar move=
=20
last month by Standard & Poor's and will increase the state's costs of=20
borrowing.=20
Sen. Steve Peace, D-El Cajon, agreed that the state could find itself in di=
re=20
straits next year without a big enough reserve. Peace, chairman of the stat=
e=20
Senate Budget Committee, said a $4 billion reserve "is on the low end of=20
where we ought to be."=20
Peace said the state may be headed into a period similar to the budget=20
disarray of the recession of the early 1990s.=20
"Having lived through the early '90s experience and having less confidence =
in=20
the institutional ability to deal with a crisis environment, I think it wou=
ld=20
be wiser to operate on more conservative expectations," he said.=20
But Ted Gibson, chief economist at the state Department of Finance, said th=
e=20
early '90s "was a once-in-the-past-century event" that occurred largely=20
because the state's economy was so dependent on the aerospace industry. Hig=
h=20
technology, while suffering a slowdown, "is more diverse in what they do an=
d=20
where they sell," he said, and can be expected to bounce back.=20
The state budget increasingly lives and dies with the stock market. The=20
income tax on stock options and capital gains has grown as a percentage of=
=20
general fund revenues from 5.6 percent in the mid-1990s to nearly one-quart=
er=20
in the current fiscal year. That number drops to 16 percent in Davis' revis=
ed=20
budget proposal.=20
But while the sudden drop of the stock market dealt the state a severe blow=
,=20
Gibson said, the pain is unlikely to last because stock prices historically=
=20
rise.=20
"I would argue that the big drop in stock market income has to be considere=
d=20
a one-time affair, and is not going to provide a huge drag," Gibson said.=
=20
Gibson and other economists believe the economy will lag the rest of this=
=20
year, but gradually improve in 2002 and 2003, avoiding full-blown recession=
.=20
Gibson said the administration prepared for the sudden downturn by using=20
stock market windfalls for one-time expenditures that didn't have to be kep=
t=20
year after year.=20
But Republicans say Davis has not done enough in his new proposal to cut=20
year-to-year spending, relying instead on transfers between accounts and=20
using the reserve to make ends meet.=20
"If we do not make good decisions this year, we absolutely are putting=20
ourselves in some very challenging territory for next year's budget," said=
=20
Assemblyman George Runner, R-Lancaster.=20
Runner questioned Davis' claim that he had kept a lid on spending.=20
"It's interesting to say that and have government grow by a third in the=20
three years you've been in office," he said.=20

The Bee's John Hill can be reached at (916) 326-5543 or jhill@sacbee.com.



Democrats lay out energy plan: Leaders call for caps on wholesale prices an=
d=20
tax breaks for oil and gas production.
By David Whitney
Bee Washington Bureau
(Published May 16, 2001)=20
WASHINGTON -- House Democrats called for price controls on wholesale=20
electricity rates and for tax incentives to spur oil and gas production=20
Tuesday, but emphasized they are not asking Americans to trim their=20
lifestyles or stop driving gas-guzzling cars to cut energy consumption.=20
The Democrats' initiative is an effort to take the steam out of the energy=
=20
strategy President Bush will unveil Thursday. That proposal is expected to=
=20
emphasize opening new areas to oil and gas exploration and building hundred=
s=20
of new power plants, but will not include temporary price caps on=20
electricity. Many in California and the West regard caps as crucial to curb=
=20
runaway prices.=20
California Democrats also expect that the Bush administration will call for=
=20
reopening areas off the California coast to oil and gas leasing, and they=
=20
will announce today a resolution in opposition to any such proposal.=20
At a luncheon with reporters, House Democratic Leader Dick Gephardt said he=
=20
thinks the energy crisis can be solved without "sacrificing" the environmen=
t.=20
"Most people want an energy policy that is consistent with the Clean Air an=
d=20
Clean Water acts," Gephardt said.=20
Gephardt criticized the administration for pressing to open the coast of=20
Alaska's Arctic National Wildlife Refuge to oil drilling, saying it would=
=20
take too long and produce too little oil to help the current crisis. But=20
Gephardt said the government should approve tax incentives to hasten=20
construction of a natural gas pipeline from the North Slope because those=
=20
reserves could be a great help for electricity generation.=20
Gephardt released a 19-page report by the House Democratic Caucus' energy=
=20
task force that calls for various tax incentives to promote conservation,=
=20
sales of new energy-saving cars and appliances, and home and office=20
weatherization.=20
Gephardt said Democrats favor such incentives over mandatory measures to=20
lower fuel consumption in cars and trucks -- ideas that in the past have be=
en=20
traditional rallying cries among Democratic representatives.=20
The task force report, titled "Principles for Energy Prosperity," includes =
a=20
cover photograph of a family washing a sport-utility vehicle next to a=20
wilderness photo of a snow-capped mountain.=20
Gephardt said he believes that government incentives will work to bring=20
energy supply and demand into balance without infringing on lifestyle=20
choices.=20
"We need to spawn efficiency so that Americans can get what they want -- lo=
w=20
(energy) prices and a clean environment," he said.=20

