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From:jeff.dasovich@enron.com
To:richard.shapiro@enron.com, paul.kaufman@enron.com, d..steffes@enron.com,susan.mara@enron.com
Subject:Dan Walters: Edison bailout plan is oddest piece of legislation in
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Date:Wed, 29 Aug 2001 07:51:08 -0700 (PDT)

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Copyright ? The Sacramento Bee <http://www.sacbee.com/about_us/legal<=20


Dan Walters: Edison bailout plan is oddest piece of legislation in recent m=
emory



(Published Aug. 29, 2001)=20

Senate Bill 78XX may be the most unusual legislation to hit the Capitol in =
decades, in terms of both its content and its convoluted political dynamics=
.=20

The measure is the latest incarnation of months-long efforts by Gov. Gray D=
avis and some legislators to rescue Southern California Edison from joining=
its larger cousin, Pacific Gas and Electric, in bankruptcy court. That is =
odd unto itself, since state legislation to openly provide billions of doll=
ars in benefits to one private corporation may be unprecedented.=20

Literally dozens of versions of legislation to bail out Edison have floated=
around the Capitol, ever since Davis announced last spring that he had rea=
ched agreement with John Bryson, chairman of Edison International, the util=
ity's parent corporation. The Edison deal was announced just a few days aft=
er PG&E rejected Davis' overtures and took itself into bankruptcy court. Bo=
th utilities ran up many billions of dollars in debts buying power in the l=
ast six months of 2000 because the state rejected their pleas to raise reta=
il rates.=20

Edison's -- or perhaps Bryson's -- fear of bankruptcy is another puzzling a=
spect of the issue, given the almost cheerful manner in which PG&E placed i=
tself in receivership. Edison has spent millions of dollars on lobbying, ad=
vertising and other forms of political persuasion, trying to nudge the Legi=
slature into passing a rescue plan that lawmakers are clearly reluctant to =
do.=20

Is avoiding bankruptcy a matter of personal pride for Bryson? Or, as some s=
uggest, does it stem from Edison's tardiness in erecting an impregnable fin=
ancial fire wall between the utility's assets and those of the parent holdi=
ng company, Edison International? Edison scrambled to build a fire wall aft=
er bankruptcy loomed, but financial analysts are uncertain that it's as str=
ong as PG&E's.=20

The dynamics within the Capitol and among various interest groups are equal=
ly odd, following none of the patterns that usually explain why politicians=
do what they do. Legislators of both parties are all over the map on the E=
dison issue, and factions that are ordinarily allied find themselves at odd=
s. One example: Liberal consumer groups are strenuously opposing any bailou=
t for the utility, while liberal environmentalists like the current scheme =
because it would bring thousands of acres of Edison-owned Sierra watershed =
under state control.=20

Perhaps the most mysterious aspect of the Edison situation is why Davis, or=
dinarily the most cautious, commitment-averse of politicians, is making suc=
h a crusade of keeping the utility out of bankruptcy court. Why would Davis=
put so much of his gubernatorial prestige behind such an iffy proposition =
that exposes him to leverage from lawmakers seeking other favors from the g=
overnor and, polls indicate, is not popular with voters?=20

Harvey Rosenfield, the consumer gadfly who has established a "war room" nea=
r the Capitol to fight the Edison scheme, believes that Davis' unusual effo=
rts stem from a desire to run for president in 2004 and a fear that Wall St=
reet would blackball him if Edison follows PG&E into bankruptcy court.=20

Another possible explanation is Davis' decades-long relationship with Bryso=
n. The two served together in former Gov. Jerry Brown's administration (Bry=
son was Brown's Public Utilities Commission president) and both have strong=
ties to the Democratic political organization in West Los Angeles headed b=
y Reps. Henry Waxman and Howard Berman, who, in effect, allowed Davis to la=
unch his career by winning a West Side state Assembly seat in 1982.=20

