Enron Mail

From:angela.wilson@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:Thu, 21 Jun 2001 03:56:00 -0700 (PDT)

Please see the following articles:

Sac Bee, Thurs, 6/21: Davis insists on energy refunds

Sac Bee, Thurs, 6/21: Energy Digest: State moves to tax plants=20

SD Union, Wed, 6/20: Davis demands nearly $9 billion for electricity=20
overcharges

SD Union, Wed, 6/20: Davis spars with GOP senators over electricity rates

SD Union, Thurs, 6/21: Poway not proceeding on power plant proposal

SD Union, Thurs, 6/21: Campaign helps seniors bear summer
Program to use stickers identifying 'cool zones'

SD Union, Thurs, 6/21: Business leaders unite to back new SDG&E line
Coalition to lobby for transmission plan

SD Union, Thurs, 6/21: Governor adamant on refund at hearing=20
Davis, on Capitol Hill visit, deflects blame for shortages

SD Union, Wed, 6/20: Little-known transmission company has billion-dollar=
=20
backers

LA Times, Thurs, 6/21: Davis asks for energy refund help

LA Times, Thurs, 6/21: House approves utility aid for needy=20

LA Times, Thurs, 6/21: Summer starts, power doesn't stop

LA Times, Thurs, 6/21: Board votes to let state tax power plants

SF Chron, Wed, 6/20: Davis' spinmeisters draw heat from watchdogs
State controller refuses to pay energy advisers

SF Chron, Thurs, 6/21: Board wants to take back control of setting plants'=
=20
property taxes=20

SF Chron, Thurs, 6/21: Tough talk on power prices

SF Chron, Thurs, 6/21: Nonprofits helped with utility bills
Grants pay for ways to conserve energy

Mercury News, Thurs, 6/21: Federal caps chill prices, analysts say
Market steadies state leaders pushing for stricter controls

OC Register, Wed, 6/20: Price controls could take years to assess
Factors such as weather, conservation and long-term contracts all contribut=
e=20
to prices, experts say

OC Register, Wed, 6/20: Cast members in the power play

OC Register, Wed, 6/20: Lawmaker criticizes FERC's settlement talks

OC Register, Wed, 6/20: Energy notebook: Anti-tax advocate sues to block ca=
sh=20
for Davis consultants

OC Register, Wed, 6/20: Fair and cloudy
The energy crunch is casting a financial shadow over the state's midways th=
is=20
summer. Organizers are making emergency preparations to weather blackouts

OC Register, Wed, 6/20: US stocks open lower
More profit warning slam market
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -=
-=20
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -=
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Davis insists on energy refunds=20
By David Whitney
Bee Washington Bureau
(Published June 21, 2001)=20
WASHINGTON -- Gov. Gray Davis demanded Wednesday that power generators refu=
nd=20
California nearly $9 billion in electricity charges.=20
"It is unconscionable for the generators to profit from their egregious=20
overcharges," Davis told the Senate Governmental Affairs Committee.=20
Davis' testimony highlighted a change in political tactics in the state's=
=20
power crisis after a Monday order by the Federal Energy Regulatory Commissi=
on=20
expanding wholesale price relief for California and 10 other Western states=
.=20
And the governor got some support from two FERC members who said Wednesday=
=20
that they are prepared to order California's energy suppliers to make heavy=
=20
refunds because of overcharging.=20
But the two commissioners -- Pat Wood III and William Massey -- agreed with=
=20
their FERC colleagues that California officials and energy companies should=
=20
be given a chance to settle the multibillion-dollar refund dispute in the=
=20
next three weeks before the commission acts, the Washington Post reported.=
=20
During his testimony, Davis gave tepid praise to FERC, which he said "final=
ly=20
took a positive step" in imposing the limits. But he continued to press the=
=20
independent agency to recover what he said were overcharges.=20
"The FERC has been on a sit-down strike ... because we haven't received a=
=20
dime," Davis said.=20
The commission's action on price controls has been well-received, diminishi=
ng=20
appeals among West Coast Democratic governors and lawmakers and a handful o=
f=20
Republicans for congressionally mandated caps.=20
But the commission's order didn't quiet demands that generators be required=
=20
to pay back overcharges, and Davis led the charge Wednesday to exploit that=
=20
issue.=20
Davis said the California Independent System Operator, the Folsom-based=20
agency that manages the state's power grid, found the state was billed $8.9=
=20
billion more than the competitive market would have warranted for power=20
deliveries for the 13 months ending June 1.=20
Davis insisted that FERC move promptly to "order the energy companies to gi=
ve=20
back the money," and that Congress should help pressure the agency to do so=
.=20
"I do believe that FERC should get a clear signal on refunds from this=20
committee," Davis told the Democrat-controlled panel during a hearing into=
=20
whether FERC has responded properly to the crisis.=20
The energy commission has ordered reviews of about $124 million in potentia=
l=20
overcharges in the past several months. But that amount is dwarfed by the=
=20
$8.9 billion that Davis is now seeking in refunds.=20
While the commission is continuing to review possible overcharges, it has y=
et=20
to order a single dollar in refunds. The power generators deny they have=20
overcharged California, saying market conditions and the utilities' shaky=
=20
credit ratings warranted high prices.=20
Wood and Massey, who talked to the Post after their testimony Wednesday=20
before the committee, said they are ready to require generators and markete=
rs=20
to refund revenue that exceeded the price ceilings imposed by FERC on Monda=
y.=20
"We should have given (the California parties) guidance on refunds," Massey=
=20
told the Post. "A good place to start was to take (Monday's) order and appl=
y=20
it starting October 2000 and see what you get" in refunds.=20
Depending on the time period and whether private generators and municipal=
=20
utilities would be required to pay, the refunds could exceed $1 billion, so=
me=20
energy attorneys calculated Wednesday.=20
In its Monday order, the commission said it wanted all the parties to sit=
=20
down with an administrative law judge to see if they could work out a refun=
ds=20
settlement. The settlement conference begins Monday.=20
Commission Chairman Curt Hebert told the Senate panel at Wednesday's hearin=
g=20
that if no deal is reached after three weeks, the commission would seek=20
advice from the judge on how it might order a resolution.=20
"The commission stands ready to act expeditiously," Hebert pledged.=20
While Davis took the offensive at Wednesday's hearing, Republicans didn't=
=20
give him a free ride. The Republican National Committee passed out hand fan=
s=20
touted as "Gray Davis' solution for summer blackouts."=20
The fans were paid for by a small Sacramento Republican consulting firm, MB=
=20
Associates.=20
The questioning by the committee's chairman, Sen. Joe Lieberman of=20
Connecticut, and other Democrats was friendly. But Republicans tried to pai=
nt=20
Davis as the culprit in a crisis he could have solved a year ago.=20
"How did you let things get totally out of hand?" asked Sen. Fred Thompson =
of=20
Tennessee, the committee's senior Republican.=20
Davis said his administration began the push to build new generating plants=
=20
to meet the impending power shortage four months after he took office in=20
1999.=20
"I make no apologies for the aggressive actions we've taken," the governor=
=20
said.=20
Republican lawmakers warned that demanding refunds could actually add to=20
California's power woes if energy investors become spooked about sanctions=
=20
and take their business elsewhere -- resulting in a decreased electricity=
=20
supply.=20
Under pointed questioning from Thompson, Davis shot back.=20
"The people I represent are mad. They want us to fight back," Davis said.=
=20
"... Obviously, we want the state to be an attractive place for investment.=
=20
But we don't want companies walking all over our citizens."=20
Separately, the top Republican on the Senate's Energy and Natural Resources=
=20
Committee said it was unrealistic -- and perhaps unfair -- for Davis to=20
expect FERC to immediately order refunds.=20
"They're going to have to go back to court and prove these charges that,=20
indeed, there was manipulation in the marketing of power. And that's going =
to=20
be very difficult to do," said Sen. Frank Murkowski, R-Alaska.=20
Even if a refund deal is reached, it's uncertain how much of an effect it=
=20
might have. Of the $8.9 billion identified by the ISO, roughly two-thirds o=
f=20
that was incurred by California utilities that still owe generators billion=
s=20
of dollars for past power deliveries.=20
Hebert also noted that ratepayers in other Western states would have to be=
=20
included in refund considerations.=20
Meanwhile, Sens. Dianne Feinstein, D-Calif., and Gordon Smith, R-Ore., said=
=20
Wednesday that because of FERC's action, they were pulling back their bill,=
=20
at least for now, to require that wholesale prices in the West be set at th=
e=20
cost of production, plant by plant, plus a margin of profit.=20
However, House Democrats said that while they were happy the commission had=
=20
taken action, they still want a vote on a tougher price-cap proposal offere=
d=20
by Democratic Reps. Jay Inslee of Washington and Nancy Pelosi of San=20
Francisco.=20

