Enron Mail

From:gus.perez@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-Tues
Cc:
Bcc:
Date:Tue, 22 May 2001 03:48:00 -0700 (PDT)

Please see the following articles:

Sac Bee, Tues, 5/22: Rate hikes bigger worry than blackouts, poll says

Sac Bee, Tues, 5/22: Energy Digest: Half-hour warning for blackouts?

Sac Bee, Tues, 5/21: What's the hang-up?

Sac Bee, Tues, 5/20: Dan Walters: One year later, we know it wasn't just a=
=20
simple game of golf

Sac Bee, Tues, 5/22: Daniel Weintraub: Energy crisis sapping California's=
=20
confidence (Editorial)

SD Union, Tues, 5/22: Panel pulls the plug on county utility plan=20

SD Union, Tues, 5/22: Business customers criticize proposed 29% SDG&E rate=
=20
hike=20

SD Union, Tues, 5/22: State sends $533.2 million to company, part of April=
=20
bill=20

SD Union, Tues, 5/22: 75% say power woes 'very serious'=20

SD Union, Tues, 5/22: Governor told to try seizure in power war=20

SD Union, Tues, 5/22: Head of PUC unveils evidence of power plant manipulat=
ion

LA Times, Tues, 5/22: State to Issue Warnings of Power Outages

LA Times, Tues, 5/22: Businesses May Seek Blackout Exemption


LA Times, Tues, 5/22: Legislators Set to Sue Federal Energy Agency

SF Chron, (AP) Tues, 5/22: California will forecast blackouts and warn the=
=20
public

SF Chron, (AP) Tues, 5/22: Developments in California's energy crisis

SF Chron , Tues, 5/22: How blackout warning plan works

SF Chron , Tues, 5/22: Davis licenses 8th emergency power plant

SF Chron, Tues, 5/22: PAY UP: Rate increases to hit more users than first=
=20
reported, PUC says

SF Chron, Tues, 5/22: Energy crisis not real, state's residents say=20
But poll results show most expect more blackouts

SF Chron, Tues, 5/22: Power plant 'ramping' to be probed State senators als=
o=20
expected to file suit,=20
charging federal regulators with failing to ensure fair rates

SF Chron, Tues, 5/22: Half-hour notice of blackouts planned FAST ALERTS:=20
Power grid operator may send voice, e-mail messages

SF Chron, Tues, 5/22: Time-of-use power pricing may be the answer

SF Chron, Tues, 5/22: The mouth that roared=20

Mercury News, Tues, 5/22: Blackout alerts, forecasts proposed

OC Register, Tues, 5/22: Blackout season may be heating up

OC Register , Tues, 5/22: Cheney: Forget price caps, OPEC pressure

OC Register, Tues, 5/22: A nuclear rebirth? (Editorial)

Individual.com, Tues, 5/22: Mexico Seen As Medium-Term Solution To Californ=
ia=20
Power Shortage

___________________________________________________________________________=
___
______________________



Rate hikes bigger worry than blackouts, poll says=20
By Dan Smith
Bee Deputy Capitol Bureau Chief
(Published May 22, 2001)=20
The vast majority of Californians expect to be inconvenienced by power=20
blackouts this summer, but two-thirds continue to be far more concerned abo=
ut=20
higher electricity rates they believe are unjustified, according to a Field=
=20
Poll released Monday.=20
Meanwhile, 85 percent of the state's residents say they have cut back their=
=20
energy use since the crisis began, and nearly two-thirds believe they can=
=20
conserve an additional 5 percent to 10 percent.=20
As they were at the outset of the crisis, poll respondents remain skeptical=
=20
of the power shortage's root cause. Nearly six out of 10 say the crisis is =
an=20
attempt by energy companies to increase rates, rather than the results of a=
=20
real market imbalance.=20
"As the seriousness of the issue has gone up, the cynicism has remained=20
high," said Mark DiCamillo, director of the San Francisco-based poll. "The=
=20
public still doesn't buy the claim that it's supply and demand. They think=
=20
it's an artificial crisis."=20
The poll results, obtained by interviewing a cross-section of 1,015 adults=
=20
between May 11 and Sunday, are part of a special survey the Field Institute=
=20
undertook to measure public opinion about the energy crisis. Subsequent=20
releases will survey attitudes about the available policy options and the=
=20
policy-makers who might exercise them.=20
Monday's results show Californians are reacting negatively to higher=20
electricity rates, even though the most recent increase has yet to appear o=
n=20
their monthly bills.=20
In a finding nearly identical to Field's January survey, 67 percent are mor=
e=20
concerned with higher rates than power blackouts.=20
And that does not bode well for the elected officials trying to solve the=
=20
problem, DiCamillo said. Pocketbook issues such as rate increases, he said,=
=20
"focus more public opinion on the actors in this drama -- the politicians."=
=20
A majority (52 percent) believes the $5 billion rate increase approved by t=
he=20
state Public Utilities Commission last week for customers of Pacific Gas an=
d=20
Electric Co. and Southern California Edison was not justified, and an=20
identical proportion believes the rate increase will cause a "somewhat" or=
=20
"very serious" problem in their households.=20
The proportion of people who believe the increases will cause "very serious=
"=20
problems corresponds to their family income. Among those earning $20,000 or=
=20
less, 27 percent believe the increases will cause very serious problems. Te=
n=20
percent of those earning $80,000 or more believe very serious problems will=
=20
occur.=20
In contrast, 27 percent say blackouts have caused a "great deal" or "some"=
=20
inconvenience thus far, although 71 percent believe expected blackouts this=
=20
summer will cause the same degree of inconvenience. More low-income residen=
ts=20
(45 percent) say they will experience a great deal of inconvenience from=20
summer blackouts, compared with just 26 percent of those in the $80,000 and=
=20
above category who feel the same way.=20
The poll shows that the 85 percent of respondents who estimated they have=
=20
conserved power have cut back, on average, about 8 percent. Gov. Gray Davis=
=20
has asked all residents and businesses to reduce power use by=20
10 percent, although Davis' plan assumes a 7 percent reduction. Eighty-five=
=20
percent also say they can conserve even more, with additional savings, on=
=20
average, amounting to 4 percent.=20
Six out of 10 believe the state can avoid blackouts this summer through=20
conservation.=20
"These numbers are a good guess as to what real conservation is being=20
achieved and what is likely to be achieved, and it's not a huge amount,"=20
DiCamillo said.=20

The Bee's Dan Smith can be reached at (916) 321-5249 or smith@sacbee.com.=
=20






Energy Digest: Half-hour warning for blackouts?


