Enron Mail

From:miyung.buster@enron.com
To:ann.schmidt@enron.com, bryan.seyfried@enron.com, dcasse@whwg.com,dg27@pacbell.net, elizabeth.linnell@enron.com, filuntz@aol.com, james.steffes@enron.com, janet.butler@enron.com, jeannie.mandelker@enron.com, jeff.dasovich@enron.com, joe.hartsoe@enron
Subject:Energy Issues
Cc:
Bcc:
Date:Tue, 27 Mar 2001 04:06:00 -0800 (PST)

Please see the following articles:

Contra Costa Times, Tues, 3/27: "Rate hike in the offing"

Contra Costa Times, Tues, 3/27: "Power Rate Hike Reaction Mixed

Sac Bee, Tues, 3/27: "State Proposeselectric rate hike: PUC suggests 30=20
percent average increase;
industry hit hardest"

Sac Bee, Tues, 3/27: "Cox new minority leader in GOP coup: Assembly=20
conservatives want to flex energy muscle"

Sac Bee, Tues, 3/27: "Dan Walters: An absolutely incredible tale"

Sac Bee, Tues, 3/27: "Daniel Weintraub: No crisis is big enough to slow=20
Davis' fund spree"

San Diego Union, Mon, 3/26: "Energy woes give nuclear plants a life=20

San Diego Union, Mon, 3/26: "Top State Regulators Proposes 40 percent rate=
=20
increase"

San Diego Union, Mon, 3/26: "Supplier Duke offers to forego some charges"

LA Times, Tues, 3/27: "PUC to Vote on Big Rate Hike; OK Is Likel"

LA Times, Tues, 3/27: "Davis Ducks Reality on Electricity 'Overcharges' " =
=20
(Commentary)

SF Chronicle, Tues, 3/27: "PG&E Bills Set to Rise 40%=20
TIERED RATES: PUC meets today, expected to enact system penalizing heavy=20
users"

SF Chronicle, Tues, 3/27: "Governor's Static Cling May Cost Him Politicall=
y=20
Davis acts stunned at PUC's proposed rise in energy rates"

SF Chronicle, Mon, 3/26: "Pleas for Warning Of Next Blackout=20
ISO to address customers' biggest gripe about outages"

Mercury News, Mon, 3/26: "PUC set to give up on rate freeze; increases up =
to=20
36% likely"

Mercury News, Mon, 3/26: "Gov. Davis' hard line against higher rates is fu=
el=20
for challengers"

Mercury News, Mon, 3/26: "Consumer frustrations keeps pace with rate hikes=
"

Orange County, Tues, 3/27: "Seeing the light in energy crisis" (Commenta=
ry)

Orange County, Tues, 3/27: "Power rates may surge"

Orange County, Tues, 3/27: "Senators struggle with PG&E rescue talks"

Orange County, Tues, 3/27: "Resigned to Higher rates
Business officials see little option, though product prices will likely go =
up"

---------------------------------------------------------------------------=
---
---------------------------------------------------------------------




