Enron Mail

From:vicki.sharp@enron.com
To:mike.smith@enron.com
Subject:Update--Day 1 of California PUC Hearings
Cc:jeff.dasovich@enron.com
Bcc:jeff.dasovich@enron.com
Date:Thu, 28 Dec 2000 02:00:00 -0800 (PST)

Mike, FYI.
jeff, please change to Mike D smith.
Mike, please change your name.
---------------------- Forwarded by Vicki Sharp/HOU/EES on 12/28/2000 09:26
AM ---------------------------
From: Jeff Dasovich@ENRON on 12/27/2000 08:57 PM
Sent by: Jeff Dasovich@ENRON
To: Roger Yang/SFO/EES@EES, skean@enron.com, Richard Shapiro/NA/Enron@Enron,
James D Steffes/NA/Enron@Enron, Paul Kaufman/PDX/ECT@ECT, Sandra
McCubbin/NA/Enron@Enron, Susan J Mara/NA/Enron@ENRON, mpalmer@enron.com,
Karen Denne/Corp/Enron@ENRON, Joe Hartsoe/Corp/Enron@ENRON, Sarah
Novosel/Corp/Enron@ENRON, Alan Comnes/PDX/ECT@ECT, Harry
Kingerski/NA/Enron@Enron, Tim Belden/HOU/ECT@ECT, Frank W
Vickers/HOU/ECT@ECT, Robert Badeer/HOU/ECT@ECT, Chris H Foster/HOU/ECT@ECT
cc: Beverly Aden/HOU/EES@EES, Brenda Barreda/HOU/EES@EES, Carol
Moffett/HOU/EES@EES, Cathy Corbin/HOU/EES@EES, Christina Liscano/HOU/EES@EES,
Dan Leff/HOU/EES@EES, Debora Whitehead/HOU/EES@EES, Dennis
Benevides/HOU/EES@EES, Don Black/HOU/EES@EES, Dorothy Youngblood/HOU/ECT@ECT,
Edward Sacks/Corp/Enron@ENRON, Eric Melvin/HOU/EES@EES, Erika
Dupre/HOU/EES@EES, Evan Hughes/HOU/EES@EES, Fran Deltoro/HOU/EES@EES, Gayle W
Muench/HOU/EES@EES, Ginger Dernehl/NA/Enron@ENRON, Gordon Savage/HOU/EES@EES,
Harold G Buchanan/HOU/EES@EES, Harry Kingerski/NA/Enron@ENRON, Iris
Waser/HOU/EES@EES, James W Lewis/HOU/EES@EES, Jeremy Blachman/HOU/EES@EES,
Jess Hewitt/HOU/EES@EES, Kathy Bass/HOU/EES@EES, Kathy Dodgen/HOU/EES@EES,
Ken Gustafson/HOU/EES@EES, Kevin Hughes/HOU/EES@EES, Leasa Lopez/HOU/EES@EES,
Leticia Botello/HOU/EES@EES, Mark S Muller/HOU/EES@EES, Marsha
Suggs/HOU/EES@EES, Marty Sunde/HOU/EES@EES, Meredith M Eggleston/HOU/EES@EES,
Mike M Smith/HOU/EES@EES, Neil Bresnan/HOU/EES@EES, Neil Hong/HOU/EES@EES,
Paula Warren/HOU/EES@EES, Richard Shapiro/NA/Enron@ENRON, Rita
Hennessy/NA/Enron@ENRON, Rosalinda Tijerina/HOU/EES@EES, Scott
Gahn/HOU/EES@EES, Scott Stoness/HOU/EES@EES, Sharon Dick/HOU/EES@EES, Tanya
Leslie/HOU/EES@EES, Tasha Lair/HOU/EES@EES, Ted Murphy/HOU/ECT@ECT, Terri
Greenlee/NA/Enron@ENRON, Tony Spruiell/HOU/EES@EES, Vicki Sharp/HOU/EES@EES,
Vladimir Gorny/HOU/ECT@ECT, Wanda Curry/HOU/EES@EES, William S
Bradford/HOU/ECT@ECT
Subject: Update--Day 1 of California PUC Hearings

Thanks Roger. Here are the highlights of today's hearings:

Common themes--many tracked ours pretty closely
Not a question of whether rates need to rise, but by how much.
Though some oppose any and all rate increases, the lion's share acknowledged
that the utilities have a cash flow problem and the a rate increase is
necessary.
Due process matters.
If the Commission is thinking about going as far as ending rate freezes and
increasing rates, it better provide for ample due process, or countless law
suits will ensue.
Don't jump the gun.
A rate increase is likely, but only the utilities benefit from adoption of
the utilities' proposals. The Commission needs to carefully scrutinize the
utilities' claims and take a careful look at the level of increase required
to maintain access to capital markets. However, as expected, the utilities
implored the Commission to jump the gun immediately. The utilities want the
Commission to declare an end to the rate freeze and raise rates on Jan.4.
No more divestiture.
The utility should keep the generating assets it retained, but the Commission
should ensure that the assets' benefits are allocated equally among all
customers. One legislator recommended that the State buy the utilities'
hydro assets, which would give the utilities the cash they need and give the
state control over some generation.
Treat all customers equally and fairly.
The Commission should not create two classes of customers (e.g., large v.
small; direct access v. bundled). No customer group should be sacrificied to
save another.
Be as narrow as possible/do as little harm as possible
The immediate problem is the utility's cash/credit crunch. As such, the
Commission should do only enough to solve this very specific, immediate
problem. A modest rate increase is all that's required and the Commission
should do no more.

At the beginning and the end of the hearing, the President of the Commission
asked parties to be prepared (at tomorrow's hearing) to discuss whether the
Commission could legally use its other, broad powers to raise rates without
declaring an end to the rate freeze. It seems that she seems some benefit in
raising rates, but leaving AB 1890 otherwise intact untill the Commission can

Marketers and generators are to blame for the problem
Though not universally embraced, the theme came up repeatedly.

A few parties (e.g., the Unions, low income consumer groups, one PUC
commissioner) called for complete re-regulation of the industry, returning
the utilities to vertically integrated monopolies. But they were the
exception rather than the rule at today's hearing.

2. Next steps
There hearings were scheduled to end on Thursay, but now will continue
through Friday.
Tomorrow, lawyers will provide "oral" arguments on whether the Commission
must end the rate freeze in order to increase rates. We will argue that it
does not have to, and should not, go through the complex and controversial
exercise of determing whether the rate freeze is over between now and
01.04.01. We will argue that the Commission has the authority to raise rates
without ending the rate freeze, and if it decides to raise rates, it should
do so while keeping AB 1890's basic structure in place until a full and fair
hearing of the issues is completed. We are talking to other stakeholders to
persuade them to take the same approach. In terms of legal arguments, this
is clearly a long shot, but one that seems worth taking.
After the oral argument, the utilities will present their rate proposals and
"all interested persons" will have the opportunity to cross-examine the
utilities (in short, tomorrow will also be a zoo).
When asked what the process will be for issuing a proposed decision and
providing comments, the President of the Commission responded "we don't know,
it's evolving." In other words, the Commission is doing a poor job of
ensuring that their Jan 4 decision is "appeal-proof."
Keep in mind that the situation remains extremely fluid and the trend is
still toward ending the rate freeze on Jan. 4th. We continue to aggressively
offer alternatives to that possibility and continue to try to bring other
stakeholders to our side.
We're doing everything necessary to preserve our appeal rights.

We can discuss further on the 10 AM (CST) call tomorrow.

Best,
Jeff



Roger Yang@EES
12/27/2000 05:43 PM

To: Leticia Botello/HOU/EES@EES
cc: Ted Murphy/HOU/ECT@ECT, Dennis Benevides/HOU/EES@EES, James W
Lewis/HOU/EES@EES, Scott Stoness/HOU/EES@EES, Don Black/HOU/EES@EES, Tony
Spruiell/HOU/EES@EES, Mike M Smith/HOU/EES@EES, Meredith M
Eggleston/HOU/EES@EES, Neil Hong/HOU/EES@EES, Evan Hughes/HOU/EES@EES, Neil
Bresnan/HOU/EES@EES, Jess Hewitt/HOU/EES@EES, Vladimir Gorny/HOU/ECT@ECT,
William S Bradford/HOU/ECT@ECT, Jeff Dasovich/NA/Enron@Enron, Eric
Melvin/HOU/EES@EES, Scott Gahn/HOU/EES@EES, Gayle W Muench/HOU/EES@EES,
Gordon Savage/HOU/EES@EES, Harry Kingerski/NA/Enron@Enron, Ken
Gustafson/HOU/EES@EES, Edward Sacks/Corp/Enron@Enron, Richard
Shapiro/NA/Enron@Enron, Marty Sunde/HOU/EES@EES, Dan Leff/HOU/EES@EES, Vicki
Sharp/HOU/EES@EES, Kevin Hughes/HOU/EES@EES, Jeremy Blachman/HOU/EES@EES,
Harold G Buchanan/HOU/EES@EES, Mark S Muller/HOU/EES@EES, Kathy
Bass/HOU/EES@EES, Rosalinda Tijerina/HOU/EES@EES, Debora
Whitehead/HOU/EES@EES, Leasa Lopez/HOU/EES@EES, Christina
Liscano/HOU/EES@EES, Tasha Lair/HOU/EES@EES, Erika Dupre/HOU/EES@EES, Rita
Hennessy/NA/Enron@Enron, Brenda Barreda/HOU/EES@EES, Marsha
Suggs/HOU/EES@EES, Carol Moffett/HOU/EES@EES, Kathy Dodgen/HOU/EES@EES, Cathy
Corbin/HOU/EES@EES, Sharon Dick/HOU/EES@EES, Beverly Aden/HOU/EES@EES, Tanya
Leslie/HOU/EES@EES, Paula Warren/HOU/EES@EES, Wanda Curry/HOU/EES@EES, Ginger
Dernehl/NA/Enron@Enron, Dorothy Youngblood/HOU/ECT@ECT, Terri
Greenlee/NA/Enron@ENRON, Fran Deltoro/HOU/EES@EES, Iris Waser/HOU/EES@EES
Subject: Re: Reminder - Level Setting Mtg-California Markets Focus Group
EB2868