(Published May 22, 2001)=20
Grid operators are hoping to issue power blackout warnings a half-hour in=
=20
advance, but the new alerts would be educated guesses and blackouts might n=
ot=20
follow.=20
The proposed warning system is expected to be approved Thursday by the boar=
d=20
of the California Independent System Operator, the Folsom-based organizatio=
n=20
that runs most of the state's high-voltage transmission system.=20
Although an unknown number of the alerts will turn out to be false alarms,=
=20
"this would be a huge step forward" for businesses, said Carl Guardino, hea=
d=20
of the Silicon Valley Manufacturing Group and a member of the ISO board.=20
"For employers, a half-hour is the time needed to fire up a major generator=
,=20
to power down an assembly line, to have your employees save what they have =
on=20
their computers," he said.=20
By comparison, the last two rounds of rotating blackouts came with two- and=
=20
six-minute warnings, Guardino said.=20
The new system could be put in place by June 1, and might also include=20
expanded systems for giving e-mail notifications of power alerts or potenti=
al=20
blackouts, ISO officials said.=20
--Carrie Peyton=20

Connell plans to borrow=20
State Controller Kathleen Connell says Gov. Gray Davis' energy plan doesn't=
=20
add up.=20
Connell said at a news conference Monday that the state will spend money on=
=20
electricity at a faster rate than anticipated by Davis, a fellow Democrat.=
=20
As a result, Connell said, she expects to borrow about $4 billion this fall=
=20
to avoid state budget cash shortages in the coming fiscal year.=20
"We are virtually in the same kind of fiscal environment that we were in a=
=20
bad budget year," Connell said.=20
In recent years, the state has regularly borrowed money through one-year=20
revenue anticipation notes to avoid cash-flow problems. The notes are paid=
=20
off within a year when enough tax money flows to the state treasury.=20
But Connell didn't have to resort to borrowing this year because of plentif=
ul=20
revenue and a healthy reserve.=20
Connell said the state's energy purchases have changed the picture, and=20
called into question Davis' assumptions. The governor's plan calls for 11=
=20
percent of the power purchases in the first half of this year to be covered=
=20
by lower-cost, long-term contracts. As of last week, only 1 percent of the=
=20
purchases were under contracts, Connell said.=20
But Joe Fichera, Davis' financial adviser, said that seven more long-term=
=20
contracts for electricity during peak demand periods this summer will be=20
delivered to Connell's office today.=20
--John Hill=20

Suit to seek price caps
The state Legislature plans to file suit today in federal court in a bid to=
=20
force the Federal Energy Regulatory Commission to impose caps on power=20
prices.=20
The lawsuit will argue that the commission has failed to ensure that=20
Californians are paying just and reasonable rates, as required under the=20
Federal Power Act.=20
The suit is being filed by Senate President Pro Tem John Burton, D-San=20
Francisco, and Assembly Speaker Robert Hertzberg, D-Sherman Oaks. Hertzberg=
=20
said consumer groups and others are also expected to join the suit.=20
As evidence, the suit will cite reports earlier this year by the California=
=20
Independent System Operator that the state's electricity market was not=20
resulting in just and reasonable rates. The ISO is responsible for running=
=20
the state's transmission grid.=20
The suit will cite evidence of how high power rates are causing harm to=20
society, Hertzberg said.=20
--John Hill=20

U.S. attacks special rate
Before the idea goes any further, the federal government Monday asked state=
=20
utility regulators to junk a proposal for a special, high-priced federal=20
energy rate.=20
In an emergency appeal, federal officials asked the state Public Utilities=
=20
Commission to take a special vote Thursday to drop the idea of even=20
researching a pilot program, calling it discriminatory and a waste of time.=
=20
As part of a vote last week that created new electricity rates, the PUC als=
o=20
launched a study into charging all federal facilities market-based prices f=
or=20
power -- a move widely seen as a dig against federal authorities who have=
=20
refused state pleas to cap wholesale prices.=20
But three of the five PUC commissioners said at the time that they disliked=
=20
the idea and would consider other options.=20
Given their reluctance, it would be a waste of utilities' scarce resources =
to=20
even begin researching how to assess the special rate, the Department of th=
e=20
Navy wrote the PUC on Monday, arguing on behalf of all federal executive=20
agencies.=20
--Carrie Peyton














What's the hang-up?
Clotheslines save energy and money, but they are considered unsightly by so=
me=20
and are banned in many areas
By Mary Lynne Vellinga
Bee Staff Writer=20
(Published May 21, 2001)

Rising electricity rates have prompted Stacey Swett to seriously consider=
=20
taking a step she finds somewhat distasteful: hanging a clothesline in her=
=20
back yard.=20
"I don't really like the looks of them, but you have to get past that; we=
=20
have a huge issue here with our SMUD bill," Swett said.=20
The California Energy Commission touts clotheslines as a nearly cost-free w=
ay=20
to conserve electricity. Statewide, clothes dryers burn about 1,000 megawat=
ts=20
of electricity on a hot summer day, which could be enough to avert a blacko=
ut=20
on days when state power supplies are tight. An electric dryer costs about=
=20
$130 a year to run. A retractable clothesline will set you back about $14.9=
9.=20
People appear to be getting the message. Hardware stores report a sharp ris=
e=20
in clothesline sales since the energy crisis hit. People are "going back to=
=20
the old way of doing things," said Dave Haskin, owner of Broadway Hardware =
in=20
Sacramento.=20
But the old way of doing things doesn't sit so well in some newer=20
neighborhoods. Where Swett lives, in midtown, she can decide for herself=20
whether to take the plunge and pin up the bloomers. But in many newer=20
neighborhoods -- those governed by homeowners associations -- the practice =
is=20
not allowed.=20
Swett works for the management company that runs the homeowners association=
=20
for the gated, Pocket-area subdivision of Riverlake. In Riverlake, it is=20
against the rules to hang your laundry where your neighbors can glimpse it.=
=20
The same is true in Gold River, Rancho Murieta, Laguna West and Los Lagos,=
=20
the mansion-studded Granite Bay enclave where Sacramento Kings stars Chris=
=20
Webber and Jason Williams live.=20
"People think (clotheslines) are unsightly," said Dan Kocal, owner of the=
=20
Folsom-based Kocal Management Group. His company manages the homeowners=20
associations for 70 communities in the Sacramento region. Not one of them=
=20
allows clotheslines unless they are shielded from neighbors' views below th=
e=20
fence line or behind a special enclosure.=20
When people buy into planned communities such as Gold River, Los Lagos or S=
un=20
City, they agree to certain rules designed to keep the neighborhood looking=
=20
neat and uniform, Kocal said.=20
"You agree that you're only going to park in the garage, that you're not=20
going to hang out clothes and that you're not going to paint your house=20
purple," Kocal said.=20
Clotheslines that can be seen from neighboring yards are banned by virtuall=
y=20
all the 35,000 California subdivisions and condominium complexes governed b=
y=20
homeowners associations, said Richard Monson, president of the Pasadena-bas=
ed=20
California Association of Homeowners Associations.=20
"We choose to live in neighborhoods that don't hang these things out," Mons=
on=20
said.=20
A few weeks ago, Monson was quoted as saying that the sight of hanging=20
laundry is "akin to graffiti in your neighborhood." Cartoonist Garry Trudea=
u=20
since has devoted an entire week of his Doonesbury strip to lampooning=20
neighborhoods that don't allow clothes to be hung out to dry.=20
Now, Monson chooses his words more carefully. "When we talk about areas of=
=20
communities that are less desirable, we often associate those with=20
undesirable items that are in proximity to the buildings," he said. He stan=
ds=20
by his assertion that the sight of clothes flapping in the breeze could kno=
ck=20
15 percent off property values.=20
Brian Rosebrock, a supervisor at the new Home Depot in Elk Grove, doesn't=
=20
understand the stigma. When he was growing up in a rural area outside New=
=20
York City, his mother always dried the family's clothes on the line.=20
Rosebrock, 40, still likes the smell of sun-dried clothes. He hangs his=20
jeans, socks, sheets and other cotton items in the back yard of his Rosemon=
t=20
house.=20
"It's just laundry. Everybody is a little uptight here," he said of=20
Californians.=20
He may have a point. Bruce Hackett, professor emeritus of sociology at the=
=20
University of California, Davis, said Californians harbor more negative=20
attitudes toward clotheslines than do people in the Midwest, where line=20
drying is more of a tradition.=20
About 10 years ago, Hackett did a survey of 45 UC Davis students and 35=20
single-family households in Green Bay, Wis. At the time, some students livi=
ng=20
in married housing on the UC Davis campus were upset that they had to walk =
to=20
an isolated, screened area next to the trash bins to hang their laundry.=20
"The housing office said clotheslines make the place look like a tenement,"=
=20
Hackett said.=20
The attitude in Wisconsin was markedly different.=20
"On wash day, there were just clotheslines everywhere, which is something y=
ou=20
don't find here," Hackett said. "One woman told me that when you move into =
a=20
new home it's not really your home until your clothesline is up and your=20
clothes are on it."=20
In the wake of student complaints, the university eventually changed the=20
policy to allow the use of retractable clothes lines in the housing area,=
=20
Hackett said.=20
Leaders of several Sacramento-area homeowners associations said they couldn=
't=20
think of any instance in which a homeowner has asked permission to hang a=
=20
clothesline or has gotten in trouble for using one.=20
"I don't know of anyone who has a clothesline," said David Brickell,=20
president of the Los Lagos Estates Homeowners Association. He said the Los=
=20
Lagos neighborhood is very concerned about the energy crisis and thus "woul=
d=20
certainly consider" allowing clotheslines.=20
To save energy, the subdivision has started turning off its entrance founta=
in=20
at night and is considering buying a smaller fountain pump.=20
Monson, head of the statewide association, argued that there are many ways =
to=20
conserve energy without resorting to the public airing of laundry. Wet=20
clothes can, for instance, be hung in the garage or the utility room, he=20
said.=20
"The issue is not clotheslines, the issue is conservation, and hom=0F'eowne=
rs=20
don't have to hang their clothes out of doors," he said.=20
But some energy-conscious citizens think discouraging the use of outdoor=20
laundry lines is ridiculous, given the state's energy situation.=20
Jennifer Putnam, 41, recently purchased a large umbrella-style apparatus to=
=20
dry clothes in her Jackson back yard.=20
"We were standing outside by the (electric) meter at one point, two or thre=
e=20
months ago. My husband said, 'Look at how fast that thing is going around.'=
I=20
said, 'The only thing on is the dryer.' "=20
"During World War II, we had to do certain things," Putnam continued. "Now,=
=20
we're looking at a power crunch, we're looking at saving an economy in=20
California. That's critical. That's important. =06? I really don't think Gr=
anite=20
Bay is going to turn into a slum because people put up things to dry their=
=20
clothes on."=20
The Bee's Mary Lynne Vellinga can be reached at (916) 321-1094 or=20
mlvellinga@sacbee.com.=20