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


Judge names panel in PG&E case=20
By Claire Cooper
Bee Legal Affairs Writer
(Published May 16, 2001)=20
SAN FRANCISCO -- The federal bankruptcy administrator Tuesday defended her=
=20
appointment of an unusual committee of ratepayers in the Pacific Gas and=20
Electric Co. case, saying it's the only way to protect the public.=20
Ratepayers are entitled to a place at the table, said U.S. Trustee Linda=20
Ekstrom Stanley, because of "the possibility they will be asked to fund a=
=20
plan that pays PG&E's creditors and shareholders."=20
PG&E has challenged Stanley's legal authority in naming the committee, whic=
h=20
would have broad powers to investigate and negotiate alongside the utility=
=20
and its creditors. Judge Dennis Montali will hear oral arguments on the=20
matter Friday.=20
"It could be argued the state of California has abandoned ratepayers in the=
=20
bankruptcy case," Stanley said in a brief filed with Montali on Tuesday. "A=
s=20
an alternative to the state's appearance, a committee broadly representativ=
e=20
of virtually all ratepayer constituences is essential to assure the=20
ratepayers' interests are protected."=20
PG&E contends that only the state could represent ratepayers. The state has=
=20
bowed out, citing its 11th Amendment right of sovereign immunity.=20
Stanley said the creditors' committee, a standard participant in bankruptcy=
=20
proceedings, also cannot speak for consumers in this case because the=20
creditors may lack a strong interest in pursuing claims against power=20
generators and the utility's parent company, PG&E Corp.=20
In asking Montali to disband the committee, PG&E objected particularly to t=
he=20
inclusion of leaders of Consumers Union and The Utility Reform Network,=20
groups that sometimes have thwarted PG&E in state regulatory hearings. Othe=
rs=20
on the ratepayers' committee represent a diverse mix of organizations,=20
ranging from the California School Boards Association to the California=20
Manufacturers & Technology Association.=20
Two organizations -- the Greenlining Institute and Latino Issues Forum --=
=20
have criticized Stanley for not making the committee more inclusive.=20

The Bee's Claire Cooper can be reached at (415) 551-7701 or=20
ccooper@sacbee.com.



SDG&E area spared for now by big rate hikes=20



Edison, PG&E customers hit hard by state action
By Craig D. Rose?
UNION-TRIBUNE STAFF WRITER=20
May 16, 2001=20
In the preview of a movie SDG&E customers don't want to see, the state Publ=
ic=20
Utilities Commission walloped customers of California's other major utiliti=
es=20
with electricity rate increases as high as 50 percent yesterday.=20
The historic increases follow a PUC decision in March to raise electricity=
=20
bills for Pacific Gas and Electric and Southern California Edison customers=
=20
by a total $5.2 billion annually.=20
That decision, however, did not specify how the increase would be allocated=
.=20