The Bee's David Whitney can be reached at (202) 383-0004 or=20
dwhitney@mcclatchydc.com.=20
The New York Times contributed to this report.




Energy Digest: State moves to tax plants


(Published June 21, 2001)=20
In a move aimed at squeezing more tax revenue from large in-state power=20
generators, the state Board of Equalization on Wednesday edged closer to=20
stripping local governments of their authority to tax power plants.=20
State Controller Kathleen Connell, a member of the board, proposed that the=
=20
state take over the assessments.=20
The amount local governments may assess power plants is limited by=20
Proposition 13, but the state is able to place higher values on the=20
properties.=20
Supporters of the move say the state could collect $70 million to $100=20
million more than local governments.=20
But the board's staff, while acknowledging that the state could extract mor=
e=20
from power plants than local governments during the current energy crisis,=
=20
said it is unclear what would happen to the price of power and value of pow=
er=20
plants in the future.=20
Local governments, worried that the new assessment system could shortchange=
=20
their revenues, opposed the move. But the board, which voted unanimously to=
=20
give the plan tentative approval, said the Legislature intends to distribut=
e=20
the power plant money as though it were taxed locally.=20
Plants producing fewer than 50 megawatts and co-generation facilities would=
=20
be exempted from the rule change. The bill closely resembles AB 81 by=20
Assemblywoman Carole Migden, D-San Francisco, which has been approved by th=
e=20
Assembly and awaits Senate action.=20
--Bee Capitol Bureau





Davis demands nearly $9 billion for electricity overcharges=20



By H. Josef Hebert
ASSOCIATED PRESS=20
June 20, 2001=20
WASHINGTON =01) California Gov. Gray Davis demanded that power generators r=
efund=20
nearly $9 billion in electricity overcharges and complained that federal=20
regulators have "looked the other way while energy companies bilked our=20
state."=20
Davis told a Senate hearing Wednesday that the decision by the Federal Ener=
gy=20
Regulatory Commission to curtail price spikes in California and 10 other=20
Western states was a step forward. "But its actions do nothing about the=20
overcharges" over the past year, he said.=20
The governor, a Democrat, has been criticized by Republicans, who charge he=
=20
has allowed the California power crisis to get out of hand.=20








Customers might have to pay debt, advocate says=20
Continuing coverage: California's Power Crisis=20
?=20



Davis defended his actions, saying the state has stepped up approval for ne=
w=20
power plants and strengthened conservation programs. He also said the state=
=20
has little control over price gouging by out-of-state power generators.=20
"The governor once said he could solve California's problems in 15 minutes.=
=20
... But it appears that California has continued to try and hide the true=
=20
cost of power by having the state pay for it instead of the utilities,"=20
putting California taxpayers in jeopardy, said Sen. Frank Murkowski,=20
R-Alaska.=20
Murkowski said many of the alleged overcharges are by public power entities=
=20
not under FERC jurisdiction=20
Sen. Joe Lieberman, D-Conn., chairman of the Governmental Affairs Committee=
,=20
said the FERC, which regulates wholesale electricity sales, has been slow t=
o=20
respond and "surprisingly reluctant" to assure that electricity prices are=
=20
just and reasonable, as required by the 1934 Federal Power Act.=20
The agency's response to the Western power problem "raises serious question=
s=20
about whether (FERC) has or will oversee the newly deregulated energy=20
markets" not only in the West but across the rest of the country.=20
The federal agency, whose commissioners were to testify later in the day,=
=20
imposed limited, market-based price caps on Monday in California and 10 oth=
er=20
Western states from Washington to Arizona. The agency also ordered the=20
parties to attend a conference next week to try to work out agreements on=
=20
overcharges and other issues.=20
Months ago, the FERC singled out $124 million in alleged overcharges by pow=
er=20
generators. The power companies have since challenged the agency's findings=
=20
and the matter remains in dispute.=20
"To date not a single penny in refunds has been returned to California,"=20
complained Davis. He said that between May 2000 and the beginning of this=
=20
month power generators are believed to have overcharged California $8.9=20
billion.=20
"They must be required to give us back our money," said Davis. "It is=20
unconscionable that FERC looked the other way while energy companies bilked=
=20
our state for up to $9 billion."=20
The state spent $7 billion for electricity in 1999 and $27 billion in 2000=
=20
and is projected to pay nearly $50 billion this year, said Davis. "Power=20
generators have been able to exert extreme power over our energy market," h=
e=20
said.=20
Davis rejected Republican criticism that the state is not addressing the=20
problem. He said newly approved power plants will provide 20,000 additional=
=20
megawatts of electricity by 2003, including 4,000 megawatts by the end of=
=20
this summer. "Everything that can be done to bring reliable, affordable=20
energy to California is being done ... except wholesale price relief," he=
=20
said.=20
"This administration has minimized this crisis (for) more months," said Sen=
.=20
Patty Murray, D-Wash., alluding to President Bush's repeated refusal to urg=
e=20
the FERC to mitigate electricity prices. Bush has strongly opposed price=20
controls, although he indicated support for FERC's limited price mitigation=
=20
effort this week.=20
Murray said the government should issue a disaster declaration so that=20
businesses can get low-income loans, and require that FERC press its=20
investigation into price gouging and demand refunds not only in California=
=20
but in the Pacific Northwest, where electricity prices have also skyrockete=
d.=20
Republicans continued their opposition to more stringent price caps based o=
n=20
the cost of generation at individual power plants.=20
"Having a federal agency try to determine what is a just and reasonable pri=
ce=20
is laughable," said Sen. Fred Thompson of Tennessee, the committee's rankin=
g=20
Republican. Hard price caps "don't work when supply is the problem. ... The=
y=20
make a bad situation worse," he said.=20
After FERC issued its limited price control order this week, Senate Democra=
ts=20
on Tuesday said they would drop legislation to require more stringent=20
cost-based price caps on Western electricity sales.=20
Democrats in the House, however, said they would continue to pursue a bill=
=20
requiring the FERC to take more aggressive action.=20