Dan Walters: One year later, we know it wasn't just a simple game of golf


(Published May 20, 2001)

California will mark -- but certainly not celebrate -- an anniversary this=
=20
week. It was exactly one year ago that a late spring heat wave swept over S=
an=20
Diego, and as air conditioners began drawing heavy amounts of power, San=20
Diego Gas & Electric Co. began charging its customers high, market-oriented=
=20
rates for juice.=20
It was the beginning of the California energy crisis, or at least of public=
=20
and political awareness that something was wrong. And a year later, every=
=20
aspect of the crisis continues to grow worse. We are paying 10 times as muc=
h=20
for power as we were two years ago. We have amassed more than $20 billion i=
n=20
private and public debt that will grow even with sharp increases in consume=
r=20
power rates. And we face potentially life-threatening summer blackouts.=20
Certainly the roots of the crisis extend much further than one year. They g=
o=20
back to decisions in the 1970s to stop major power plant construction and=
=20
rely on conservation and alternative generating sources. And they include a=
=20
momentous decision in the mid-1990s to adopt a "deregulation" plan that was=
=20
an unworkable hybrid of open markets and price controls that left us at the=
=20
mercy of out-of-state generators. Of more currency is what was and wasn't=
=20
done in the last 12 months to fan that spark into a uncontrolled, and perha=
ps=20
uncontrollable, firestorm.=20
Gov. Gray Davis once said that he was approaching energy just as he plays=
=20
golf, "one hole at a time." Unfortunately for Davis, and for the state, it=
=20
was not a golf game, but one of three-dimensional, and perhaps=20
four-dimensional, chess. To manage the crisis effectively, the Democratic=
=20
governor needed the ability, either personally or through trusted aides, to=
=20
pull together its disparate elements into a cohesive whole.=20
The golfing approach was evident from the beginning, as Davis dealt with on=
ly=20
the most immediate aspects of the situation as they evolved, rather than=20
embracing it wholly and actively. Private and public energy experts warned=
=20
that what was happening in San Diego was a harbinger of a larger crisis and=
=20
proposed that the 1996 "deregulation" be suspended, that rates be raised=20
slightly and that private utilities be given broad authority to enter into=
=20
long-term supply contracts to stabilize the market. But Davis and his=20
handpicked state Public Utilities Commission president, Loretta Lynch,=20
stalled for time.=20
Less than a month after the crisis first surfaced, the PUC voted 3-2 to=20
authorize long-term supply contracts at about 5 cents a kilowatt-hour --=20
slightly higher than wholesale prices had been, but ridiculously cheap by=
=20
contemporary standards. Publicly owned utilities saw the looming price=20
escalation and quickly locked up long-term supplies, but Lynch denounced th=
e=20
commission action as "a wrong turn" that could lead to higher consumer bill=
s,=20
and within days it was scuttled in legislation signed by Davis.=20
Rather than face the issue comprehensively and proactively, Davis, Lynch an=
d=20
the Legislature opted for an expedient fix in San Diego, rolling back retai=
l=20
rates without addressing either supply or cost issues. Within weeks, privat=
e=20
utilities were beginning to take on billions of dollars in debt as wholesal=
e=20
costs skyrocketed.=20
Last summer's failure to act was compounded by other errors of judgment. It=
's=20
clear now, for example, that it was a mistake for the state to continue=20
buying power at sky-high rates when the utilities had exhausted their credi=
t.=20
Having a new deep pocket encouraged the generators to charge whatever the=
=20
market would bear.=20
A year after he could have nipped the crisis in the bud, but didn't, Davis =
is=20
busily rewriting history and blaming others, principally Republicans, for t=
he=20
dilemma. But the governor cannot, or should not, escape the responsibility=
=20
for approaching this very complex situation like a game of golf, or like so=
me=20
routine political dispute, and thus failing to apply the aggressive and=20
sophisticated managerial touch that this crisis demanded from the onset.=20
As Gen. George McClellan discovered at the Battle of Antietam during the=20
Civil War, the unwillingness to take risk often leads to greater carnage.=
=20
The Bee's Dan Walters can be reached at (916) 321-1195 or dwalters@sacbee.c=
om
.