Yesterday's vote ordered rate increases of up to 37 percent for residential=
=20
customers and up to 49.5 percent for business customers. The 3-2 vote drew=
=20
howls of protest from demonstrators at the commission's San Francisco=20
meeting.=20
Similar increases are expected for San Diego Gas and Electric's 1.2 million=
=20
customers in coming months. Public hearings for the SDG&E raises are expect=
ed=20
next month.=20
Although yesterday's rate increase allocation was stunning, commission=20
President Loretta Lynch warned of worse increases ahead unless the Federal=
=20
Regulatory Energy Commission caps wholesale power costs.=20
"Unless and until the FERC decides to enforce the law, even these=20
astronomical new average rates may prove inadequate to cover exorbitant=20
wholesale electricity prices in the California market," Lynch wrote in the=
=20
approved rate increase decision.=20
The PUC was pressed to raise rates in order to cover California's cost of=
=20
purchasing electricity. The state took over purchasing power earlier this=
=20
year as utilities moved toward insolvency.=20
The utilities said that with customer payments frozen under terms of the=20
state's deregulation law, they were unable to pay the soaring cost of=20
wholesale power. Critics noted the same utilities transferred billions in=
=20
payments to parent companies and shareholders during the first years of=20
deregulation.=20
The new increases for the 9 million customers of PG&E and Edison will begin=
=20
appearing in June bills but will be retroactive to March, when the rate=20
adjustment was approved.=20
Consumer groups said yesterday's vote was delayed by a day because of frant=
ic=20
lobbying by business interests seeking to shift a greater share of the new=
=20
costs onto residential ratepayers.=20
Mike Florio, senior attorney for The Utility Reform Network, the San=20
Francisco-based consumer group, calculated that last-minute lobbying by=20
businesses advocates pushed about $105 million more of the increase onto=20
residential customers, compared to an earlier version of the rate increase=
=20
allocation, which was also written by Lynch.=20
"This decision shows how desperately we need control over our electric syst=
em=20
and how costly deregulation has become for California," Florio said.=20
Demonstrators at the PUC session yesterday suggested the commission is=20
failing to protect the public and should henceforth be called the "Private=
=20
Utilities Commission." Others issued calls for seizing power plants.=20
Commissioner Geoffrey Brown shouted back at protesters that rate increases=
=20
were necessary.=20
Under the rate design approved yesterday, homeowners able to keep electrici=
ty=20
use within 130 percent of the so-called baseline allowance will be spared=
=20
increases, as will the lowest-income customers and those with certain medic=
al=20
conditions. The baseline is a minimum level of electricity, and it varies b=
y=20
location. The baseline amount, measured in kilowatt-hours, is printed on=20
electricity bills.=20
The Office of Ratepayer Advocates within the commission estimates these=20
exemptions will shield more than 60 percent of all residential consumers.=
=20
Others will pay progressively more as their use rises, with the highest=20
increases of 37 percent for those consuming more than 300 percent of baseli=
ne=20
allowances.=20
Average industrial rates will increase about 49 percent, while agricultural=
=20
rates could rise as much as 20 percent for customers of PG&E and Edison.=20
The California Manufacturers and Technology Association warned of layoffs i=
f=20
businesses are forced to pay a disproportionate share. But consumer advocat=
es=20
said it was large-business interests that pressed for deregulation in the=
=20
first place.=20
"Once again residential and small-business ratepayers, the innocent victims=
=20
of deregulation, are being forced to pay for the debacle," said Doug Heller=
=20
of the Foundation for Taxpayer and Consumer Rights in Santa Monica.=20
Gov. Gray Davis, who resisted rate increases through the first months of th=
e=20
power crisis, recently offered a proposal of his own to boost rates.=20
"While the PUC's revised rate increase made some modest improvements, my pl=
an=20
represented a more balanced approach," Davis said.=20
All three commissioners appointed by Davis voted for the increase, while th=
e=20
two commissioners appointed by former Gov. Pete Wilson were opposed.=20
Commissioner Richard Bilas, who voted against the increase, said it would=
=20
push the state into recession and was a "grave mistake." Henry Duque, the=
=20
other dissenter, objected to slapping customers who use more power with=20
higher percentage rate increases and urged more equal treatment. Both said=
=20
the increases would fail to encourage needed conservation.=20
But Commissioner Carl Wood said the increases were made necessary by FERC's=
=20
failure to cap wholesale power prices.=20
"Every consumer in California is justified in feeling outraged," Wood said.=
=20
"They are facing an unlawful price regime for a fundamental necessity. We=
=20
continue to look to the federal government to moderate prices."=20
Bilas, Duque and Lynch were not present in San Francisco for the vote but=
=20
participated in the meeting via telephone.