Rate hike in the offing
By Mike Taugher
TIMES STAFF WRITER=20
SAN FRANCISCO -- An energy crisis that has already brought widespread power=
=20
blackouts is now set to hit Californians' bank accounts with a large rate=
=20
increase that is headed for approval today.=20
State regulators are weighing a 30 percent hike on electricity rates that=
=20
would come on top of a smaller, temporary rate increase that was adopted in=
=20
January. The temporary increase also is expected to be made permanent today=
=20
by the Public Utilities Commission.=20
Still to be determined is the question of who will bear the brunt of the ra=
te=20
increases, which are expected to appear on the May bills of California's 7.=
5=20
million utility customers.=20
Loretta Lynch, president of the Public Utilities Commission, said the rate=
=20
increases are needed to replenish more than $4 billion in ongoing electrici=
ty=20
purchases by the state treasury and allow utilities to continue to buy=20
electricity from alternative energy companies.=20
The rate increase also satisfies conditions that are needed before the stat=
e=20
can borrow $10 billion or more to finance its power buys.=20
Lynch also said she will propose a tiered rate structure that would penaliz=
e=20
those who use the most electricity and leave nearly half the state's utilit=
y=20
customers, who use relatively little, untouched by the increase.=20
Seen as inevitable by many observers, the politically volatile issue of rat=
e=20
hikes is nevertheless another admission that the state's foray into=20
electricity deregulation, which was supposed to lead to cheaper and more=20
plentiful electricity, has failed.=20
Consumer groups, calling the proposed rate hikes a $4.8 billion gift to=20
utilities, responded by saying they would hasten plans to take the state's=
=20
energy mess to voters through a ballot initiative. Among their proposals:=
=20
rolling back rates, forcing a state takeover of power plants or implementin=
g=20
an excess profits tax on energy companies.=20
"The ratepayer revolt is under way," said Harvey Rosenfield, president of t=
he=20
Foundation for Taxpayer and Consumer Rights. "The voters are going to have =
to=20
take matters into their own hands at the ballot box. It will be a bloodbath=
."=20
Meanwhile, Gov. Gray Davis immediately distanced himself from the rate-hike=
=20
proposal.=20
"The governor believes tiered pricing could promote the conservation=20
California needs if structured properly but was not convinced of that by th=
e=20
data made available to him last week," according to a statement from Davis'=
=20
office Monday. "He has asked for more information, which should be availabl=
e=20
this week. The governor has not had conversations with any commissioners=20
about a potential rate hike. It is still his hope and expectation that this=
=20
matter can be resolved within the existing rate structure."=20
Some observers were incredulous, noting Davis' reputation as a micromanager=
=20
who keeps appointees on a short leash.=20
"The PUC has been run like his personal cabinet for a year and a half," sai=
d=20
Gary Ackerman, director of the Western Power Trading Forum, a Menlo=20
Park-based association of electricity generators and traders. "This one's g=
ot=20
me floored. The governor once again is a day late. The Oscars for best acto=
r=20
were last night."=20
Confronted with teetering utilities, alternative energy companies that were=
=20
refusing to sell power in the state and state coffers bleeding by about $50=
=20
million a day, Lynch unveiled a set of four interwoven decisions that the=
=20
commission is scheduled to vote on today.=20
The measures would:=20
Raise consumer rates by 3 cents per kilowatt-hour, and make permanent a 1=
=20
cent temporary hike implemented in January. Before the January rate hike,=
=20
Pacific Gas & Electric Co. customers paid a 9.4 cents per kilowatt-hour for=
=20
electricity, 5.4 cents of which was earmarked for the utility's energy buys=
.=20
If the hike is approved, those figures will rise to 13.4 cents per=20
kilowatt-hour on average, 9.4 cents of which will be used for electricity=
=20
purchases.=20
Determine how much of that money will be used to reimburse the state=20
treasury, which has committed more than $4 billion to electricity purchases=
=20
since mid-January. Lynch said Monday that although the state has not yet=20
submitted data on its power buys, she believes the proposed rate hike will=
=20
fully reimburse state coffers.=20
Order the utilities to pay alternative energy companies, some of which have=
=20
shut down operations because they are not getting paid. The order would app=
ly=20
to buys already under contract but not to the $1.5 billion that the utiliti=
es=20
owe for electricity already used.=20
Launch a PUC investigation into whether the utilities have improperly=20
sheltered profits in their holding companies and subsidiaries.=20
The proposals focus on the state's power buys and the utilities' upcoming=
=20
power purchases and do nothing to address directly the mountain of debt tha=
t=20
the utilities have accumulated. PG&E and Southern California Edison owe ban=
ks=20
and energy companies billions.=20
"We're still going through the proposed decisions and would like to wait=20
until we have fully analyzed the material before we comment on it," said Ro=
n=20
Low, a spokesman for PG&E.=20
By raising rates, state regulators would lessen the severity of blackouts=
=20
this summer but would probably not prevent them entirely, according to=20
industry groups.=20
"In any circumstance, we're going to have a very difficult summer," said Ja=
n=20
Smutny-Jones, director of the Independent Energy Producers Association. "It=
's=20
too early to say how sufficient it is, but it (the commission's willingness=
=20
to raise rates) is an important recognition of reality."=20
Lynch acknowledged the measures will only partly address electricity=20
problems.=20
She called on federal regulators to impose regionwide caps on the wholesale=
=20
electricity market and order more refunds when prices have been unreasonabl=
y=20
high.=20
If the commission adopts the rate hike today, its next step will be to=20
determine who pays what portion.=20
Staff writer Matt Sebastian contributed to this story.=20
Mike Taugher covers the environment and energy. Reach him at 925-943-8324 o=
r=20
mtaugher@cctimes.com.=20
---------------------------------------------------------------------------=
---
-------------------