Davis spars with GOP senators over electricity rates=20



By Finlay Lewis and Joe Cantlupe
COPLEY NEWS SERVICE=20
June 20, 2001=20
WASHINGTON =01) California Gov. Gray Davis sparred with Senate Republicans=
=20
Wednesday as he blamed federal regulators for averting their gaze from an=
=20
alleged $9 billion scheme to bilk the state's electricity consumers.=20
Testifying in front of the Senate's Government Affairs Committee, Davis=20
demanded that the Federal Energy Regulatory Commission (FERC) order power=
=20
companies to refund the overcharges. But the governor also found himself=20
obliged to ward off GOP claims that Davis' own policies triggered the state=
's=20
energy crisis.=20
The partisan give-and-take reflected the mounting political stakes involved=
=20
in California's plight. With both parties preparing for next year's=20
congressional elections, the subtext of Davis' testimony appeared to involv=
e=20
a recognition that the state's energy problems could affect the outcome of=
=20
several California races.=20
"How did you let things get so totally out of hand?" asked Sen. Fred Thomps=
on=20
of Tennessee, the committee's ranking Republican, as he greeted Davis who=
=20
made a long-awaited appearance here after weeks of transcontinental sniping=
=20
over assigning responsibility for the state's energy woes.=20
Thompson's question could have been lifted from the script of a $1.5 millio=
n=20
GOP advertising campaign launched earlier this week in California that=20
attempts to put the governor on the spot for the energy crisis.=20
Davis' rebuttal involved a long recitation of his moves to bring more power=
=20
on line in the state and to encourage greater conservation.=20
"We've been working on this for a very long time, and to suggest otherwise=
=20
would be inaccurate," he told Thompson.=20
Saying that he is determined to hold "FERC's feet to the fire" on the refun=
d=20
issue, Davis complained to the committee, "It is unconscionable that the=20
commission looked the other way while energy companies bilked our state for=
=20
up to $9 billion."=20
Recent public opinion polls show that Davis has lost substantial ground wit=
h=20
California voters since the electricity crisis hit, but Wednesday's round o=
f=20
activities here found him on the offensive.=20
"Obviously, this is the equivalent of a political nuclear weapon for him,"=
=20
observed Norm Ornstein, a congressional affairs expert at the American=20
Enterprise Institute.=20
Several hours after Davis completed his testimony, the five FERC=20
commissioners appeared before the committee, but they largely ignored the=
=20
governor's accusations.=20
On Monday, FERC issued an order restricting energy prices in California and=
=20
much of the West for the next 15 months and setting up a procedure for=20
reviewing refund claims.=20
"The commission is not ducking these issues," said FERC Chairman Curtis L.=
=20
Hebert.=20
However, there remains a substantial gap between Davis' calculation of=20
electricity overcharges in California and the $124.5 million in refunds=20
assessed so far by FERC.=20
The struggle over refunds will enter a new phase on Monday when the review=
=20
procedure outlined by FERC will begin before FERC's chief administrative la=
w=20
judge, Curtis L. Wagner Jr. Pairing off against the power companies will be=
=20
senior officials of the Independent System Operator, which runs the state's=
=20
power grid.=20
Davis told reporters that it was the ISO that produced the $9 billion=20
estimate of California's electricity overcharge.=20
"To date, not a single penny has been returned to Californians," Davis told=
=20
the committee. "It is unconscionable that the generators be allowed to keep=
=20
these egregious overcharges."=20
California Attorney General Bill Lockyer is reviewing possible price gougin=
g,=20
and Davis said later he would anticipate "some strong action coming out of=
=20
his office before the end of the summer."=20
Davis expects to meet on Monday in Sacramento with Bush's two new FERC GOP=
=20
appointees, Pat Wood III and Nora Brownell, about "natural gas discrepancie=
s"=20
in California.=20
"California was paying two to three times more in natural gas, and the=20
president agreed with me this is something that could be fixed," Davis told=
a=20
press conference after meeting with the California congressional delegation=
.=20
Reps. Duncan Hunter, R-El Cajon, and Darrell Issa, R-Vista, were among the=
=20
Republicans who met with Davis.=20
"It was a good meeting with the governor," Hunter said, adding that FERC "h=
as=20
taken steps to lock down prices, and the results speak for themselves. I=20
think we are all working together, and it's a good sense of common ground."=
=20
That was not the mood in the committee hearing, however.=20
Sparring with Davis, Thompson argued that there had been ample advance=20
warnings of the crisis, including a 1998 report foreseeing an imminent ener=
gy=20
shortage and the fact that the state was undergoing a rapid period of=20
economic growth spurred by the energy-intensive high-tech industry.=20
"Did you see those developments?" Thompson asked. "Did they cause you=20
concern?"=20
Davis sought to shift the focus back to his predecessor, Gov. Pete Wilson,=
=20
and the State Legislature that designed an energy deregulation plan now=20
widely recognized as having been seriously flawed.=20
However, he said those problems did not become apparent until last year.=20
Thompson also criticized Davis' recent rhetoric castigating the power=20
companies for price gouging and suggested that the tactic could backfire by=
=20
dissuading the energy sector from making needed investments in the state's=
=20
power infrastructure.=20
"The people I represent are mad," replied Davis. "They want us to fight bac=
k=20
and that's what I'm doing."=20
He said he is determined that the state cease serving as "a cash cow to a l=
ot=20
of energy companies."=20





Poway not proceeding on power plant proposal=20



Council worried about financial burden
By Brian E. Clark=20
UNION-TRIBUNE STAFF WRITER=20
June 21, 2001=20
POWAY -- Citing financial risks, the City Council has pulled the plug on a=
=20
proposed $40 million power plant in the South Poway Business Park.=20
Though there was no formal vote, Mayor Mickey Cafagna told City Manager Jim=
=20
Bowersox -- who was lukewarm at best to the proposed plant -- that his staf=
f=20
should not spend any more time or money on the project.=20
So-called "peaker" plants are small, less-efficient plants that can produce=
=20
up to 50 megawatts of electricity. Usually they run only several hours a da=
y,=20
when demand is greatest.=20
At the council meeting Tuesday night, Cafagna said he saw little reason to=
=20
invest in the plant, especially since there are no guarantees that Poway=20
could claim any of the power it produced.=20
Instead, he said the city should monitor a plan put forth by Rep. Duncan=20
Hunter, R-El Cajon, that would coordinate the use of diesel generators owne=
d=20
by large businesses to help avoid the blackouts that are expected to plague=
=20
the state this summer.=20
If the council had chosen to proceed with the peaker-plant proposal -- an=
=20
idea it first explored in March -- it would have had to pay San Diego Gas &=
=20
Electric Co. up to $30,000 to go through the application process. An=20
additional $70,000 would have been authorized for a consultant.=20
Those two figures made City Council members blanch.=20
"I'm not willing to commit any of the public's money on this," said=20
Councilwoman Betty Rexford. "I think it would be better for the city to be=
=20
handing out energy-efficient light bulbs to save energy."=20




