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Subject:Nevada Blocks Sale of Generation Plants; Re-Regulation Now Likely
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Date:Wed, 4 Apr 2001 05:06:00 -0700 (PDT)

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[IMAGE]
IssueAlert for April 4, 2001=20

Nevada Blocks Sale of Generation Plants;=20
Re-Regulation Now Likely for State

by Will McNamara=20
Director, Electric Industry Analysis

[News item from California Energy Markets] Nevada officials rushed through=
=20
measures designed to stop the sale of power plants by Sierra Pacific Power=
=20
and Nevada Power with a total value estimated at $1.7 billion. The Nevada=
=20
Assembly voted to pass Assembly Bill 369, which halts the plant sales and=
=20
stops restructuring in the state. =20

Analysis: For the last several weeks, Nevada officials monitoring the energ=
y=20
industry in the state have oscillated between assisting the financially=20
strapped utilities under parent company Sierra Pacific Resources, or=20
preventing what they fear will be a repeat of the California energy crisis.=
=20
The measure taken late last week by the Nevada Assembly is essentially an=
=20
attempt to ensure cost-based rates in the state, reduce the potential risk =
of=20
summer blackouts and wait out the uncertainty surrounding power supply and=
=20
electricity prices in the West. However, the measure does little to allevia=
te=20
the financial burden weighing on Nevada's major utility companies, and in=
=20
fact raises the possibility for further debts that Sierra Pacific and Nevad=
a=20
Power may have to carry to comply with several of the measure's related=20
requirements. =20

The key provision of Assembly Bill 369 blocks the sale of power plants befo=
re=20
July 1, 2007, although Nevada utilities will be allowed to apply to the=20
Public Utilities Commission of Nevada (PUCN) for plant sales that include a=
=20
state of "substantial financial emergency" after July 1, 2003. The measure=
=20
directly impacts a pending sale to AES Corp. of a 14-percent interest (220=
=20
MW) in the Mohave Generating Station, located in Laughlin, Nev., that is=20
presently owned by Nevada Power. AES had agreed to pay $133.5 million for t=
he=20
14-percent interest in the plant. Under terms of the state's restructuring=
=20
legislation, Nevada Power and Sierra Pacific Power were ordered to sell the=
ir=20
power plants to alleviate concerns about market power. Toward that end, the=
=20
holding company and its wholly owned utility subsidiaries commenced a publi=
c=20
auction of approximately 2,900 MW of power generation facilities. =20

Of Sierra Pacific Resources' nine power plants, which are mostly fired by=
=20
natural gas and coal, seven had been entered into sales agreements and were=
=20
awaiting final approval when this Assembly measure was passed. The PUCN had=
=20
actually approved the sale of the Mohave plant last year, representing the=
=20
first sales transactions of one of the utilities' plants. However, since th=
e=20
PUCN granted its approval of the Mohave plant, Nevada officials have grown=
=20
increasingly concerned about instability in the Western power markets and t=
he=20
power supply problems in California. =20

Tom Hay, chief of the Nevada Attorney General's Bureau of Consumer=20
Protection, initiated the block against the sale out of concern about power=
=20
supply in the state. Specifically, Hay proposed that the Mohave plant shoul=
d=20
remain under the control of Nevada Power for the time being because it burn=
s=20
coal, a low-cost fuel that can be relied upon to stave off blackouts in the=
=20
state. In addition, Hay raised the concern that, should the sale of the pla=
nt=20
be approved, the new owner AES could decide to sell the power produced by t=
he=20
plant outside of the state after a two-year buy back agreement expires in=
=20
2003. By keeping the Mohave and other generating plants under the ownership=
=20
of Nevada utilities, state officials believe that they can retain regulator=
y=20
control over the price of power. =20

Nevada Governor Kenny Guinn agreed that the plants should not be sold at th=
is=20
time and said that keeping the plants would protect Nevadans against high=
=20
prices on the wholesale power markets. Guinn also expressed his intention t=
o=20
block restructuring in the state throughout his term as governor, which end=
s=20
in 2003. If he is elected for a second term and can see that the markets ha=
ve=20
stabilized in the West, Guinn said he would consider allowing competition i=
n=20
the state sometime after 2003.=20

For its part, AES says that it will seek legal action to force the sale of=
=20
the plant to proceed. AES argues that the Nevada Assembly's measure is not=
=20
constitutional and violates the sales contract already approved by the PUCN=
.=20
AES also pointed out that the Mohave plant is 30 years old and will require=
=20
significant repairs and improvement, an investment that it was willing to=
=20
make but one that would cause an unnecessary financial burden on Nevada=20
Power.=20