Published Tuesday, March 27, 2001=20
Power rate hike reaction mixed
Wall Street likes proposal, but local business leaders have some misgivings=
=20
BY RICK JURGENS=20
TIMES STAFF WRITER=20
The electricity rate hike proposed Monday by the state's top utility=20
regulator elicited cheers on Wall Street, where the prices of California=20
utility stocks rose about 30 percent, but got a more cautious reaction from=
=20
local business leaders.=20
"This is a regrettable necessity," said Justin Bradley, energy program=20
director for the Silicon Valley Manufacturing Group, a San Jose-based group=
=20
of 190 technology employers.=20
A rate hike won't in itself solve the state's electricity crisis, said Bruc=
e=20
Kern, executive director of the Economic Development Alliance for Business =
in=20
Oakland. Reliability is the key business concern about electricity, and=20
restoring reliability will require more generating capacity and conservatio=
n=20
assistance for companies, he said.=20
Despite a surge in wholesale electricity costs since April 2000, California=
=20
regulators have allowed only a 9 percent increase in retail prices and Gov.=
=20
Gray Davis has adamantly rejected calls for further rate hikes. But Public=
=20
Utilities Commission President Loretta Lynch, a Davis appointee, signaled=
=20
that the administration may be ready to retreat with a plan to hike the=20
average retail price by 3 cents a kilowatt hour. That would be a 46 percent=
=20
increase over the current average rate in the PG&E service area of 6.4 cent=
s=20
a kilowatt hour, excluding distribution and other costs not directly relate=
d=20
to power procurement.=20
That didn't faze Allan Zaremberg, president of the California Chamber of=20
Commerce. "We have looked at it as inevitable for some time," he said of th=
e=20
rate hike. Higher natural gas costs, along with the dry winter that reduced=
=20
the availability of hydroelectric power throughout the West, were bound to=
=20
boost retail bills, he said.=20
Bradley, speaking for tech manufacturers, said Lynch's plan promises to ste=
m=20
the tide of state agency spending on electricity, direct some revenue towar=
d=20
small generators and put some downward pressure on wholesale prices but is=
=20
only one step toward a long-term solution. "We need an overall philosophy a=
nd=20
strategy to restore normalcy to this market," he said.=20
Lynch, who described her offering as "merely a proposal to jumpstart the=20
public process of rate design," included as a "principle" plans to narrow t=
he=20
gap between residential rates and those of industrial users, whose average=
=20
bill now logs in at about 3 cents a kilowatt hour less. Lynch suggested tha=
t=20
that differential be shaved by about a penny an hour.=20
That isn't the direction that Kern would like to see things move. "Our main=
=20
concern would be that if there is a rate increase it be (done) equitably an=
d=20
not disproportionately affect business in this region," he said. "We're=20
beginning to hear employers say, 'Maybe it's just too costly to do business=
=20
here,'" he warned.=20
Higher electricity rates might force price increase and a cutback in=20
expansion plans at Helios Farms Nursery in Brentwood, which runs electric=
=20
water pumps for up to eight hours a day during the summer. "It's too soon t=
o=20
tell the affect" of the rate increase, said Maria Orfanos, one of the owner=
s.=20
"We'll have to see what happens this summer. We need to water the plants."=
=20
But rate hikes promise to remove the cloud of debt -- billions of dollars=
=20
worth -- that now hovers over the utilities. The gap between high wholesale=
=20
prices and fixed retail rates cost PG&E as much as $4.1 billion in after-ta=
x=20
profits during 2000, the company said in a securities filing Monday. But th=
at=20
didn't seem to bother investors, whose heavy buying made California utiliti=
es=20
among the stock market's big gainers Monday. PG&E's stock closed at $13.75,=
=20
up $3.10 or 29.1 percent, and Edison International, Southern California's=
=20
largest electricity seller, closed at $14.55, up $3.35 or 29.9 percent.=20
Edison issued a late-day response to Lynch's move that seemed designed to=
=20
dampen investors' enthusiasm. "A cursory review of the multiple complex=20
proposals suggests that substantial improvements will be needed if they are=
=20
to fully align costs with rates and restore the creditworthiness of the=20
state's utilities in the eyes of the financial community," it said. Edison=
=20
also called for the PUC to allow "flexibility to meet unknown future shifts=