Campaign helps seniors bear summer=20



Program to use stickers identifying 'cool zones'
By Anne Krueger=20
UNION-TRIBUNE STAFF WRITER=20
June 21, 2001=20
During a heat wave or rolling blackout this summer, look to the polar bear=
=20
for relief.=20
The bear is on a decal that will be placed at the entrances of about 60=20
buildings around San Diego County that have been designated as "cool zones.=
"=20
The program kicks off today, the first day of summer.=20
The cool zones were the idea of Supervisor Dianne Jacob. She was looking fo=
r=20
a way to offer relief to seniors and the disabled who are particularly=20
vulnerable to heat exhaustion and dehydration.=20
Jacob said she was concerned that many seniors might not use their air=20
conditioners this summer because of high electric bills. Or they would have=
=20
to suffer through a power outage during a rolling blackout.=20
She said she wants to avoid a disaster like the one in Chicago in 1995. Mor=
e=20
than 500 residents, most of them elderly, died when the power went out duri=
ng=20
a heat wave.=20
The buildings identified as cool zones include senior centers, libraries,=
=20
enclosed shopping malls, and even courthouses. Some of the cool zones, such=
=20
as senior centers or libraries, may have planned programs, but other=20
buildings will simply provide a place to get out of the heat.=20
"If people want to read on their own or knit or chat, at least there will b=
e=20
places for them to cool off," said Denise Nelesen, spokeswoman for the coun=
ty=20
Office of Aging and Independence Services, which is coordinating the progra=
m.=20
Many of the buildings designated as cool zones are popular spots already. A=
t=20
Parkway Plaza in El Cajon, 79-year-old William Richards of North Park sat o=
n=20
a bench sipping a soda. He said that although he lives closer to Fashion=20
Valley, an outdoor mall in Mission Valley, he prefers Parkway Plaza, in par=
t,=20
because it's enclosed.=20
"It's more comfortable," Richards said. "It's just a nice place to walk=20
around."=20
The Lemon Grove Senior Center is getting a polar bear sticker, too. Even=20
without the air-conditioning turned on. Officials there are prudently waiti=
ng=20
for the heat to hit before flipping the switch.=20
A group of women played mah-jongg there Tuesday as a breeze came through th=
e=20
open door. "We'll be glad to share our space, if it's cool," said Eve Butle=
r.=20
Jacob said providing transportation to cool zones is still a problem that=
=20
hasn't been worked out. She said money may be available through the state=
=20
Public Utilities Commission.=20
Nelesen said the county also is helping shut-in seniors through its Project=
=20
Care program, in which the seniors receive a regular phone call to check on=
=20
their welfare. Mail carriers and utility workers are being trained to look=
=20
for signs that a senior may require assistance, Nelesen said.=20




Business leaders unite to back new SDG&E line=20



Coalition to lobby for transmission plan
By Jeff McDonald=20
UNION-TRIBUNE STAFF WRITER=20
June 21, 2001=20
A group of San Diego business leaders have formed a coalition to promote a=
=20
major improvement to the San Diego Gas & Electric transmission grid.=20
The utility is seeking approval for a 500,000-volt transmission line that=
=20
would run from southwest Riverside County to north San Diego County. SDG&E=
=20
hopes to have the so-called Valley Rainbow Interconnect in place by 2004.=
=20
San Diego business executives plan to lobby state energy regulators to=20
approve the 30-mile set of looming poles and high-voltage wires in order to=
=20
boost capacity along the SDG&E transmission network.=20
"The Valley Rainbow Interconnect will ensure a reliable delivery of power f=
or=20
San Diegans for years to come," said Jessie Knight Jr. of the San Diego=20
Regional Chamber of Commerce.=20
The collection of business leaders includes chamber officials as well as=20
executives of the San Diego-Imperial Counties Labor Council and the San Die=
go=20
Economic Development Corp.=20
Calling themselves the San Diego County Valley Rainbow Alliance, members pl=
an=20
to testify at California Public Utilities Commission meetings on behalf of=
=20
the project.=20
Three community hearings have been scheduled by the CPUC to solicit input o=
n=20
the proposal from residents of San Diego and Riverside counties. They were=
=20
scheduled in Pauma Valley and the Riverside County communities of Wincheste=
r=20
and Temecula.=20
No organized opposition to the network has surfaced in San Diego County.=20
But a group of Temecula Valley area residents have spent months fighting th=
e=20
project. Among other things, they worry about the effect that the=20
long-planned series of 190-foot poles might have on their property values.=
=20
The CPUC held a hearing last night at the Pauma Valley Community Center.=20
Another hearing on the application will be held at 6:30 tonight at the=20
Temecula Community Recreation Center.=20
For more information, check the CPUC Web site at www.cpuc.ca.gov.=20





