Enron Mail

From:britt.whitman@enron.com
To:john.lavorato@enron.com, louise.kitchen@enron.com, david.delainey@enron.com
Subject:California Update 8/28/2001
Cc:f..calger@enron.com, christian.yoder@enron.com, legal <.hall@enron.com<,mike.swerzbin@enron.com, k..allen@enron.com, jeff.dasovich@enron.com, chris.gaskill@enron.com, mike.grigsby@enron.com, tim.heizenrader@enron.com, j.kaminski@enron.com, j..kean@enr
Bcc:f..calger@enron.com, christian.yoder@enron.com, legal <.hall@enron.com<,mike.swerzbin@enron.com, k..allen@enron.com, jeff.dasovich@enron.com, chris.gaskill@enron.com, mike.grigsby@enron.com, tim.heizenrader@enron.com, j.kaminski@enron.com, j..kean@enr
Date:Tue, 28 Aug 2001 11:30:19 -0700 (PDT)

Please feel free to address any California or western power questions/comme=
nts to G. Britt Whitman at ex: 54014 or Kristin Walsh at ex: 39510.


EXECUTIVE SUMMARY
? Legislative Maneuvering Towards a Bail-Out Plan=20

MOU Developments
The Assembly Energy Costs and Availability Committee held hearings yesterda=
y on the SoCal bailout plan, AB 82. The chairman of the committee, Rod Wri=
ght, has agreed with Hertzberg and Davis to move something out of the commi=
ttee, possibly by mid-week. Much of the Assembly's efforts to move along a=
comprehensive plan have been encumbered by the introduction of over 50 ame=
ndments. Additionally, demonstrations by a group of farmers and resort own=
ers opposing the conservation easement provision included in the bill may a=
lso slow the process.

Three Central Valley Democrats (Reyes, Flores and Canciamilla) on the Assem=
bly Committee on Energy Costs and Availability will likely be paying close =
attention to the demonstrations against the conservation easements, as farm=
ers are significant in their districts. All three legislators face reelect=
ion. Reyes has already signaled that, even though she voted for the bailou=
t last time, she is disinclining to do so again. These three Democrats may=
impede the progress of the bailout. There are strong indications that the=
plan will not come to a vote until it has the necessary votes to pass. At=
this point there still appears to be a lack of consensus on the Democratic=
side.

Another substantive amendment to the current plan has been a call by SoCal =
for "fair market value" of its transmission assets, rather than book value.=
This value, of course, would have to be estimated and essentially means t=
hat even more money would have to go toward the bailout. While Committee C=
hairman Wright would not oppose this idea, it will likely be hard for many =
of his colleagues to swallow, particularly on the Senate side.

Once the amendments are disposed of and the bailout plan clears the Assembl=
y Energy Costs and Availability Committee, it will then go to Assembly Appr=
opriations. The chair of this committee, Carol Migden, is friendly with bo=
th Hertzberg and Governor Davis, so the plan appears unlikely to receive si=
gnificant opposition in her committee. It will then go to the Assembly flo=
or for a vote. Since it is likely some sort of bailout plan will pass the =
Assembly, it likely will fall to the Senate to decide ultimately if a SoCal=
bailout makes it to the governor or not. Therefore, it becomes important =
to examine what deals might be made between Burton and Davis in order to ge=
t a bailout through the Senate. For example, Burton wants a change in the =
workers' compensation laws to increase payouts to workers. This is a very =
important issue. On the one hand, both trial lawyers and the unions suppor=
t Burton. On the other hand, he is strongly opposed by the powerful CTMA, =
the Republicans and pro-business Democrats, including Governor Davis. In f=
act, Davis has already vetoed this legislation at least once and has promis=
ed to do so again. It is conceivable, though unlikely, that a deal could b=
e struck whereby Burton would allow a SoCal bailout to pass in exchange for=
Davis signing workers' compensation reform. However, if this were to happ=
en, both the bailout and the workers' comp reform together would be an enor=
mous burden on California businesses at a time when these businesses are no=
t doing well. This is why a deal on this particular topic appears unlikely=
at this time.