Got an update from Jeff Dasovich. No earth shattering news. Comments have
been all over the place. The impression is being made by differing parties
that the issues are very complex and would inevitably result in endless
lawsuits. Possible conclusion by the CPUC may be to invoke emergency powers
to implement an emergency surcharge and avoid addressing the issue of when
the rate freeze ends in these hearings. However, this is just speculation.
Jeff will return to the office by 5:00 pm PST and will send out a summary of
today's hearings.

Roger




Leticia Botello
12/27/2000 06:57 AM
To: Ted Murphy/HOU/ECT@ECT, Dennis Benevides/HOU/EES@EES, James W
Lewis/HOU/EES@EES, Scott Stoness/HOU/EES@EES, Don Black/HOU/EES@EES, Tony
Spruiell/HOU/EES@EES, Mike M Smith/HOU/EES@EES, Meredith M
Eggleston/HOU/EES@EES, Neil Hong/HOU/EES@EES, Evan Hughes/HOU/EES@EES, Neil
Bresnan/HOU/EES@EES, Jess Hewitt/HOU/EES@EES, Vladimir Gorny/HOU/ECT@ECT,
William S Bradford/HOU/ECT@ECT, Jeff Dasovich/NA/Enron@Enron, Eric
Melvin/HOU/EES@EES, Scott Gahn/HOU/EES@EES, Gayle W Muench/HOU/EES@EES,
Gordon Savage/HOU/EES@EES, Harry Kingerski/NA/Enron@Enron, Ken
Gustafson/HOU/EES@EES, Edward Sacks/Corp/Enron@Enron, Roger Yang/SFO/EES@EES,
Richard Shapiro/NA/Enron@Enron
cc: Marty Sunde/HOU/EES@EES, Dan Leff/HOU/EES@EES, Vicki Sharp/HOU/EES@EES,
Kevin Hughes/HOU/EES@EES, Jeremy Blachman/HOU/EES@EES, Harold G
Buchanan/HOU/EES@EES, Mark S Muller/HOU/EES@EES, Kathy Bass/HOU/EES@EES,
Rosalinda Tijerina/HOU/EES@EES, Debora Whitehead/HOU/EES@EES, Leasa
Lopez/HOU/EES@EES, Christina Liscano/HOU/EES@EES, Tasha Lair/HOU/EES@EES,
Erika Dupre/HOU/EES@EES, Rita Hennessy/NA/Enron@Enron, Brenda
Barreda/HOU/EES@EES, Marsha Suggs/HOU/EES@EES, Carol Moffett/HOU/EES@EES,
Kathy Dodgen/HOU/EES@EES, Cathy Corbin/HOU/EES@EES, Sharon Dick/HOU/EES@EES,
Beverly Aden/HOU/EES@EES, Tanya Leslie/HOU/EES@EES, Paula Warren/HOU/EES@EES,
Wanda Curry/HOU/EES@EES, Ginger Dernehl/NA/Enron@Enron, Dorothy
Youngblood/HOU/ECT@ECT, Terri Greenlee/NA/Enron@ENRON, Fran
Deltoro/HOU/EES@EES, Iris Waser/HOU/EES@EES
Subject: Reminder - Level Setting Mtg-California Markets Focus Group EB2868



12/27/00

Time Location Call In # Pass Code

10:00 Central Standard Time EB 2868 1-800-713-8600 80435

This is a recurring daily meeting until further notice (this invitation will
schedule your calendar through 1/31/01).

Time, Call In #, and Pass Code are the same for all meetings. Conference
room location will be changed as soon as possible to better accommodate the
participants.


Note: Optional Invitees FYI Only

Please call me if you have any questions

Leticia

x-58752