Governor adamant on refund at hearing=20



Davis, on Capitol Hill visit, deflects blame for shortages
Finlay Lewis and Joe Cantlupe=20
COPLEY NEWS SERVICE=20
June 21, 2001=20
WASHINGTON -- Gov. Gray Davis sparred with Senate Republicans yesterday as =
he=20
blamed federal regulators for ignoring what he said was a $9 billion scheme=
=20
by power companies to bilk Californians.=20
Testifying before the Senate's Government Affairs Committee, Davis demanded=
=20
that the Federal Energy Regulatory Commission order power companies to refu=
nd=20
the overcharges.=20
But the governor was forced to respond to Republican claims that his polici=
es=20
turned a solveable problem into a full-blown energy crisis.=20
The partisan give-and-take reflected the mounting political stakes involved=
=20
in California's plight. The subtext of Davis' testimony involved a=20
recognition that the state's energy problems could affect the outcome of=20
several California House races next year, as well as the governor's own=20
re-election.=20
"How did you let things get so totally out of hand?" Sen. Fred Thompson of=
=20
Tennessee, the committee's ranking Republican, asked Davis.=20
Thompson's question could have been lifted from the script of a $1.5 millio=
n=20
GOP advertising campaign launched earlier this week in California that=20
attempts to put the governor on the spot for the energy crisis. The campaig=
n=20
follows weeks of criticism by Davis of federal regulators and of President=
=20
Bush for failing to address the energy problem.=20
Davis' rebuttal involved a long recitation of his moves to bring more power=
=20
on line in the state and to encourage greater conservation.=20
"We've been working on this for a very long time, and to suggest otherwise=
=20
would be inaccurate," he told Thompson.=20
The Democratic governor said he is determined to hold "FERC's feet to the=
=20
fire" on the refund issue.=20
"It is unconscionable that the commission looked the other way while energy=
=20
companies bilked our state for up to $9 billion," he said.=20
Davis' grievances received more attention here than they might have just=20
weeks ago, before Democrats took control of the Senate and its committees=
=20
after Sen. Jim Jeffords of Vermont bolted the Republican Party to become an=
=20
independent. A sympathetic committee chairman, Democratic Sen. Joe Lieberma=
n=20
of Connecticut, made Davis the star witness of yesterday's hearing.=20
Recent public opinion polls show that Davis has lost substantial ground wit=
h=20
California voters since the electricity crisis hit, but Republicans have=20
acknowledged that Davis and Democrats in recent weeks have gained the upper=
=20
hand over the Bush administration in the energy debate.=20
Despite some GOP criticism yesterday, Davis was clearly on the offensive.=
=20
"Obviously, this is the equivalent of a political nuclear weapon for him,"=
=20
observed Norm Ornstein, a congressional affairs expert at the American=20
Enterprise Institute.=20
Several hours after Davis completed his testimony, the five FERC=20
commissioners appeared before the committee, but they largely ignored the=
=20
governor's accusations.=20
On Monday, FERC issued an order to control energy prices in California and=
=20
much of the West for the next 15 months and to set up a procedure for=20
reviewing refund claims.=20
"The commission is not ducking these issues," said FERC Chairman Curtis=20
Hebert.=20
However, there remains a substantial gap between Davis' calculation of=20
electricity overcharges in California and the $124.5 million in refunds=20
assessed so far by FERC, which have been contested by power generators.=20
The struggle over refunds enters a new phase Monday when the review procedu=
re=20
outlined by FERC will begin before the commission's chief administrative la=
w=20
judge, Curtis Wagner Jr. Facing off against the power companies will be=20
senior officials of the Independent System Operator, which runs the=20
California power grid.=20
Davis told reporters that it was the ISO that produced the $9 billion=20
estimate of California's electricity overcharge.=20
"To date, not a single penny has been returned to Californians," Davis told=
=20
the committee. "It is unconscionable that the generators be allowed to keep=
=20
these egregious overcharges."=20
Sen. Barbara Boxer, D-Calif., yesterday introduced legislation to provide f=
or=20
refunds.=20
The power companies, although acknowledging huge profits, have denied=20
allegations of price gouging or market manipulation.=20
"There has been no evidence to suggest that suppliers bilked anyone," Mark=
=20
Stultz, a vice president of the Electric Power Supply Association, told the=
=20
Associated Press.=20
California Attorney General Bill Lockyer is reviewing possible price gougin=
g,=20
and Davis said after the hearing he anticipated "some strong action" from=
=20
Lockyer in the next few months.=20
Davis said he plans to meet on Monday in Sacramento with Bush's two new FER=
C=20
appointees, Pat Wood III and Nora Brownell, about "natural gas discrepancie=
s"=20
in California. Davis said California has been paying up to three times more=
=20
for natural gas than elsewhere in the country.=20
"The president agreed with me this is something that could be fixed," Davis=
=20
told a reporters after meeting with the California congressional delegation=
.=20
Reps. Duncan Hunter of El Cajon and Darrell Issa of Vista were among the=20
Republicans who met with Davis.=20
"It was a good meeting with the governor," Hunter said, adding that FERC "h=
as=20
taken steps to lock down prices, and the results speak for themselves. I=20
think we are all working together, and it's a good sense of common ground."=
=20
That was not the mood in the committee hearing, however.=20
Sparring with Davis, Thompson argued that there had been ample advance=20
warnings of the crisis. He noted a 1998 report forecasting an imminent ener=
gy=20
shortage and the fact that the state was undergoing a rapid period of=20
economic growth spurred by the energy-intensive high-tech industry.=20
"Did you see those developments?" Thompson asked. "Did they cause you=20
concern?"=20
Davis sought to shift the focus back to his predecessor, Republican Gov. Pe=
te=20
Wilson, and the state Legislature, which approved an energy deregulation pl=
an=20
now widely recognized as seriously flawed.=20
However, he said those problems did not become apparent until last year.=20
Thompson also criticized Davis' recent rhetoric castigating the power=20
companies for price-gouging and suggested that the tactic could backfire by=
=20
dissuading the energy sector from making needed investments in the state's=
=20
power infrastructure.=20
"The people I represent are mad," replied Davis. "They want us to fight bac=
k=20
and that's what I'm doing."=20
He said he is determined that the state cease serving as "a cash cow to a l=
ot=20
of energy companies."=20
?=20




Little-known transmission company has billion-dollar backers=20



By Jennifer Coleman
ASSOCIATED PRESS=20
June 20, 2001=20
SACRAMENTO =01) Through an alliance with a little-known start-up company,=
=20
General Electric Co. is trying to enter California's transmission lines=20
business.=20
Although Trans-Elect, a two-year-old company based in Washington, has no=20
experience in the transmission business, it has the financial support of GE=
's=20
$66 billion financial arm, GE Capital. Trans-Elect's latest offer comes as=
=20
Gov. Gray Davis seeks legislative approval for his plan to buy the=20
transmission lines of both San Diego Gas & Electric and Southern California=
=20
Edison.=20
Any involvement by GE in the state's transmission grid could be a conflict =
of=20
interest, said a key lawmaker involved in the efforts to end California's=
=20
yearlong power crisis.=20
"You've got someone with generation and transmission systems, how do they=
=20
keep them separate and do they?" said Assemblyman Fred Keeley, D-Boulder=20
Creek. "That's a concern for me. Would they have the ability to restrict=20
competitors' access to transmissions?"=20
Trans-Elect first made overtures to buy the transmission lines in February,=
=20
offering more than $5 billion for those owned by SDG&E, Edison and Pacific=
=20
Gas and Electric.=20
Although Davis has reached a deal with Edison to buy their lines for $2.76=
=20
billion and a $1 billion pact with SDG&E, Trans-Elect has said it will offe=
r=20
Edison $1.8 billion and SDG&E $700 million.=20
Bob Mitchell, Trans-Elect's vice president, said the company made its offer=
=20
believing that the Legislature won't approve the deals to buy the two=20
utilities' lines.=20
GE joined forces with Trans-Elect March 14, when GE Capital Services=20
Structured Finances Group Inc. announced it had bought a minority stake in=
=20
the company. Neither company would reveal the size of the investment.=20
But a GE statement said its investment enables "GE Capital Global Energy to=
=20
co-invest with Trans-Elect as it acquires transmission assets throughout th=
e=20
U.S."=20
Now, however, both GE and Trans-Elect are trying to downplay their=20
relationship.=20
Ken Koprowski, a GE spokesman, said the company made "a small financial=20
investment and we're not involved in the management of the company." He add=
ed=20
that the company invests in many other energy projects, including power=20
plants.=20
"There's no connection with what we're doing in California and GE," Mitchel=
l=20
said.=20
What Koprowski and Mitchell call a low-profile arrangement has generated=20
lobbying activity. Several lawmakers said they had met with Mitchell about=
=20
Trans-Elect's offer.=20
GE Capital hired lobbyist Phillip Schott a week after investing in=20
Trans-Elect. Schott referred calls to GE's lobbyist, Kahl/Pownall Advocates=
,=20
one of California's biggest political lobbying firms. Fred Pownall,=20
Kahl/Pownall's head, referred all questions on the bill to GE Capital=20
headquarters.=20
In California, many hurdles remain for Trans-Elect. First, the Legislature=
=20
would have to kill the deals with SDG&E and Edison. Then the companies woul=
d=20
have to turn to Trans-Elect to buy their lines.=20
So far, utility leaders are skeptical. Edison CEO John Bryson rejected the=
=20
Trans-Elect offer Tuesday, calling it a "phony" bid by an unknown company.=
=20
"We don't know this company. I suppose nobody does," Bryson said at a town=
=20
hall meeting in Los Angeles. The reason the transmission lines are in the=
=20
deal "is that we consider it our responsibility to try to stay serving our=
=20
customers as a healthy utility."=20
Other than the governor's offer, the transmission system isn't for sale,=20
Bryson said.=20
Trans-Elect remains interested in investing in California, but has postpone=
d=20
sending a letter offering $1.8 billion for Edison's lines, Mitchell said.=
=20
"I think it's potentially an attractive deal, when we can create the right=
=20
climate for it," Mitchell said. "From the perspective of the people of=20
California, it's one less financial obligation they have to take on."=20
The Memorandum of Understanding between Edison and the governor needs=20
legislative approval by August, and many lawmakers have balked at the plan.=
=20
Keeley said he isn't convinced that selling the assets to a private company=
=20
is the best long-term solution for the state.=20
"I'm not prepared at this stage to believe that we should sell something as=
=20
significant as the transmission system to an entity that is not regulated b=
y=20
the state and where our ability to have anything to say about the=20
transmission system is in the Federal Energy Regulatory Commission's venue,=
"=20
he said.=20
Should the Davis plan fail, Mitchell says his offer would remain.=20
"It appears to me and many other people that the Legislature is not going t=
o=20
allow the people of California to pay an excessively high price," he said.=
=20
The $1.8 billion offer is "a very strong price."=20
Mitchell said he doesn't blame the utilities for rejecting his initial=20
offers, since the governor has promised more. But he stressed that the=20
company has a future in the industry, and plans to go public eventually.=20
Formed in 1998, Trans-Elect is trying to be the country's first national=20
transmission company. As utilities deregulate, they are allowed to sell=20
assets, including the transmission lines.=20
The American Transmission Company, a private transmission company based in=
=20
Wisconsin, has a similar mission as Trans-Elect, but not the level of=20
financial backing, said ATC spokeswoman Maripat Blankenheim.=20
"They're out there out with a really big check book," she said.=20