=20
in the costs of generation."=20
A PG&E spokesman said the company was still analyzing the "inch-thick stack=
=20
of materials" and had no comment. An earlier PUC proposal to require the=20
utility to pay small generators would leave the utility with "insufficient=
=20
revenues ... to recover the cost of its own generation" and to pay other=20
contracted generators, it said in its filing.=20
Kern, the EDAB chief, said he was encouraged by the state's plan to issue=
=20
industrial revenue bonds to finance stand-by generators for businesses and =
to=20
install energy-efficient lighting.=20
Staff writer Chris Metinko also contributed to this report. Rick Jurgens=20
covers economic developments and trends. Reach him at 925-943-8088 or at=20
rjurgens@cctimes.com.=20
---------------------------------------------------------------------------=
---
------------------------------
State proposes electric rate hike: PUC suggests 30 percent average increase=
;=20
industry hit hardest=20
By Carrie Peyton and Dale Kasler
Bee Staff Writers
(Published March 27, 2001)=20
The wildfires sweeping California's electric market burned through to=20
consumers' wallets Monday, with a proposal that appeared virtually certain =
to=20
boost overall rates roughly 30 percent.=20
Some customers, including households that use little electricity, could be=
=20
spared entirely, while others, including some of the state's biggest=20
manufacturers, could see increases of close to 90 percent.=20
It would be the biggest rate increase in state history, and there is no=20
guarantee it would be enough to resolve California's electricity crisis,=20
state-funded ratepayer watchdogs said.=20
While Gov. Gray Davis sought to distance himself from the proposal, industr=
y=20
observers said it stretched credulity to imagine his appointees to the stat=
e=20
Public Utilities Commission would have gone against his wishes.=20
"Anyone who wants to claim this isn't part of his plan is going to fly in t=
he=20
face of everything he's told us. It's just not likely," said Camden Collins=
,=20
a Bay Area energy consultant who has held high-level posts with the PUC and=
=20
the state grid operator.=20
After a weekend marathon of last-minute calculations, the PUC issued a=20
wide-ranging, sometimes contradictory package of proposals Monday for=20
probable commission votes today.=20
In one of the biggest conflicts, a PUC administrative judge who oversaw rat=
e=20
hearings urged no increase at all, while commission President Loretta Lynch=
,=20
who leads a Davis-picked PUC majority, urged a hike of 3 cents per=20
kilowatt-hour.=20
Other key proposals include:=20
Making permanent a temporary 9 percent - 1 cent per kilowatt-hour - rate hi=
ke=20
imposed in January for customers of Pacific Gas and Electric Co. and Southe=
rn=20
California Edison.=20
Starting immediate discussions on designing rates that would fall hardest o=
n=20
the heaviest users, changes that could appear in May electric bills.=20
Revising the formula for paying alternative power producers, known as=20
"qualifying facilities," in a way that several said still wouldn't solve a=
=20
simmering payment dispute.=20
Creating a formula for utilities to pay the state for electricity purchases=
=20
made on their behalf since January, which appears to clear the way for the=
=20
state to issue power purchase bonds.=20
Reclassifying past debts and expenses to sharply cut utilities' estimates o=
f=20
their losses - a move sought by consumer groups.=20
Consumer groups blasted the proposal, investors welcomed it, and utilities=
=20
were cautious, with PG&E declining immediate comment and Edison saying it=
=20
still didn't go far enough. Generators and economists labeled it a good fir=
st=20
step.=20
"We have unfortunately come to the conclusion that a rate increase is=20
needed," Lynch said. "It's time to pay the power bills for California."=20
Customers of the Sacramento Municipal Utility District would not be affecte=
d,=20
although it is considering its own 16 percent rate hike, also driven by=20
skyrocketing wholesale costs.=20
Lynch's proposal would let PG&E collect an extra $2.3 billion annually from=
=20
customers, increasing PG&E's system average rate from 10.4 to 13.4 cents a=
=20
kilowatt-hour. That comes on top of January's 1-cent average increase, for =
a=20
total rate hike this year of more than 40 percent.=20
But individual rates could play out very differently. Some people would=20
escape entirely, including those on special low-income rates and residentia=
l=20
customers whose electricity use falls below a state-set threshold. Companie=
