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From:susan.mara@enron.com
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Subject:Sunday's SF Chronicle - Direct access falls victim to crisis
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Date:Mon, 25 Jun 2001 05:56:00 -0700 (PDT)



Sue Mara
Enron Corp.
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Subject: Sunday's SF Chronicle - Direct access falls victim to crisis




< Greg Lucas' long-awaited Chronicle story about DA ran this weekend ...
<
< ENERGY CRUNCH
< Direct access falls victim to crisis
< Power-buying plan's future is in doubt
< Bernadette Tansey, Greg Lucas, Chronicle Staff Writers
< Sunday, June 24, 2001
< ,2001 San Francisco Chronicle
<
< URL:
< http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2001/06/24/MNL67535.DTL
<
<
< The option to shop around for the best deal on electricity -- one of the
< cornerstones of California's deregulation plan -- could soon be scrapped.
<
< Businesses may lose the right to cut their own deals with private power
< suppliers, and environmentally conscious consumers could be barred from
< shifting their business from utilities to renewable energy firms, unless
< the Legislature acts quickly to save the program.
<
< The potential cost savings of so-called direct access to competing
< electricity providers was the plum that incited big businesses to fight
< hard for deregulation in 1996. But the program -- although it was not
< responsible for the soaring rates that piled up state and utility debt --
< may be sacrificed in the state's drive to recoup its costs.
<
< The fate of the program was thrown into doubt last winter, when
< skyrocketing wholesale electricity costs collapsed the nascent direct
< access market, weakened the utilities and caused the state to take over
< power purchases.
<
< Industry has been lobbying hard since then to keep the option open for the
< future. But the problem for Gov. Gray Davis' administration is that the
< state needs big industrial consumers to stay on as utility customers to
< help pay off the $8 billion it has already spent buying power and the
< estimated $43 billion worth of power it has contracted to buy over the
< next 20 years.
<
< Otherwise, the utility customers left behind -- householders and small
< businesses -- will be stuck with the whole bill.
<
< Competing proposals to allow companies to bail out by paying an "exit fee"
< to cover a share of the cost are working their way through the
< Legislature.
<
< But time is running short, state Treasurer Philip Angelides warned the
< Legislature and the state Public Utilities Commission this month.
<
< The state plans to issue $12.5 billion in bonds in September for power
< purchases, and officials say underwriters want to be assured that there is
< a large enough revenue stream to repay the bonds.
<
< Angelides and other state officials urged the Legislature and the PUC to
< decide by the end of June either to ban direct access or lock in a
< procedure to charge each departing company for its share of the state
< power costs.
<
< "The hypothetical and theoretical desires for a direct access market and
< the hypothetical and theoretical desire for a bond sale are now
< intersecting in reality," said Assemblyman Fred Keeley, D-Boulder Creek
< (Santa Cruz County).
<
< Industry advocates agree that firms should pay a fair share of the
< electricity purchased on their behalf. But how much -- and how to make
< that calculation -- is a complex issue they fear will be decided in haste,
< said Dorothy Rothrock, a lobbyist for the California Manufacturers and
< Technology Association.
<
< "We are reacting to crises, real or man-made, and making decisions in a
< rush without considering the consequences," Rothrock said.
<
< The PUC is set to vote Thursday on a proposed urgency measure to suspend
< direct access as of July 1. The ban recommended by a PUC administrative
< law judge would continue as long as the state functions as power buyer for
< utility customers -- conceivably through the term of state contracts
< ending in 2020.
<
< Lawmakers had authorized the PUC to suspend direct access last winter when
< the state took over electricity purchasing. But a divided PUC delayed
< action as legislators worked with industry to salvage the program.
<
< Although direct access contracts are still legal until the PUC acts, in
< effect the program was slammed into suspension by the brutal power price
< hikes of the past 18 months. Threatened by exposure to rising wholesale
< electricity rates, virtually all direct access customers have returned to
< the utilities, where they are protected by the state rate freeze.
<
< Even though the right to deal directly with generators has been on the
< books since 1996, few businesses or householders actually did it.
<
< Many of the residential customers who signed on with alternative suppliers
< did so to support the growth of renewable power like solar and wind
< energy. At its peak, the program drew about 224,000 households -- about
< 2.5 percent of the customer base of California's major utilities. About 13
< percent of the industrial market contracted for their own power.
<
< Industry has until tomorrow to file plans with the PUC to preserve direct
< access under a proposal by public utilities Commissioner Richard Bilas, a
< strong supporter of the program.
<
< Commissioner Jeff Brown said he favors direct access, but the continuing
< uncertainty over the form it would take jeopardizes the state's ability to
< float its bonds.
<
< Commissioner Carl Wood, a direct access opponent, said it should be
< abolished, because it creates a danger that residential and small business
< customers will be stuck paying for relatively high-cost contracts secured
< by the state during the energy crisis, while large industries would be
< free to buy cheap power from the newer, more efficient plants that will be
< coming online in the next few years.
<
< But Wood said even if the PUC suspends the option, the state Legislature
< could order its reinstatement.
<
< Sen. Debra Bowen, D-Marina del Rey, is carrying a bill to do that while
< requiring the exit fees demanded by Angelides and state finance officials.
<
<
< Without those safeguards, utility revenues would dive into a "death
< spiral, " where rates would keep rising as more companies abandoned the
< system, Bowen said, giving the remaining customers a deeper incentive to
< bail.
<
< State legislators are set to meet this week to start deciding how
< California's electricity market should be structured in the future. But
< deadlines to deal with the state's financial hangover are pushing
< decisions on direct access.
<
< Bowen said it's unlikely her bill will be passed within a few weeks, the
< time frame Davis administration officials have urged to give certainty to
< the terms of the bond deal.
<
< Angelides said the Legislature could still pass a law reviving direct
< access before the bond language is written in July. But after that, the
< Legislature cannot pass laws that change the terms of contract commitments
< made by the state, he said.
<
< "There is still a window to act here, but they have to act fast,"
< Angelides said.
<
< E-mail Bernadette Tansey at btansey@sfchronicle.com and Greg Lucas at
< glucas@sfchronicle.com.
<
< ,2001 San Francisco Chronicle Page A - 21
<