Davis Asks for Energy Refund Help=20
Power: Governor urges U.S. Senate action to get "back the money that was=20
wrongly taken from us."=20

By RICHARD SIMON, Times Staff Writer=20

?????WASHINGTON--California Gov. Gray Davis, seeking to shift the focus of=
=20
the energy debate, urged Congress on Wednesday to turn up the political hea=
t=20
on federal regulators to help California recover $9 billion in estimated=20
overcharges by power generators.
?????Davis told a Senate panel that the order issued Monday by the Federal=
=20
Energy Regulatory Commission to limit Western electricity prices was "a ste=
p=20
in the right direction." But more aggressive action is needed, he said, to=
=20
"give us back the money that was wrongly taken from us."




Gov. Gray Davis wipes his brow outside the Capitol after discussing his=20
remarks to the Senate Governmental Affairs Committee.
AFP

?????Davis' remarks to the Senate Governmental Affairs Committee suggest th=
at=20
the political warfare between Sacramento and Washington did not end with=20
FERC's decision to police wholesale electricity prices more aggressively.
?????By demanding federal intervention to recover money already paid to pow=
er=20
generators, Davis continued to insist that the Bush administration and=20
federal regulators must share responsibility for solving the state's energy=
=20
problems.
?????"Yes, they have provided some relief," Davis said of FERC's price=20
mitigation mandate. "But that's only half the job. The other half of the jo=
b=20
is give us back the money that was wrongly taken from us."=20
?????On his first trip to Capitol Hill since Democrats took control of the=
=20
Senate, Davis appeared before a Governmental Affairs Committee that display=
ed=20
more sympathy toward his administration than it did when Republicans ruled =
it.
?????One committee member, fellow Democrat Robert Torricelli of New Jersey,=
=20
bluntly warned FERC: "We are watching how the people of California are=20
treated, and we are watching very, very closely."
?????Davis noted that federal regulators have already determined that=20
wholesale power rates charged to California were "unjust and unreasonable."=
=20
Even so, he said, "not a single penny in refunds has been returned to=20
California."

?????Governor Calls Rates 'Egregious'
?????"It's unconscionable if generators are allowed to keep these egregious=
=20
overcharges," Davis said, imploring the committee to "hold FERC's feet to t=
he=20
fire."
?????California's electricity grid operator has calculated that the state=
=20
paid about $9 billion more than a competitive market would warrant for=20
electricity from May 2000 to May 2001. So far, FERC has only identified abo=
ut=20
$124 million in possible overcharges, which were confined to January and=20
February.
?????To some extent, FERC has already agreed to play a bigger role in seeki=
ng=20
refunds, although not necessarily the full $9 billion that Davis is seeking=
.=20
?????Next week, representatives of the state, electric utilities and power=
=20
generating companies are scheduled to begin talks in Washington on possible=
=20
refunds.=20




California Gov. Gray Davis testifies before a Senate committee. He implored=
=20
its members to "hold FERC's feet to the fire." AFP

?????The settlement conference, which begins Monday, is scheduled to run fo=
r=20
15 consecutive days, including weekends, which is unusual for a regulatory=
=20
proceeding.
?????Presiding over the conference will be Chief Administrative Law Judge=
=20
Curtis L. Wagner Jr., who admonished participants Wednesday to make sure th=
at=20
they send representatives who have authority to approve any agreements=20
reached during the negotiations. Wagner can extend the conference if=20
necessary.
?????The purpose of the conference is to settle past accounts and structure=
=20
"new arrangements for California's energy future," Wagner said in a=20
scheduling order. To reach those goals, the parties must agree on how much =
of=20
the electricity load will be shifted away from the volatile spot market for=
=20
immediate delivery into stable, long-term contracts, refunds and=20
"credit-worthiness matters," the order said.
?????Edison General Counsel Stephen E. Pickett said the utility is pleased=
=20
that regulators set up the meeting with power generators to discuss refunds=
=20
to the utilities dating back to Oct. 2.
?????"Certainly, it is a positive step toward resolving many of these=20
issues," Pickett said in a conference call Tuesday with creditors.
?????San Diego Gas & Electric expressed similar muted optimism.
?????"SDG&E has been a supporter of customer refunds, and we're encouraged=
=20
that the FERC is working toward a settlement," SDG&E spokesman Art Larson=
=20
said.
?????But Reliant Energy spokeswoman Pat Hammond expressed skepticism about=
=20
the $9-billion overcharge figure cited by Davis. "That number sounds like t=
he=20
price of all the power they've bought in the last year in California, and w=
e=20
obviously don't feel that is owed" by Reliant and other power producers.
?????Donato Eassey, a Houston-based energy analyst for Merrill Lynch, said =
he=20
expects the FERC-mediated conference to produce a compromise in which all=
=20
parties--generators, utilities and consumers--get "a haircut." But that=20
outcome, he suggested, might beat the alternatives.
?????"You've got to put this problem behind you," he said, "because if you=
=20
don't, you'll have a problem of biblical proportions."

