Enron Mail

From:jeff.dasovich@enron.com
To:tom.briggs@enron.com
Subject:CA Legislative Committee Hearing on California Border Gas Prices
Cc:
Bcc:
Date:Thu, 26 Apr 2001 11:07:00 -0700 (PDT)

I'll make sure that you're on this distribution list (you're not currently =
on=20
it, right?).

Best,
Jeff
----- Forwarded by Jeff Dasovich/NA/Enron on 04/26/2001 06:07 PM -----

=09Jeff Dasovich
=09Sent by: Jeff Dasovich
=0904/26/2001 05:42 PM
=09=09=20
=09=09 To: Alan Comnes/PDX/ECT@ECT, Angela Schwarz/HOU/EES@EES, Beverly=20
Aden/HOU/EES@EES, Bill Votaw/HOU/EES@EES, Brenda Barreda/HOU/EES@EES, Carol=
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=20
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gfergus@brobeck.com, Susan J Mara/NA/Enron@ENRON
=09=09 cc:=20
=09=09 Subject: CA Legislative Committee Hearing on California Border Gas P=
rices

FYI. This is the presentation that the Brattle Group---a consulting group=
=20
that Edison has long used on gas issues in California---gave last week to t=
he=20
legislative committee investigating wholesale gas prices at the California=
=20
Border. The day following this presentation (which was followed by a=20
presentation by the California PUC's FERC lawyer), the committee called El=
=20
Paso and Dynegy to respond to Brattle's and the CPUC FERC lawyer's=20
presentations. Also attached is the best synopsis of the hearing that I've=
=20
seen in the press.

Best,
Jeff
***************************************************************************=
***
****************************************************
Competing evidence clouds Calif. investigation

Prompted in part by the California Public Utilities Commission, the=20
California Assembly
has been scrutinizing the role that interstate pipelines have played in the=
=20
state=01,s current
energy crisis. In the efforts to find a smoking gun, legislators have leane=
d=20
heavily on a
report prepared by The Brattle Group, a consultancy commissioned by utility=
=20
Southern California
Edison to dig up evidence of market power abuse.

But the state=01,s biggest transporter of gas to California -- El Paso Natu=
ral=20
Gas -- is not
ready to take the rap. The pipeline has commissioned its own study, which i=
t=20
recently presented
as evidence that it has not circumvented any laws or regulation.

As reported in both the trade press and national media, SoCal Ed and the CP=
UC=20
are pointing
the finger of blame at El Paso for alleged manipulation of California borde=
r=20
prices through
affiliate deals and capacity hoarding. And exhibit A in their case against =
El=20
Paso is The Brattle
Group=01,s study of the California market.

Richard Zeiger, a spokesman for Assembly Member Darrell Steinberg, chairman=
=20
of the
California Assembly Judiciary Committee, told Gas Daily that The Brattle=20
Group=01,s market
study proved that the surge in gas prices at the California border was not=
=20
caused by normal
market forces (GD 4/20). His remarks followed an oversight hearing during=
=20
which Assembly
members questioned Dynegy and El Paso officials about their involvement in=
=20
the California
market.

El Paso presented a different version of events to the Assembly. In a repor=
t=20
presented to
legislators, a research group hired by El Paso concluded that a convergence=
=20
of factors, not a
conspiracy, caused the price run-up.

Lukens Consulting Group, a Houston-based consultancy, was retained by El Pa=
so=20
to conduct
work on several fronts. In its study of the California market, Lukens=20
concluded that the
increasing convergence of the gas and electricity businesses was one of the=
=20
main culprits in the
California gas price imbroglio.

Assemblyman John Campbell, a Republican member of the oversight committee,=
=20
said he
"didn=01,t see any smoking gun" in either report.

"We had our committee hearing, and we certainly had a lot on the Brattle=20
Study and a little
on the Lukens study. To some degree, I=01,m not sure that the California=20
legislature is the best
place to adjudicate the differences between these two studies," Campbell=20
said. "I believe FERC
is looking at this situation " and it would seem to me that that=01,s the=
=20
appropriate place."

Campbell said that the CPUC had been prodding the California legislature to=
=20
give support
to its claims of market power abuse by pipelines. "It=01,s being pushed=20
basically by the Public
Utilities Commission here, which believes that there was collusion" by=20
pipeline companies to
push up gas prices in California, he said.

The CPUC, Campbell suggested, sought satisfaction before the California=20
assembly when
it had failed on the federal level: "There=01,s a concerted effort, not jus=
t on=20
natural gas but on other
things here in California, for entities and organizations here to point the=
=20
finger elsewhere for
the problems that we=01,re having in this state and I think you=01,re seein=
g some=20
of that with the
public utilities commission."

Whether either report wins over the public incensed by high natural gas=20
prices is a different
matter entirely. In the meanwhile, the dueling California market studies se=
em=20
to have taken
on a life of their own.

The Brattle Group Study, for instance, has become the center of a heavily=
=20
litigated effort to
force FERC to compel the release of market data by California market=20
participants. Following
on a request by SoCal Ed, which said it needed additional data to round out=
=20
The Brattle Group
report, FERC Chief ALJ Curtis Wagner issued subpoenas to the other three=20
major pipelines that
serve the state as well as to Sempra Energy Trading.

Several parties resisted FERC=01,s call for market information, saying the=
=20
requested data
contained commercially sensitive information. FERC allowed the discovery=20
process to move
forward but only after attaching strict data protection rules restricting=
=20
access to evidence
(GD 4/23).

Critics of the pipeline industry have already suffered one setback in their=
=20
case. The commission
recently dismissed the CPUC=01,s claim that El Paso rigged the auction of a=
=20
large block of
pipeline capacity in favor of affiliate El Paso Merchant Energy. In=20
addressing the California
Assembly, representatives of Dynegy said that FERC=01,s recent ruling on th=
e=20
California border
controversy obviated the need for more investigation.

The controversy, however, is far from over. FERC last month also ordered a=
=20
hearing into
whether El Paso Natural Gas and its affiliates manipulated capacity to driv=
e=20
up the price of gas
delivered into California (GD 3/29). That hearing is likely to take place=
=20
this summer. (RP00-
241, et al.) NH

----- Forwarded by Jeff Dasovich/NA/Enron on 04/26/2001 05:23 PM -----

=09Douglas.Porter@sce.com
=0904/19/2001 11:36 AM
=09=09=20
=09=09 To: jeff.dasovich@enron.com
=09=09 cc:=20
=09=09 Subject: Sacramento Pres Final 4_13_01(projected).ppt


Per your request, attached are the presentation slides from yesterday.

Douglas Porter, Senior Attorney
Southern California Edison Company
(626)302-3964
(626)302-3990(fax)
douglas.porter@sce.com(See attached file: DRT2486.PPT)
- DRT2486.PPT