The most influential member of Edison's board of directors is Warren Christ=
opher, a Democratic elder statesman and former secretary of state. Bryson a=
nd Christopher flew to Sacramento late last year to plead with Davis to tak=
e command of the energy crisis, allow utilities to raise rates and staunch =
the red ink. Davis refused, and nearly a year later finds himself trying to=
keep Edison out of bankruptcy court.=20

We may never know why Davis is going to bat for Edison, but we will know, v=
ery soon, whether he can pull it off or will wind up with egg on his face.=
=20

_____ =20


The Bee's Dan Walters can be reached at (916) 321-1195 or dwalters@sacbee.c=
om <mailto:dwalters@sacbee.com<.


-----Original Message-----=20
From: Shapiro, Richard=20
Sent: Wed 8/29/2001 5:52 AM=20
To: Dasovich, Jeff; Kaufman, Paul; Steffes, James D.; Mara, Susan=20
Cc:=20
Subject: RE: SBX2 78 - Update



Agree- it's all on his shoulders.=20


-----Original Message-----=20
From: Dasovich, Jeff=20
Sent: Wed 8/29/2001 12:31 AM=20
To: Shapiro, Richard; Kaufman, Paul; Steffes, James D.; Mara, Susan=20
Cc: =20
Subject: RE: SBX2 78 - Update=20

With Jim in Sacramento tomorrow, and hearings scheduled to discuss addition=
al amendments, seems like a good opportunity for Jim to testify and knock s=
ome sense into the damn committee. They won't know what hit 'em.


Best,=20
Jeff=20

-----Original Message-----=20
From: Scott Govenar=20
Sent: Tue 8/28/2001 8:42 PM=20
To: Sharma, Ban; Leboe, David; Eric Letke; Thome, Jennifer; Ken Smith; Bev =
Hansen; Hedy Govenar; Buster, Miyung; Guerrero, Janel; Robert Frank; Mike D=
ay; Lawner, Leslie; Kingerski, Harry; Karen Denne; Kean, Steven J.; Alan Co=
mnes; Susan J Mara; Kaufman, Paul; Jeff Dasovich; Steffes, James D.; Rick S=
hapiro=20

Cc:=20
Subject: SBX2 78 - Update=20



The Assembly Energy, Costs and Availability Committee heard and voted on=20
amendments to SBX2 78 proposed by many interested parties. Some passed,=20
some failed and most of them served to further confuse the committee=20
members. Eventually the committee stalled on detailed proposals made by=20
TURN and other consumer groups.=20

During the hearing Hedy had the opportunity to speak to Nancy McFadden and=
=20
Richard Katz from the Governor=19 s office regarding a couple of issues=20
highlighted by Jeff and Mike Day. Richard said he is willing to make more=
=20
technical amendments when the bill gets to Appropriations. Subsequently,=
=20
Hedy and I spoke to D.J. Smith at Jeff=19 s request. D.J. agreed that the =
bill=20
needs to use the August 24th date as a grandfather date for executed DA=20
contracts, but specifically asked that we (Enron) not speak to Richard abou=
t=20
it. He said he will have the business entities request it as a clarifying=
=20
amendment. If we request it, he thought Richard would be less likely to=20
believe it's clarifying since he believes our motives to be too=20
self-serving. Also, we spent some time with Lenny Goldberg on direct=20
access. We suggested that =1C shall=1D be changed to =1C may=1D in order t=
o give more=20
leeway to the PUC on direct access suspension. He didn=19 t necessarily op=
pose=20
the policy, but his position is not to amend a bad bill unless you can=20
totally rewrite it (which he later attempted to do).=20

A lobbyist for a significant generator told us that they are prepared to=20
push Edison into bankruptcy (along with the Canadian government) if this=20
bill passes.=20

There is no consensus that this measure will ever get to the Governor=19 s=
=20
desk.=20

The committee will meet again tomorrow at approximately 1:30 p.m. to vote o=
n=20
additional amendments and ultimately to vote on the complete bill.=20