Moreover, the negative financial impact that the Nevada Assembly's measure=
=20
might cause is a major point of contention for Nevada Power and Sierra=20
Pacific (along with the two Assembly members who voted against the measure)=
.=20
A spokesperson for the utilities said pending sales of power plants would=
=20
provide the two companies with about $1 billion in cash, which "would go a=
=20
long way to help us buy fuel and purchase power." As I discussed in my 3/8/=
01
IssueAlert the utilities' parent company Sierra Pacific Resources continues=
=20
to struggle financially, so much so that a pending acquisition of Portland=
=20
General has now been scrapped. Sierra Pacific Resources reported a=20
significant fourth-quarter loss ($18.2 million) as a result of soaring cost=
s=20
of power in the western United States. The company incurred losses as a=20
direct result of "the growing and unrecovered cost of purchased power in th=
e=20
volatile wholesale market." The company attributed the latest quarter's los=
s=20
to nearly $258 million of unanticipated fuel and purchased power costs.=20
Although the Nevada Assembly's measure passed with a 9-2 vote, one assembly=
=20
member recognized the fact that if "we weaken [the utilities] to the point=
=20
where they can't borrow to purchase fuel, we won't have power." Consequentl=
y,=20
the state could still find itself with a compromised power supply, despite=
=20
its efforts to retain state control over existing power plants.=20

Additional financial burden could be placed on Nevada Power and Sierra=20
Pacific as a result of other requirements that are included in related=20
Assembly measures. For instance, AB 418 calls for gradually increasing the=
=20
amount of green power used by the utilities to 15 percent (from its current=
=20
0.2 percent). The bill allows for the PUCN to fine the utilities $10,000 a=
=20
day or a total of $3 million for failing to buy the required amount of=20
renewable energy. Although a representative of Sierra Pacific Resources sai=
d=20
that the company supports the use of renewable power, the Assembly measure'=
s=20
requirement was considered "so much, so quick, so fast."=20

The block on the power sales and indefinite delay in the start of competiti=
on=20
essentially returns Nevada to a re-regulated state. This is another example=
=20
of the continuing fallout that has resulted from the California energy=20
crisis, especially among neighboring states in the West. As another example=
,=20
New Mexico recently decided to also delay the start of competition until=20
2007. Western states, which in one way or another have felt the direct impa=
ct=20
of the power crunch in California, have become more cautious about=20
deregulation and seemingly are in no hurry to open their markets to=20
competition (despite the fact that deregulation proceeds in other areas of=
=20
the country).=20

However, unlike California, where the state government now has an active ro=
le=20
in purchasing power and may take over the utilities' transmission assets,=
=20
Nevada Gov. Guinn has expressed no interest in having the state or local=20
governments take over the jobs of electric utility companies. Rather, Guinn=
=20
merely wants to retain the control that the state traditionally has had ove=
r=20
setting utility cost-based rates, an authority that would become diluted if=
=20
out-of-state power companies own generation assets located in Nevada.=20
Further, Guinn wants to return to deferred energy rates (also known as=20
fuel-adjustment clauses), in which a utility is allowed to seek=20
dollar-for-dollar adjustments in rates to recover costs associated with=20
purchasing power on the wholesale market. As opposed to monthly rate=20
increases, Guinn believes that an annual rate increase=01*which Nevada Powe=
r and=20
Sierra Pacific would have to request and justify=01*would "smooth out the u=
ps=20
and downs of power and fuel costs over the year." In addition, Guinn believ=
es=20
that the combination of state regulation and cost-based rates offers a bett=
er=20
strategy for the state than attempting retail competition at this time. To=
=20
supplement power supply, Guinn believes that Nevada should promote the use =
of=20
merchant plants rather than relying on the incumbent utilities to build=20
additional generation. =20

Moreover, the Nevada Assembly measure brings competition in the state to a=
=20
screeching halt (at least for the next few years). However, the larger issu=
e=20
at hand presently is the precarious financial state of Sierra Pacific=20
Resources and its utilities. Without the cash that would have been gained=
=20
from the sales of its power plants, it is unclear how Sierra Pacific=20
Resources will be able to pull itself out of debt. The utility already=20
received an emergency rate increase last month, so any attempt to secure=20
additional increases would surely be politically unpopular. Gov. Guinn's=20
proposal regarding deferred energy rates may provide a mechanism to bring=
=20
Sierra Pacific's rates more in line with its costs, but most likely such a=
=20
rate increase would take effect only once a year. Meanwhile, Sierra Pacific=
=20
must still procure some power on the wholesale market, where prices remain=
=20
high (a situation that could get ever worse this summer if warm temperature=
s=20
drive up demand). Thus, ironically, as much as state officials have tried t=
o=20
avoid the energy crisis found in its western neighbor, Nevada is increasing=
ly=20
exhibiting some of the same fundamental problems found in California. =20

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