Daniel Weintraub: Energy crisis sapping California's confidence


(Published May 22, 2001)=20

California's energy crisis is becoming a crisis of confidence. As electrici=
ty=20
rates rise and blackouts mount, residents are losing faith in their=20
government's ability to deal with the one issue underlying this crisis and=
=20
almost everything else that happens in the state -- population growth.=20
Energy and growth, in fact, are intertwined in the minds of everyday=20
Californians to an extent not yet reflected in the debate inside the Capito=
l,=20
according to the results of a new poll from the Public Policy Institute of=
=20
California.=20
More than three-quarters of those surveyed statewide said they believe=20
population growth contributed to the electricity shortage. And even if the=
=20
energy crisis fades, people expect other problems associated with growth to=
=20
worsen.=20
The crisis, in other words, has only heightened a sense that many people=20
already had, a feeling that California's famous quality of life is threaten=
ed=20
by rapid growth and our failure to provide the public works and services=20
needed to make growth tolerable.=20
For the first time since the mid-1990s, more people say the state is headed=
=20
in the wrong direction (48 percent) than in the right direction (44 percent=
).=20
And 56 percent said they expect bad economic times in the year ahead. That'=
s=20
a quick decline from January, when a majority said they thought the state w=
as=20
on the right track and 62 percent expected good economic times ahead.=20
"There is some deep-seated anxiety about the way government works, the way =
we=20
plan for the future, the way we make law, the way big decisions are made by=
=20
the governor and the Legislature," said Mark Baldassare, a Public Policy=20
Institute researcher who conducted the poll. "People didn't have a great de=
al=20
of confidence in local and state government to begin with, and now they hav=
e=20
even less."=20
Asked to cite the most important problem facing the state, 43 percent named=
=20
energy. But fully one-quarter of those surveyed said growth or related=20
problems -- the environment, housing, and transportation -- were on the top=
=20
of their list. Just 6 percent named schools as the top problem, a big drop=
=20
from a year ago, and the same number cited the economy. Other perennial=20
favorites -- crime, health care, taxes -- barely registered on the scale.=
=20
By a wide margin, Californians view growth as inevitable, but that doesn't=
=20
mean they have to like it. More than 8 in 10 said the state's anticipated=
=20
climb from 34 million people to 45 million by 2020 will make California a=
=20
less desirable place to live.=20
Six in 10 said traffic congestion is already a big problem in their=20
community, and 23 percent said it was somewhat of a problem. Nearly=20
three-quarters said the availability of housing was a problem. Sixty-four=
=20
percent said air pollution was a problem, and 61 percent complained about t=
he=20
lack of opportunity for well-paying jobs.=20
The poll's respondents were conflicted about how best to deal with these=20
problems. A large majority favored local control rather than letting the=20
state taking a more active role in guiding growth and development. Yet an=
=20
astounding 89 percent said local governments in a region should work togeth=
er=20
rather than each city and county deciding growth issues on its own.=20
But in a reflection of their lack of confidence in government, 63 percent=
=20
said local citizens should make growth decisions by voting on ballot=20
initiatives, while 35 percent said it would be better for local officials t=
o=20
make those calls after thorough planning reviews and public hearings. A=20
little more than half -- 51 percent -- said they would vote today for an=20
initiative to slow the pace of development in their community even if it=20
meant having less economic growth.=20
What does all this mean for the political world? It's been clear for months=
=20
that the energy crisis was sapping Gov. Gray Davis' popularity in the state=
,=20
and this poll confirms that trend. Six in 10 say they disapprove of the way=
=20
Davis has handled the energy crisis, and his overall approval rating has=20
slipped to 46 percent, from 63 percent in January.=20
Conventional wisdom has been that if Davis could somehow find his way throu=
gh=20
the energy crisis, he still could cruise to re-election. But that may no=20
longer be the case. Sixty-seven percent of residents say the crisis has mad=
e=20
them less confident in the state government's ability to plan for the futur=
e.=20
Gone is the optimism Californians once had that growth would produce a more=
=20
vibrant economy and make life better for us all.=20
Californians have a vaguely uneasy feeling that things are slipping out of=
=20
control, that no one really has a grip on where this state is going and how=
=20
we are going to get there. The energy crisis is only the most vivid example=
=20
of our failure to cope with change. People are worried. Davis should be, to=
o.=20

The Bee's Daniel Weintraub can be reached at (916) 321-1914 or at=20
dweintraub@sacbee.com.







Panel pulls the plug on county utility plan=20



Backers blame SDG&E for bill's demise in Assembly committee
By Bill Ainsworth=20
UNION-TRIBUNE STAFF WRITER=20
May 22, 2001=20
SACRAMENTO -- An Assembly committee yesterday thwarted a bipartisan effort =
to=20
ease the way for San Diego County to form a municipal utility district that=
=20
backers say would bring residents cheaper and more reliable power.=20
Proponents of the plan said San Diego Gas & Electric and its parent company=
,=20
Sempra, engineered a political power play that ensured defeat of the=20
proposal. The utility was the main opponent.=20
"Their lobbyists just got on this thing and killed it," said Bill Horn,=20
chairman of the San Diego County Board of Supervisors, who attended=20
yesterday's hearing before the Assembly Utilities and Commerce Committee.=
=20
"They did a tremendous disservice to residents of San Diego County."=20

But a lobbyist for Sempra told the committee that forming a municipal utili=
ty=20
wouldn't solve the energy crisis because it would do nothing to increase th=
e=20
supply of electricity.=20
"We're not in the middle of a utility crisis," said lobbyist Cindy Howell.=
=20
"It's a generation crisis."=20
The bill, which would have applied only to San Diego County, had strong=20
bipartisan support from local officials, including state Sens. Steve Peace,=
=20
D-El Cajon, and Dede Alpert, D-Coronado, who took the unusual step of=20
personally testifying before an Assembly committee.=20