?????FERC Members Also Before Senate Panel
?????Adding to the pressure for refunds, Sen. Barbara Boxer (D-Calif.)=20
introduced a bill Wednesday that would require FERC to order rebates if=20
federal regulators determine that prices charged were "unjust and=20
unreasonable."
?????The five members of FERC's governing board also appeared Wednesday=20
before the Senate panel but were scheduled later in the day to avoid a publ=
ic=20
confrontation with Davis.
?????The governor met privately Wednesday with two new board members,=20
including Patrick H. Wood III, a Bush ally from Texas who, according to=20
Davis, has indicated a "more aggressive approach to refunds might be in=20
order."
?????Still, there was no shortage of partisanship at the committee hearing.
?????Republican aides passed out hand-held fans bearing the inscription:=20
"Gray Davis' solution for summer blackouts." Davis handed out a slick=20
177-page book detailing steps his administration has taken to ease the powe=
r=20
crunch. The Bush administration issued a Department of Energy study asserti=
ng=20
that California would face twice as many rolling blackouts if hard price ca=
ps=20
were imposed on wholesale electricity.
?????Davis did not escape a scolding from Republican senators for his=20
criticism of the Bush administration's refusal to impose firm price control=
s.
?????Sen. Fred Thompson (R-Tenn.) pointedly asked Davis "how he let things=
=20
get totally out of hand" and excoriated the governor for assigning blame fo=
r=20
the state's problems to the Bush administration, federal regulators, former=
=20
Gov. Pete Wilson and various "corporate pirates." He also faulted Davis for=
=20
not acting sooner to pass on higher wholesale costs to consumers.
?????"If I passed on a 700% increase to the citizens of California, there=
=20
would be an outrage the likes of which you have never seen," Davis responde=
d.
?????Republican senators also challenged Davis on how he hopes to stimulate=
=20
more power plant construction in California if state officials continue to=
=20
attack generating companies. They noted that the state attorney general eve=
n=20
suggested that the chairman of one power company deserved to be locked in a=
=20
cell with an amorous inmate named Spike.
?????"This is a rough business," Davis responded. "The people I represent a=
re=20
mad."=20
?????He also told his Republican critics: "If you were in my shoes and faci=
ng=20
the extraordinary price increases, you would feel as I do. Our first=20
obligation is to fight back."=20
?????Davis urged the committee to keep pressure on FERC to rein in natural=
=20
gas prices, which until recently have been as much as eight times higher th=
an=20
the national average.
?????FERC Chairman Curtis L. Hebert Jr. assured the committee that his agen=
cy=20
is aggressively pursuing remedies to California's energy price spikes and=
=20
supply shortages. "We have been engaged," he said, citing more than 60 orde=
rs=20
issued by the agency to address the power crisis.
?????Commissioner William L. Massey, a Democrat who has urged stronger=20
federal intervention in the electricity markets, said he regrets the=20
commission did not act sooner.
?????"Businesses have closed down, putting thousands out of work and hurtin=
g=20
the Western economy, and all because of a broken electricity market," he=20
said. "By acting 10 months ago, we could have prevented much of the economi=
c=20
carnage."
?????Despite the tensions, Davis elicited some sympathy from even his=20
Republican critics.=20
?????"I wouldn't wish your problems on my worst enemy," Thompson told Davis=
.=20
---=20
?????Times staff writers Nancy Rivera Brooks in Los Angeles and Thomas S.=
=20
Mulligan in New York contributed to this story.




House Approves Utility Aid for Needy=20
Congress: Bill would add $300 million to program that helps families pay=20
their bills. Strict price caps are blocked.=20

By JANET HOOK, Times Staff Writer=20

?????WASHINGTON--In its first direct legislative response to the nation's=
=20
burgeoning energy crisis, the House on Wednesday approved legislation that=
=20
would provide an additional $300 million to help low-income families pay=20
their power bills.
?????The bill amounts to a midyear increase of 21% for the $1.4-billion=20
energy assistance program--twice as much as President Bush had proposed=20
adding to help the poor cope with increases in utility bills.
?????Before final action on the bill, House Republican leaders blocked=20
Democratic efforts to force votes on a broader response to the energy crisi=
s=20
in the West: strict energy price caps that reach beyond the restraints=20
imposed Monday by federal regulators.
?????Republicans argued that price caps would not solve California's energy=
=20
problem, while Democrats accused the GOP of being cavalier about the crisis=
=20
faced by consumers.
?????"This says to the people of the West, 'Your emergency doesn't count to=
=20
us,' " said Rep. Nancy Pelosi (D-San Francisco).
?????But such assertions were countered by House Majority Whip Tom DeLay=20
(R-Texas), who said: "Members should reject the siren song of price caps an=
d=20
remember this: Government price controls will mean more blackouts."
?????The issue erupted during debate on a $6.5-billion midyear appropriatio=
n=20
bill to cover unanticipated costs and emergency expenditures, including $5.=
5=20
billion for the Defense Department and $116 million to help the Internal=20
Revenue Service pay the cost of sending out rebate checks authorized by the=
=20
recently enacted tax cut law.
?????The measure passed, 341 to 87.
?????In an earlier vote, Bush barely escaped an embarrassing slap when=20
Democrats moved to cut the proposed IRS increase by $29 million--the cost o=
f=20
a letter the agency is sending to tell taxpayer of their impending tax reba=
te.
?????Democrats complained that the letter, which prominently mentions Bush,=
=20
reads like a piece of campaign literature. Republicans said it was needed t=
o=20
save people from calling the IRS about their checks. The amendment failed,=
=20
216 to 212.
?????The bill now goes to the Senate, where Democrats are considering an ev=
en=20
bigger increase in energy aid for the poor.
?????Overall, the House bill would provide the $6.5 billion requested by=20
Bush. But it would change some spending priorities. For instance, Bush's=20
Office of Management and Budget objects strongly to provisions that would=
=20
rescind $389 million in money appropriated for the Federal Emergency=20
Management Agency--just as the disaster relief agency is facing big outlays=
=20
to cope with damage caused by Tropical Storm Allison.
?????That provision to rescind the money came under attack from Democrats a=
nd=20
Republicans, posing the debate's most serious challenge to the bill. But an=
=20
effort to send the bill back to the Appropriations Committee and restore th=
e=20
money was defeated on a party line vote of 218 to 209.
?????The energy aid for the poor is provided through the Low-Income Home=20
Energy Assistance Program, which helps the poor and elderly pay heating and=
=20
air-conditioning bills. In California, a family of four must earn less than=
=20
$33,125 to be eligible, and the average benefit is $326 a year.
?????Although Republicans and Democrats have been divided over broad=20
questions of energy policy, there has been a bipartisan consensus on more=
=20
help for needy consumers. So, despite pressure to hold down the cost of the=
=20
supplemental spending bill, House Republicans doubled Bush's request for $1=
50=20
billion in additional energy aid. GOP leaders blocked, on procedural=20
technicalities, Democratic amendments to increase the funding even more.
?????Republican leaders also fought efforts by Democrats to turn debate on=
=20
the spending bill into Congress' first broad-gauged discussion on the=20
nation's energy crisis. Democrats wanted to offer major energy amendments,=
=20
including one to impose strict cost-based price caps on wholesale electrici=
ty=20
in California--stricter price restraints than the policy announced Monday b=
y=20
the Federal Energy Regulatory Commission.
?????Proponents of the stricter caps, echoing complaints by California Gov.=
=20
Gray Davis and others, said FERC's order did not go far enough to guarantee=
=20
relief for consumers against blackouts, shortages and price gouging.
?????Republicans argued that price caps would be counterproductive and that=
=20
California's problems will be solved only by increasing the energy supply.
?????Democrats lost a 222-205 procedural vote that blocked their amendments=
=20
from coming to a vote.It was an important victory for Republican leaders wh=
o=20
had feared mounting support for price caps even within their own party.=20
However, momentum flagged this week after the FERC decision.
?????The House bill also includes:
?????* $45 million for a Defense Department plan to make military bases in=
=20
California self-sufficient and get them off the state's power grid during=
=20
shortages.
?????* $1.5 million for planning and environmental studies for a proposed=
=20
upgrade in an electrical transmission line in Central California known as=
=20
Path 15.