State credit rating takes another hit over energy crisis=20



Move should add to cost of bonds
By Craig D. Rose and Karen Kucher=20
UNION-TRIBUNE STAFF WRITERS=20
May 16, 2001=20
On the same day that the Federal Reserve lowered interest rates, a Wall=20
Street rating firm raised the cost of borrowing for California because of=
=20
deepening concerns about the electricity crisis.=20
Moody's Investors Service downgraded California's credit yesterday, pushing=
=20
it into a group of 12 states that has the firm's lowest rating.=20
That is still better than the Standard & Poor's rating for the state, which=
=20
last month downgraded California to among the three lowest rated states.=20
Lenders demand higher interest rates for loans to lower-rated borrowers.=20
The state treasurer's office was unable yesterday to quantify how much the=
=20
downgrades could cost California as it approaches a record $13 billion bond=
=20
sale this summer. The bonds are needed to pay for the soaring cost of=20
electricity.=20
In other energy developments:=20
?Federal regulators determined this week that no refunds will be ordered fo=
r=20
April's energy bills in California because the state's grid managers did no=
t=20
declare any Stage 3 emergencies during the month.=20
In March, the Federal Energy Regulatory Commission decided refunds would on=
ly=20
apply to charges for power during the most dire shortages, when wholesale=
=20
electricity costs are highest. Critics have argued that power prices have=
=20
been far from "just and reasonable" during other periods as well.=20
The agency also has dismissed a request to reconsider the refund amounts it=
=20
directed power providers to pay for alleged overcharges made in January.=20
Southern California Edison and Pacific Gas and Electric had wanted provider=
s=20
who allegedly overcharged for wholesale electricity to pay much larger=20
refunds than federal regulators envisioned. The commission has ordered powe=
r=20
providers to refund $124 million if they can't justify their prices.=20
FERC said its action is not subject to requests for rehearings at this poin=
t,=20
although such a request may be refiled when the commission issues its forma=
l=20
order in the case.=20
?A FERC judge said yesterday that a memo in a case he is hearing implies th=
e=20
natural gas market was abused to drive up California energy costs last year=
.=20
The memo "certainly has statements in it that could lead one to believe the=
re=20
was an abuse" of the gas market, Curtis Wagner, the Federal Energy Regulato=
ry=20
Commission's chief administrative law judge, said in a hearing in Washingto=
n.=20
California regulators have pointed to the memo to accuse Houston-based El=
=20
Paso Corp. of using its market power to inflate the price of natural gas so=
ld=20
in California last year by as much as $3.7 billion.=20
El Paso Corp. owns a gas marketing company, El Paso Merchant, and one of th=
e=20
largest pipelines connecting Southwest gas fields to California. The compan=
y=20
has denied the allegations.=20
Wagner wouldn't release the memo, dated Feb. 14, 2000, and attorneys wouldn=
't=20
discuss the contents.=20
The New York Times has reported that El Paso Merchant said in a Feb. 14,=20
2000, memo that it would have "more control" of gas markets because of a de=
al=20
it made with El Paso Natural Gas that gave it the right to ship 1.2 billion=
=20
cubic feet of gas a day on El Paso's pipeline.=20
Wagner's ruling is expected next month. The full Federal Energy Regulatory=
=20
Commission can accept or reject his ruling. The hearing began Monday and=20
should continue through next week.=20
?Southern California Gas Co., a division of San Diego-based Sempra Energy,=
=20
announced yesterday that it plans to add a 32-mile pipeline to its=20
transmission system to help it keep pace with growing demand.=20
The additional 6 percent of capacity would allow the company to deliver an=
=20
additional 200 million cubic feet of natural gas per day.=20
Natural gas fuels most of the plants that generate electricity in the state=
,=20
and demand increased dramatically as the electricity crisis worsened. The g=
as=20
company said the expansion is enough to fuel three 500-megawatt power plant=
s.=20
The pipeline is expected to cost $40 million and to be completed by the end=
=20
of the year. It will extend from a company compressor station in Adelanto t=
o=20
the Kern-Mojave Pipeline near Kramer Junction. El Paso Corp. and the Willia=
ms=20
Cos. own the Kern-Mojave Pipeline.=20
?The power crunch this summer may be worse than earlier estimates, with=20
California suffering blackouts on an average of 20 hours a week and possibl=
e=20
power disruptions in the Northeast if hot weather persists, an=20
industry-sponsored group reported yesterday.=20
The North American Electric Reliability Council said there may be as many a=
s=20
260 hours of rolling blackouts in California during the summer months.=20
The Associated Press contributed to this report.=20