But the proposal earned just three of the 10 votes needed to clear the=20
committee. All of the votes came from Republicans.=20
The bill's author, Assemblyman Mark Wyland, R-Escondido, blasted the=20
stockholder-owned utility company for opposing the bill.=20
"They simply don't want a threat to their ability to make as much money as=
=20
they can on the backs of San Diego ratepayers," he said.=20
Proponents say forming a public utility would allow residents to tap cheape=
r=20
sources of power, especially future hydroelectric power planned by the San=
=20
Diego County Water Authority.=20
They argue that controlling some power plants could reduce the county's=20
dependence on expensive electricity now purchased by SDG&E on the wholesale=
=20
market. That, in turn, could lead to lower utility bills.=20
During the current energy crisis, communities with publicly owned power,=20
including Los Angeles and Sacramento, have paid much lower energy bills tha=
n=20
communities served by investor-owned utilities.=20
But current state law makes it difficult to create a local municipal utilit=
y=20
because it requires a majority of voters to endorse the plan in an election=
=20
in which at least two-thirds of registered voters turn out.=20
As a practical matter, that means approval likely would occur only during a=
=20
presidential election when voter interest is high.=20
Peace said the current law was written for a reason: to protect privately=
=20
owned utilities.=20
"The law was written on purpose by this Legislature to make it almost=20
impossible to form a municipal utility district," he said.=20
Wyland's legislation, Assembly Bill 206, would have changed the law to allo=
w=20
majority-vote approval in the new district, without regard to how many vote=
rs=20
turn out.=20
A proposal to create a municipal utility would have to go through months of=
=20
local hearings before it could be placed on the ballot. Wyland said he didn=
't=20
expect the new agency to replace SDG&E but merely to give residents more=20
options over the long term.=20
Initially, Sempra opposed the bill because it would have given the new publ=
ic=20
agency the power of eminent domain to take over transmission lines and othe=
r=20
facilities owned by SDG&E.=20
At the hearing yesterday, Wyland offered to strip eminent domain power from=
=20
the new agency.=20
But Howell, the Sempra representative, still opposed the plan and argued th=
at=20
there is no reason to change the voting requirement in the current law.=20
Forming a utility district, she said, is a significant step that should=20
require high voter turnout.=20
The bill also drew opposition from unionized employees of Sempra.=20
Committee chairman Rod Wright, D-Los Angeles, voted against the bill, sayin=
g=20
it was vague and that San Diego legislators should get a better idea of wha=
t=20
they want to do.=20
He left open the possibility that he would support a proposal to allow the=
=20
county to buy power but not to form its own utility.=20
Wright, widely considered an ally of the privately owned utilities, receive=
d=20
$16,500 last year in contributions from Sempra, according to the Secretary =
of=20
State's Web site.=20
Other members of the committee objected to the proposed structure of the ne=
w=20
utility, which would be governed by a nine-member board of two supervisors,=
=20
two San Diego City Council members, three council members from county citie=
s=20
and two public members.=20
The proposal seemed to turn the political parties' positions on public powe=
r=20
upside down.=20
The measure failed to win any votes from Democrats, who enthusiastically=20
endorsed a new state power authority that allows California to finance, buy=
=20
and seize power plants.=20
But the plan was supported by three Republicans, including Assemblymen Jay =
La=20
Suer of La Mesa, David Kelley of Idyllwild and Bill Leonard of Rancho=20
Cucamonga. Republicans opposed the state power authority, with some calling=
=20
it socialism.=20
Wyland said he may try to resurrect the proposal later in the year.=20







Business customers criticize proposed 29% SDG&E rate hike=20



By Craig D. Rose=20
UNION-TRIBUNE STAFF WRITER=20
May 22, 2001=20
SDG&E's commercial customers are attacking the prospect of paying an averag=
e=20
of 29 percent more to cover the state's soaring cost of buying electricity.=
=20
At a California Public Utilities Commission hearing in San Diego yesterday,=
=20
some business customers also noted the irony that only in February did they=
=20
win the same rate freeze as residential customers.=20
"We need rates we can depend on," said John Roberts, who owns an irrigation=
=20
products business in San Marcos.=20
SDG&E customers were the first to bear the brunt of deregulation, and the=
=20
utility's residential ratepayers were the first to win a reprieve when the=
=20
state capped rates at 6.5 cents per kilowatt-hour.=20
The SDG&E cap is expected to end for all customers in the coming weeks as t=
he=20
commission moves to increase SDG&E's rates to levels now paid by customers =
of=20
PG&E and Edison, which are about 3 cents per kilowatt-hour higher.=20
Yesterday's hearing, however, was for commercial rates.=20
Roberts said his San Marcos-based irrigation products company has withstood=
a=20
tripling of power costs over the past year, while having to cut the cost of=
=20
its products because of competition, he said.=20
Roberts added that socking businesses with high costs in order to spare=20
residential electricity customers from expected rate hikes could be=20
counterproductive.=20
"If businesses leave the state, they'll be without jobs, and a $30 savings =
on=20
their power bills won't mean much," Roberts said.=20
The hearing at the County Administration Building was attended by about 30=
=20
people. An additional hearing is scheduled at 7 p.m. today in the Community=
=20
Rooms at the Oceanside Civic Center, 330 N. Coast Highway.=20
Larger crowds are expected for hearings on residential rate increases. Date=
s=20
for those hearings have not been set.=20







State sends $533.2 million to company, part of April bill=20



By Ed Mendel=20
UNION-TRIBUNE STAFF WRITER=20
May 22, 2001=20
SACRAMENTO -- One of the biggest single checks ever issued by the state of=
=20
California, $533.2 million, went to an Atlanta-based firm Friday for power=
=20
purchased for California utility customers during a single month, April.=20
Mirant, formerly Southern Energy, says more than half of the power came fro=
m=20
three plants in the San Francisco Bay Area that it purchased from Pacific G=
as=20
and Electric for $801 million under a failed deregulation plan.=20
State Treasurer Kathleen Connell, who displayed a blown-up copy of the chec=
k=20
at a news conference yesterday, said she thinks the state has failed to=20
obtain enough cheap long-term power contracts and will have to borrow more=
=20
than the $13.4 billion planned.=20
Connell, an elected official who issues state checks, said the power bills=
=20
she had paid by last Thursday, totaling $5.1 billion, provide no basis for=
=20
assuming that the price of electricity "is dropping and that it will contin=
ue=20
to drop through the summer."=20
But a consultant for Gov. Gray Davis said the state, which has more long-te=
rm=20
contracts than Connell has seen, is on track to control power costs with th=
e=20
aid of conservation and that it plans to meet its goals without additional=
=20
borrowing.=20
"I think the public should have confidence that this is not a rosy scenario=
,"=20
said Joseph Fichera of Saber Partners, a Davis consultant. "It's the expect=
ed=20
scenario."=20
The state plans to issue a bond of up to $13.4 billion in late August that=
=20
will repay the general-fund taxpayer money used for power purchases, about =
$7=20
billion so far. The bond will be paid off over 15 years by utility customer=
s.=20
Davis has declined to reveal details of state spending for power, arguing=
=20
that the information would be used by power suppliers to submit higher bids=
.=20
A group of newspapers and Republican legislators have filed lawsuits to for=
ce=20
disclosure.=20
Connell said she has received 25 contracts from 17 power suppliers. She=20
declined to release details of the contracts, saying they are complicated a=
nd=20
have varying prices.=20
Connell said the check for $533,181,235 issued to Mirant Friday is one of t=
he=20
largest she has written since taking office in 1995.=20
"This purchase was made entirely at spot-market prices," Connell said, "eve=
n=20
though the Department of Water Resources (the state agency that purchases=
=20
power) has an executed long-term contract with this company."=20
Mirant said in a statement that, at the request of the state, its marketing=
=20
arm gave the state a "helping hand" by buying power from suppliers not=20
willing to sell to the state and then reselling the power to the state.=20
"We've done the state a tremendous service in purchasing power on its=20
behalf," said Randy Harrison, Mirant's Western chief executive officer, "an=
d=20
it's wrong for the transactions to be misinterpreted and skewed in a negati=
ve=20
light."=20
Mirant said its subsidiaries generated 1.377 million megawatt-hours in Apri=
l,=20
while its marketing arm purchased enough additional electricity to boost th=
e=20
total sold to the state during the month to 2.077 million megawatt-hours.=
=20
The firm said the power was sold for an average of $256.87 per megawatt-hou=
r.=20
That's below the $346 average that the state expects to pay on the expensiv=
e=20
spot market during the second quarter of this year, from April through June=
.=20
But it's well above the average price of $69 per megawatt-hour said to have=
=20
been obtained in the first round of long-term contracts negotiated by the=
=20
state.=20
Mirant purchased three power plants from PG&E capable of producing 3,000=20
megawatts during a controversial part of deregulation. The state Public=20
Utilities Commission ordered utilities to sell off at least half of their=
=20
fossil-fuel power plants without requiring the purchasers to provide low-co=
st=20
power to California.=20
The utilities sold nearly two dozen major power plants capable of producing=
=20
more than 20,000 megawatts. The largest group of plants, 4,700 megawatts,=
=20
went to AES Corp. of Virginia. Three Texas firms purchased plants producing=
=20
7,000 megawatts.=20
The power supply situation in California remained sound enough yesterday to=
=20
ward off blackouts, although temperatures are on the rise throughout the=20
state. More heat means more air conditioning, and a greater strain on the=
=20
system.=20
But starting next month, the state's electricity grid managers plan to=20
provide businesses and consumers with better forecasts of potential rolling=
=20
blackouts.=20
The California Independent System Operator will post on its Web site "power=
=20
warnings" when there is at least a 50 percent chance that rolling blackouts=
=20
might be required during the next 24 hours. The ISO will issue a "power=20
watch" when less-critical shortages are anticipated in advance of high dema=
nd=20
days.=20
The agency also plans to give a 30-minute warning before it orders utilitie=
s=20
to cut power to customers, posting information about probable interruptions=
=20
on its Web site. Its Web site address is http://www.caiso.com=20
"There have been a number of requests from businesses and consumers alike=
=20
that would like more advance notice and to be able to plan better. That's=
=20
what we are trying to do," ISO spokeswoman Lorie O'Donley said.=20
O'Donley said many details about how notifications will occur still have to=
=20
be worked out, including whether e-mails or pagers might be used.=20
In other developments in the electricity crisis:=20
?About 1.5 million compact fluorescent light bulbs will be distributed to=
=20
375,000 households as part of the "Power Walk" program that began during th=
e=20
weekend. Members of the California Conservation Corps are going door-to-doo=
r=20
in parts of some cities to distribute the bulbs as part of a $20 million=20
conservation program.=20
?Republican legislative leaders sent Davis a letter criticizing the governo=
r=20
for using taxpayer funds to hire two aides to former Vice President Al Gore=
=20
as communication consultants for $30,000 a month. The Republicans said Mark=
=20
Fabiani and Chris Lehane operate "a partisan, cut-throat political=20
communications firm."=20
?The state Auditor General said in a report on energy deregulation that the=
=20
state is not meeting some of its goals for conservation and for building ne=
w=20
power plants. The auditor also said the PUC does not have a process for=20
quickly approving new transmission lines. The state has been importing abou=
t=20
20 percent of its power.=20
Staff writer Karen Kucher contributed to this report.=20