Summer Starts, Power Doesn't Stop=20
Energy: Consumers show they can take the heat, with their conservation=20
helping to limit demand. But experts remain wary.=20

By MITCHELL LANDSBERG, Times Staff Writer=20

?????As unwelcome as the killer bees, as hyped as "Pearl Harbor," the big,=
=20
bad summer of 2001 officially arrived today and--did someone forget to turn=
=20
out the lights?
?????After months of dread, the Blackout Summer began on a curiously bright=
=20
note. Despite several days of summer-like weather, there was barely a whisp=
er=20
about blackouts. The state that couldn't plug in a night light in January=
=20
without tripping electrical shortage alarms managed to enter the summer wit=
h=20
electricity to spare.=20
?????For the moment, power supplies look healthy. Wholesale electricity=20
prices are a sliver of what they were just a month ago. Demand for power is=
=20
down, apparently the result of a successful conservation campaign. And=20
California officials appear to have won their months-long battle with the=
=20
Federal Energy Regulatory Commission, which imposed price and supply contro=
ls=20
on the Western electricity market beginning at midnight last night.
?????All in all, an auspicious beginning for what many have warned would be=
a=20
dreadful summer. So why aren't California energy officials blowing up=20
balloons for the big end-of-crisis party?
?????"We are not out of the woods," said Richard Sklar, the state's energy=
=20
supply czar. "We are not out of the woods on price, and we are not out of t=
he=20
woods on availability."
?????His view is echoed by most of those who closely watch the state's=20
electrical market. So far, California's supply-demand balance is coming=20
closer to best-case predictions than to the worst. But it is a delicate=20
balance.
?????On Wednesday, with temperatures hovering around summer norms, operator=
s=20
of the statewide power grid managed to maintain--if just barely--the 7% of=
=20
operating reserves they strive for. When reserves dip below that, the state=
=20
begins ascending the ladder of staged emergency declarations that eventuall=
y=20
lead to blackouts.
?????Total electricity use in the state peaked about 4 p.m. at 39,156=20
megawatts--a high for the year, but well below the state's all-time record =
of=20
45,884 megawatts, which was set on July 12, 1999.
?????State officials credit conservation with shaving off about 4,000=20
megawatts, an amount that easily means the difference between blackouts or =
no=20
blackouts on most days.
?????"There is no doubt in my mind that conservation . . . has led directly=
=20
to the situation that we're in now," said Mike Sloss, who tracks conservati=
on=20
for the California Energy Commission.
?????Richard Roher, who crunches conservation numbers for the commission,=
=20
said consumers appear to be continuing to cut their electricity use by abou=
t=20
11%.
?????There also has been good news on the supply side of the equation. Afte=
r=20
months in which power plant breakdowns and shutdowns were costing the state=
=20
as much as 15,000 megawatts of electricity at a time, most plants are now=
=20
online and outages were down to 4,300 megawatts Wednesday.
?????Most small, alternative energy suppliers finally reached agreement thi=
s=20
week in their epic contract battle with Southern California Edison, putting=
=20
that vital segment of the state's energy production back in business. And i=
n=20
the next two weeks, the state's first two new major power plants in a decad=
e=20
are scheduled to open, adding more than 1,000 megawatts to the power=20
stream--enough to serve about 750,000 typical homes.
?????State officials are also hoping that the FERC ruling, which limits=20
prices in the 11-state Western region and requires generators to sell=20
available power to California, will ease the situation further.
?????"Everyone is very interested to see how tomorrow unfolds, price-wise a=
nd=20
supply-wise," Stephanie McCorkle, a spokeswoman for California's grid=20
operator, said Wednesday.
?????For all the positive signs, no one is predicting that the state will=
=20
weather the summer without blackouts. No one knows how many power plants wi=
ll=20
break down. Nor does anyone know the extent to which Californians' best=20
intentions to conserve will melt away in a sustained heat wave.
?????While the past few days have been hot, they haven't been searing. It w=
as=20
81 in downtown Los Angeles on Wednesday, 94 in Riverside, 102 in Sacramento=
,=20
109 in Palm Springs--toasty, but far from the hottest weather any of those=
=20
places can expect this summer.
?????Nor was it unusually hot in surrounding states, whose ability to sell=
=20
power to California depends in part on their own energy needs. Electricity=
=20
use generally rises with the thermometer, because air conditioners use more=
=20
power than most other appliances.
?????"If it gets hot in California, and it's also hot in the Northwest . . =
.=20
and it's hot in Phoenix, we could run into some significant problems," said=
=20
Jan Smutney-Jones, executive director of the Independent Energy Producers=
=20
Assn., a trade group for power plant owners in California.
?????The state has benefited recently from imports of electricity from the=
=20
Northwest, where snow runoff is cascading through electrical turbines. But=
=20
those imports are expected to dry up later in the summer as stream flowswhi=
ch=20
have been kept high to assist salmon runs--are scaled back to levels that=
=20
reflect the region's winter drought.
?????So the summer of 2001 could still be interesting. And it may begin wit=
h=20
a blackout after all. For weeks now, an e-mail campaign has spread through=
=20
the Internet, calling on people to voluntarily cut off most or all of their=
=20
power between 7 p.m. and 10 p.m. tonight.
?????The protest, called the "Roll Your Own Blackout," is the idea of a=20
Southern California artist who worked in tandem with a software engineer fr=
om=20
Berkeley. Their intention is to protest the energy policies recently=20
announced by President Bush and Vice President Dick Cheney.
?????"When you hear Mr. Cheney, who drafted the energy plan, deriding=20
conservation as merely a personal virtue, it is as though he believes virtu=
e=20
has no place in government policy, and that would be a very dangerous thing=
,"=20
said Dave Aragon, the software engineer.
?????The California crisis gave birth to their campaign, but Aragon said he=
=20
is hoping that the protest goes beyond the state's borders.
?????"Worldwide would be fine," he said.






Board Votes to Let State Tax Power Plants=20
Proposal: Levies on property currently are made by counties. The revenue=20
would increase, say proponents of change.=20

By NANCY VOGEL, Times Staff Writer=20

?????SACRAMENTO--State tax collectors endorsed a proposal Wednesday that=20
could force power plant owners to pay tens of millions of dollars more in=
=20
taxes next year.
?????The five-member Board of Equalization voted unanimously to assert=20
jurisdiction over the property taxes paid by companies with power plants th=
at=20
produce more than 50 megawatts. Under the board's proposal--which faces=20
public hearings before it takes effect--the state would seize from counties=
=20
the authority to tax these plan