House Democratic plan calls for power price caps=20



By Finlay Lewis?
COPLEY NEWS SERVICE=20
May 16, 2001=20
WASHINGTON -- House Democratic leaders yesterday unveiled a plan for coping=
=20
with the nation's energy crisis that includes caps on wholesale electricity=
=20
prices in California and across the West.=20
The plan mixes other short-term approaches such as emergency energy funds f=
or=20
schools with long-range conservation measures that would improve automobile=
=20
gas mileage and provide tax credits for energy-efficient homes and cars.=20
At a news conference outside a Capitol Hill gas station, House Minority=20
Leader Dick Gephardt and several colleagues scolded the Bush administration=
=20
for crafting its own energy plan in secret with energy industry executives.=
=20
They also chided President Bush for ignoring his own campaign rhetoric abou=
t=20
pressuring OPEC to lower the price of imported crude oil.=20
The president tomorrow will travel to Minnesota and Iowa to announce the=20
administration's energy plan, created by a task force headed by Vice=20
President Dick Cheney. The administration plan is expected to focus on=20
developing new-energy resources, but will not include price caps.=20
Gephardt said, "We do not accept the belief that this administration=20
apparently has, that we have to drill our way out of this problem, that we=
=20
basically have to sacrifice our environment to solve the problem."=20
In California, Gov. Gray Davis praised the plan from fellow Democrats for=
=20
recognizing that the state's "electricity problem is a national issue that=
=20
demands immediate federal action."=20
The governor added, "No comprehensive federal energy policy should exclude=
=20
immediate and meaningful wholesale price relief in the West."=20
Following the Democratic news conference, White House press secretary Ari=
=20
Fleischer reiterated the Republican administration's opposition to price=20
caps.=20
"Price controls will cause more harm than good in the economy in terms of=
=20
people's ability to get energy," Fleischer said. "They will drive supply=20
down, they will create more demand."=20
Strategists for both political parties say that the political stakes posed =
by=20
the energy crisis could be substantial.=20
Democrats continued to link the administration with the oil industry, notin=
g=20
that private energy corporation executives participated in the drafting of=
=20
the administration plan. Bush's and Cheney's backgrounds as energy company=
=20
executives have also been a point of contention for their critics.=20
Rep. Edward Markey, D-Mass., told reporters that the administration would=
=20
produce "a policy written by energy companies who want to use the Bush-Chen=
ey=20
plan as a Trojan horse to take environmental and health laws off the books.=
"=20
Democrats also quoted candidate Bush as last year demanding the Clinton=20
administration pressure the foreign oil cartel "to open (its) spigots."=20
"Today when crude oil prices stand at $28 a barrel, this White House is=20
silent," said Rep. Rosa L. DeLauro, D-Conn.=20
Fleischer shrugged off questions about the influence of American oil=20
executives on Cheney's task force. He also said the president is engaged in=
=20
"quiet" diplomacy with OPEC leaders.=20
In their plan, the Democrats are demanding a federal crackdown on "price=20
gouging" by the energy industry and call for limiting wholesale power price=
s=20
until March 2003.=20
They also urge Bush to keep open the option of drawing on the Strategic=20
Petroleum Reserve to counter future oil market disruptions, a policy the=20
administration rejected.=20
The Democratic plan outlines an array of tax credits, including up to $4,00=
0=20
to encourage energy conservation with more efficient homes and vehicles.=20
Also proposed are short-term steps to help the poor and elderly with energy=
=20
bills, to encourage the use of mass-transit systems and car pools, and to=
=20
provide $200 million this year in emergency assistance to Western schools=
=20
staggered by energy costs.=20
For the longer term, the Democrats want more money for a low-income housing=
=20
weatherizing program, and efforts to boost domestic energy production.=20
The latter step calls for increased production on federal lands already ope=
n=20
for drilling and that account for 89 percent of the nation's proven oil and=
=20
gas reserves.=20
The proposals include tax incentives for domestic production of crude oil,=
=20
natural gas and "clean" coal.=20
The plan also calls for expedited pipeline construction, bolstered safety a=
t=20
nuclear power plants, improved electricity transmission grids, expanded=20
refining capacity and encourages the development of renewable energy source=
s.=20
Fleischer noted that the Democrats had offered "some areas of overlapping=
=20
commonality" with the administration's plan.=20
However, Democrats spotlighted their opposition to the administration's cal=
l=20
for drilling in a small portion of Alaska's Arctic National Wildlife Refuge=
=20
and Bush's decision not to clamp down on carbon dioxide emissions from powe=
r=20
plants as he had promised during the campaign.=20
"I would note that their idea seems to be to drill, to dig and to detonate=
=20
our way out of this mess, and to throw away environmental protections," sai=
d=20
Rep. John Dingell, D-Mich.=20







Southern California Gas plans pipeline expansion=20



By Seth Hetten