75% say power woes 'very serious'=20



By John Marelius=20
UNION-TRIBUNE STAFF WRITER=20
May 22, 2001=20
The overwhelming majority of Californians now regard the state's electricit=
y=20
crisis as a serious problem, but say they have not yet been greatly=20
inconvenienced by it, a new Field Poll has found.=20
The nonpartisan statewide survey found that while people believe the=20
electricity problem is real, they believe it stems more from an attempt by=
=20
energy companies to drive rates up than from an actual shortage.=20
They are also far more worried about soaring electricity bills than the=20
threat of blackouts.=20
And Californians offered contradictory views as to whether electricity=20
conservation can head off blackouts this summer. They believe all electrici=
ty=20
consumers -- residents, businesses and government -- can reduce their usage=
=20
enough to avert blackouts. But they also say they already have cut back the=
ir=20
own usage about as much as they can.=20
In January, the Field Poll surveyed public attitudes about the growing=20
electricity crisis. At the time, 58 percent characterized the situation as=
=20
"very serious." Now, the percentage of the population that considers the=20
situation "very serious" has grown to 75 percent.=20
Californians also hold a rather cynical view of the crisis. Thirty-six=20
percent say they believe it is the consequence of an electricity shortage,=
=20
but 59 percent say it was caused by energy companies seeking to increase=20
profits.=20
The Field Poll is based on telephone interviews with 1,015 California adult=
s=20
conducted between May 11 and Sunday. According to statistical theory, the=
=20
poll would be accurate 95 percent of the time within a margin of error of 3=
.2=20
percentage points.=20
So far, the ill effects of the electricity crisis are ones Californians see=
m=20
to be willing to live with. But they worry that will not be the case much=
=20
longer.=20
Eleven percent said they had been inconvenienced "a great deal" by blackout=
s.=20
But looking toward the summer, 34 percent said they expected blackouts to b=
e=20
a major inconvenience.=20
Likewise, 19 percent said the electricity rate increases averaging 10 perce=
nt=20
that have taken effect have been a very serious problem for them. If rates=
=20
were to go up another 10 percent, 36 percent would regard that as a serious=
=20
problem.=20
Opinion is divided over the merits of recent rate increases approved by the=
=20
state Public Utilities Commission. Forty-one percent called them justified=
=20
and 52 percent called them unjustified.=20
"It's not overwhelmingly panned, which I suppose is about as well as could =
be=20
expected on an issue like this," said Mark DiCamillo, associate director of=
=20
the Field Poll. "It's almost like a tax increase. The public doesn't want i=
t;=20
it's just whether they think it's justified or not."=20
Looking ahead, 28 percent say blackouts are the greatest threat posed by th=
e=20
electricity crisis. But more than twice as many, 67 percent, say they are=
=20
more concerned about escalating electricity bills.=20
By a significant ratio, 61 percent to 34 percent, Californians believe=20
additional conservation measures by all electricity users can eliminate the=
=20
need for summer blackouts.=20
But when it comes to their own electricity consumption, they say they alrea=
dy=20
have cut back significantly and can't do much more.=20
Californians say they have reduced their household electricity usage by an=
=20
average of 8 percent. They said they could cut back by another 4 percent in=
=20
their homes without causing serious problems.=20
"If the state is looking and the governor is looking for redoubled efforts,=
=20
it's going to be painful because the public thinks we can do a little bit=
=20
more, but not a lot," said DiCamillo.






Governor told to try seizure in power war=20



By Philip J. LaVelle=20
UNION-TRIBUNE STAFF WRITER=20
May 19, 2001=20
A major San Diego business group urged Gov. Gray Davis yesterday to take=20
emergency steps in the energy crisis, including seizing power plants -- an=
=20
action the governor said may be in the cards.=20
Davis met over lunch for nearly two hours with members of the San Diego=20
Building Owners and Managers Association, overseers of about 250 commercial=
=20
properties here.=20
The meeting, at the University Club at Symphony Towers downtown, was closed=
=20
to the media.=20

In remarks to reporters later, Davis repeated his hard line against=20
out-of-state energy producers, relating a threat made to a dozen power=20
executives in a private meeting May 9.=20

"I told the generators face to face, as close as I am to you .?.?.=20
'Gentlemen, you are going to lose your plants, and I'm going to sign a=20
windfall-profits tax, unless you help us get through this summer without=20
blackouts and without staggering prices.'?"=20
Davis also said he told them: "You know you've been ripping us off, acting =
in=20
a predatory manner. If you do it this summer, you leave me no choice but to=
=20
take your plants and sign a windfall-profits tax. So the ball is in your=20
court, gentlemen."=20
Building association executive Craig Benedetto said the group had "a frank=
=20
exchange" with Davis. "We want to do our fair share (on conservation), but=
=20
we're also concerned about the supply side," he said. The group "strongly=
=20
urged him to use his emergency powers to do whatever is necessary, includin=
g=20
seizing plants."=20
Association President Cybele Thompson said Davis asked for a string of=20
conservation measures. Yet some cannot be implemented without state=20
intervention, she said. For example, Davis urged that air-conditioning=20
thermostats be set at 78 degrees, but "a lot of our leases don't permit it,=
"=20
she said.=20
While in San Diego, Davis received an honorary doctor of science degree fro=
m=20
Scripps Research Institute.=20






Head of PUC unveils evidence of power plant manipulation=20



ASSOCIATED PRESS=20
May 19, 2001=20
LOS ANGELES =01) The head of the California Public Utilities Commission pro=
vided=20
a state Senate committee with evidence showing three power generators reduc=
ed=20
electricity production and then benefited from the resulting high prices.=
=20
While testifying before the committee Friday, PUC President Loretta Lynch=
=20
displayed charts that tracked electricity prices and power generation at=20
three plants on a single day last November.=20
According to the graphs, after the plants reduced production during the=20
middle of the day, the state was forced to declare two separate power=20
emergencies which indicate electricity reserves had fallen seriously low.=
=20
After the shortfall in supply helped cause a spike in prices, the companies=
=20
operating the three plants suddenly increased their electricity production =
to=20
almost full capacity, allowing them to capitalize on the much higher rates.=
=20
"We certainly see a pattern," Lynch told the committee, which is=20
investigating alleged manipulation of the state's wholesale power market by=
=20
energy suppliers. "Many generators are playing on their experience and=20
playing, to an extent, California."=20
Maintenance records reviewed by investigators show that there were no valid=
=20
reasons for the plants to cut back production, Lynch said.=20
She would not identify the power plants involved, however, Lynch did say th=
at=20
they are owned by at least two companies.=20
Sen. Joseph Dunn, who heads the special committee investigating alleged=20
market manipulation, said Lynch's testimony, on its face, is "very damning.=
"=20
He said his committee has uncovered additional preliminary evidence showing=
=20
that several power companies have allegedly engaged in similar behavior.=20
During a break in Friday's hearing, a spokeswoman for a trade group of majo=
r=20
power suppliers told the Los Angeles Times that there have been no=20
coordinated efforts to shrink supplies to increase profits.=20
"There has been no collusion," said Jean Muoz of the Independent Energy=20
Producers Association.=20
The PUC and state Atty. Gen. Bill Lockyer are jointly investigating the=20
exorbitant wholesale power prices that have cost California billions and=20
brought major utilities to financial ruin.=20







State to Issue Warnings of Power Outages=20
Electricity: Cal-ISO says it will try to give residents and businesses=20
24-hour notice of probable blackouts.=20

By MIGUEL BUSTILLO and NANCY VOGEL, Times Staff Writers=20

?????Californians will hear an expanded forecast on their morning commutes=
=20
this summer, courtesy of the energy crisis: "The 405 Freeway is jammed,=20
there's a slim chance of showers, and oh, by the way, there's a 50%=20
likelihood of blackouts."
?????By the end of this month, the California Independent System Operator,=
=20
the agency that manages the state's power grid, expects to issue 24-hour=20
forecasts generally detailing when and where blackouts can be expected.
?????It is also piecing together a high-tech system to give businesses,=20
government officials and the public at least a half-hour notice of a probab=
le=20
blackout in their area.
?????Just how those notices will be issued remains somewhat up in the air,=
=20
but Cal-ISO is talking with private companies capable of notifying more tha=
n=20
10,000 customers a minute via fax and phone, and millions a minute via=20
wireless communications such as pagers.
?????Cal-ISO assembled the plan after complaints from businesses,=20
particularly those in the Silicon Valley, that last-minute blackouts were=
=20
costing California millions. The plan also responds to growing political=20
pressure for the public to be kept informed of the barrage of outages that =
is=20
expected to darken the state this summer because of insufficient supplies o=
f=20
electricity.
?????If Californians' electricity use pattern is similar to last year's,=20
Cal-ISO has projected, the state could suffer 34 days of blackouts, making=
=20
increased notification crucial.
?????With a shortage of hydroelectric power imports from the drought-strick=
en=20
Pacific Northwest, and no new power plants coming online until July, the=20
agency calculates that there will be a supply-demand gap in June of 3,700=
=20
megawatts--enough power to supply 2.8 million homes. A national utility=20
industry group painted a more dire scenario last week when it predicted tha=
t=20
California will experience up to 260 hours of blackouts this summer.
?????"The weather report and traffic report are good analogies; people know=
=20
they are not 100% accurate, but if [a blackout] really means a lot to them,=
=20
they will check in," said Mike Florio of the Utility Reform Network, who=20
serves on the Cal-ISO board.
?????Details remain sketchy, and the programs may be altered when the board=
=20
meets Thursday. But a Web page called "Today's Outlook" on the agency's=20
Internet site, www.caiso.com, will be created to illustrate, hour by hour,=
=20
how much electricity is available during a 24-hour period and whether there=
=20
is a predicted surplus or shortfall.
?????Media outreach will be expanded to provide news bulletins on electrici=
ty=20
conditions a day in advance. They will not only include demand projections=
=20
and the effects of weather, but they also will define the level of emergenc=
y=20
that is expected.
?????A "power watch" will be sounded during stage 1 and stage 2 shortages,=
=20
and a more serious "power warning" if there is a 50-50 chance of a stage 3,=
=20
which often results in blackouts. (Stage 1 emergencies occur when power=20
reserves drop below 7%, stage 2 5% and stage 3 1.5%.)
?????Most important, Cal-ISO is pledging to provide 30-minute notice of=20
probable blackouts to people in the areas served by Pacific Gas & Electric,=
=20
Southern California Edison and San Diego Gas & Electric, among others. In=
=20
addition to giving the warnings on the Internet and through the mass media,=
=20
Cal-ISO will sound alarms to select e-mail addresses and pager numbers on=
=20
"blast lists," or massive computer databases that it will assemble.
?????"The technology is there. This is a war California is in, and we shoul=
d=20
be deploying high-tech solutions," said Carl Guardino of the Silicon Valley=
=20
Manufacturing Group, the Cal-ISO board member who had been pushing hardest=
=20
for better notification. "Every time California goes black, the economy see=
s=20
red."
?????Guardino said that businesses and public agencies are now receiving ju=
st=20
two- to six-minute warnings before blackouts, not nearly enough to react.
?????"A two-minute warning may be sufficient in a football game, but it is=
=20
insufficient to protect California businesses and the public," he said.=20
?????Though businesses and government agencies are expected to make the mos=
t=20
of the warnings, Florio said residents also will benefit.=20
?????"It will be more of a challenge to get the information to individual=
=20
homeowners, but if someone works at home, and sets it up to get an e-mail=
=20
notice, they can take advantage," he said.=20
?????In other energy news Monday, the woman in charge of paying California'=
s=20
power bills warned that a $13.4-billion bond issue to cover electricity=20
purchases will be insufficient and that the state will have to borrow $4=20
billion more before it runs out of cash in February.
?????Calling a news conference in the capital, state Controller Kathleen=20
Connell questioned the key assumptions underpinning Gov. Gray Davis'=20
financial plan for overcoming the energy crisis. The plan assumes the $13.4=
=20
billion in bond sales will repay state coffers for electricity purchases an=
d=20
cover future power buys for the next two years.
?????Connell's opinion is notable because, as the state's chief check write=
r,=20
the independently elected Democrat is privy to information about the prices=
=20
the state is paying for electricity bought on the spot market and through=
=20
long-term contracts--data that Davis has largely kept secret.
?????Davis' advisors and Department of Finance officials dispute Connell's=
=20
warnings.







Businesses May Seek Blackout Exemption=20
Energy: PUC will accept new applications, which would be granted only to=20
minimize danger to public health and safety.=20

By NANCY RIVERA BROOKS, Times Staff Writer=20


?????The San Francisco Giants want one, and so presumably do most other=20
California businesses: an exemption from the rolling blackouts that experts=
=20
say are all but certain this summer.
?????But whether operating on a baseball diamond or in more mundane venues=
=20
far from the bright lights of pro sports, few businesses will be granted su=
ch=20
waivers--and then only to minimize threats to public health and safety--und=
er=20
a process detailed Monday by the California Public Utilities Commission.
?????"It would be nice in a perfect world if we could exempt everyone who=
=20
asks from rolling blackouts. Unfortunately, we can't do that," Commissioner=
=20
Carl A. Wood said in announcing the procedure for applying for blackout=20
exemptions.
?????The PUC already exempts a fairly lengthy list of those whose services=
=20
are needed to protect public health and safety, including fire and police=
=20
stations and acute-care hospitals.
?????Energy experts are predicting blackouts this year ranging from a total=
=20
of 20 hours at the most optimistic to 200 hours or more, based on such=20
factors as historic patterns of electricity usage, forecasts for hot weathe=
r=20
and expectations of diminished hydroelectric imports from out of state.
?????Any new business exemptions, which would start no sooner than August,=
=20
would be granted only to minimize danger to public health and safety.=20
?????That means a business would not be granted an exemption from outages=
=20
just because it fears revenue loss, Wood said at a Los Angeles news=20
conference.
?????Residential customers will be unable to apply for the exemptions.=20
Nevertheless, many already enjoy blackout protection by quirk of location--=
if=20
they share a circuit with an exempt customer--or if they are customers of t=
he=20
Los Angeles Department of Water and Power and municipal utilities such as=
=20
those in Glendale and Burbank that do not rely on the statewide power grid=
=20
for electricity.
?????The PUC can approve only a limited number of blackout exemptions, Wood=
=20
said, because to maintain system reliability, a pool of customers=20
representing at least 40% of total system load must be available for rollin=
g=20
power outages.=20
?????Statewide, about 50% of system load is exempt from blackouts in the=20
territories served by the three big investor-owned utilities: Edison=20
International's Southern California Edison, PG&E Corp.'s Pacific Gas &=20
Electric and Sempra Energy's San Diego Gas & Electric.
?????"This is not an exercise in determining who is most affected=20
economically by rolling blackouts. Everyone is affected economically by=20
rolling blackouts," Wood said.
?????The PUC has set up a Web site, www.rotating-outages.com, and toll-free=
=20
number, (888) 741-1106, for businesses seeking information and applications=
.=20
The deadline to apply is 5 p.m. June 1.
?????Completed applications will be reviewed by an engineering consulting=
=20
firm, Exponent Inc. of Menlo Park, Calif., which will develop a priority li=
st=20
based on risk to public health and safety.
?????Only businesses that have applied would be considered for exemptions,=
=20
Wood said, explaining that the commission will not excuse entire industries=
.
?????The PUC is expected to vote on the exemptions by Aug. 2.
?????Wood said several companies already have applied, including the=20
operators of Pacific Bell Park in San Francisco, home of the Giants major=
=20
league baseball team.






Legislators Set to Sue Federal Energy Agency=20
Power: Lawmakers try a new idea: a lawsuit arguing that blackouts pose dang=
er=20
to people, law enforcement and even water supply=20

By DAN MORAIN, Times Staff Writer=20

?????SACRAMENTO--Legislative Democrats today will sue federal energy=20
regulators, charging that their inaction threatens elderly people in nursin=
g=20
homes, children in day care centers, law enforcement and its ability to fig=
ht=20
crime, and the state's drinking water supplies.
?????Rather than focus on record wholesale energy costs, the lawsuit takes =
a=20
new tack, homing in on the threat to health and safety posed by California'=
s=20
energy crisis and the blackouts likely this summer.
?????A draft of the suit seeks to force the Federal Energy Regulatory=20
Commission to set "just and reasonable" wholesale power rates as a way of=
=20
ending the crisis before blackouts occur. The action is being filed by=20
veteran trial attorney Joe Cotchett on behalf of Senate President Pro Tem=
=20
John Burton (D-San Francisco), Assembly Speaker Bob Hertzberg (D-Sherman=20
Oaks), and the city of Oakland.=20
?????"A crisis of unprecedented dimensions is already taking shape in=20
California," the draft says. "The public health, safety and welfare of the=
=20
state's 34 million residents is in jeopardy due to the tragic consequences =
of=20
rolling blackouts and punitive prices."

?????Suit Says Blackouts Pose Threats
?????Until now, most California officials, including Gov. Gray Davis, have=
=20
been urging that the regulatory commission cap wholesale power prices as a=
=20
way of limiting costs to the state, which has spent more than $6 billion=20
buying electricity since January.
?????In the lawsuit, Cotchett will be arguing that while higher bills will=
=20
stretch the budgets of people on fixed incomes, frail elderly people "are=
=20
left to wonder if their oxygen tanks, drip IVs, dialysis machines and=20
electricity-powered therapeutic beds will respond when they are needed."
?????"Rolling blackouts represent more than just an annoyance for the men,=
=20
women and children with disabilities," the suit says. "They represent an=20
imminent threat to life, health and independence."
?????Cotchett said the suit will be filed in the U.S. 9th Circuit Court of=
=20
Appeals in San Francisco, bypassing the federal trial court. Cotchett said=
=20
the circuit court has direct jurisdiction over FERC.
?????Joining Cotchett will be Clark Kelso, a professor at McGeorge Law Scho=
ol=20
in Sacramento who briefly was insurance commissioner last year after Chuck=
=20
Quackenbush resigned. Kelso said he initially was skeptical that lawmakers=
=20
had legal standing to sue. But after Cotchett spoke with him, Kelso said he=
=20
became convinced the suit had merit.
?????"Let's face it," said Kelso, a Republican, "this is the single most=20
important issue that the state faces for the next six months."

?????Watching the Water Supply
?????The suit cites warnings from governmental agencies about the=20
implications of blackouts, including one the state Department of Health=20
Services issued earlier this month to public water agencies statewide. The=
=20
warning