s=20
big enough to own their own substations could face hikes of 87 percent;=20
agricultural consumers, 10 percent to 24 percent; and other businesses, 41=
=20
percent to 58 percent.=20
"Electricity hogs will have to pay more," Lynch said.=20
For his part, Davis told reporters in Los Angeles, "As governor, I have not=
=20
decided there should be a rate increase, and as governor, I have not decide=
d=20
that tiered pricing makes sense."=20
Although Davis has appointed three of the PUC's five commissioners, he said=
=20
"I can't order or direct an independent body."=20
Davis' top staff members, however, have been in close communication with th=
e=20
commission. Industrial groups indicated the governor's staff was discussing=
=20
nearly identical rate hikes last week.=20
Michael Shames, head of the San Diego-based Utility Consumers' Action=20
Network, said, "This PUC doesn't do anything of this substance without the=
=20
governor's approval."=20
If they pass today, Lynch said, the new rate increases should be enough to=
=20
pay the qualifying facilities and the state for power that is produced or=
=20
purchased from now on. Still unresolved is whether additional rate hikes wi=
ll=20
be needed to cover billions that utilities say they are owed for past=20
purchases.=20
Several executives of the qualifying facilities said the plan wouldn't pay=
=20
them enough.=20
"I don't think it works," said Dean Vanech, president of Delta Power Co.,=
=20
which runs five gas-fired cogeneration plants in California. Four have been=
=20
closed because of lack of payment. "We'd lose money marginally on every=20
kilowatt we produce," he said.=20
Still, many in the private sector saw Lynch's statement as a sign that=20
progress was being made.=20
Investors drove both utilities' shares up nearly 30 percent. Edison=20
International rose $3.35 to $14.55. PG&E Corp. was up $3.10 to $13.75.=20
Stephen Levy, senior economist with the Center for Continuing Study of the=
=20
California Economy, said he thinks the state can weather the rate increase.=
=20
"Last year California absorbed a 50 percent increase in the cost of gasolin=
e=20
with no appreciable effect," Levy said.=20
Although California's economy will slow this year, it will be the result of=
=20
the national malaise and the troubles in the technology sector, not energy=
=20
costs, Levy said.=20
But the top increases will hit hard at businesses, including "cement, steel=
,=20
a lot of high tech, anybody in manufacturing," said Carolyn Kehrein, a=20
consultant to commercial power users. Some will flee the state, and many=20
others will either raise their own prices or cut back on salaries, she said=
.=20
In two hours of testimony before the PUC after the proposals were unveiled,=
=20
utility and consumer lawyers alternately praised and shredded them.=20
Noting utilities' last proposal was for a lower increase, Robert Finkelstei=
n,=20
attorney for The Utility Reform Network, said, "You're surpassing their=20
wildest dreams. That's very, very disturbing."=20
The Lynch plan relies heavily on a state bond offering to finance a major=
=20
portion of the Department of Water Resources' electricity purchases. In doi=
ng=20
so, "we are borrowing against the future to pay the extremely high rates of=
=20
today," said Severin Borenstein of the University of California Energy=20
Institute in Berkeley. "We're just paying it on an installment plan instead=
=20
of paying all right now."=20
But he said massive, immediate rate hikes could shock California into a=20
recession. "We're doing a balancing act," he said.=20
Bee staff writer Emily Bazar and correspondent Cheryl Miller contributed to=
=20
this report.=20

---------------------------------------------------------------------------=
---
---------------------------
Cox new minority leader in GOP coup: Assembly conservatives want to flex=20
energy muscle=20
By Jim Sanders
Bee Capitol Bureau
(Published March 27, 2001)=20
Assembly Republicans staged a two-hour coup Monday that ended with Sacramen=
to=20
County's Dave Cox being named minority floor leader, a move sparked by=20
conservatives pushing for a more confrontational approach to the energy=20
crisis.=20
Cox, of Fair Oaks, vowed to be more "aggressive and proactive" on energy=20
issues. He declined to comment on reports that his predecessor, Bill Campbe=
ll=20
of Villa Park, was dumped in part because he was working too closely with=
=20
Democrats.=20
"We don't want to talk about individual personalities," Cox said when asked=
=20
why Campbell was replaced after less than five months in the leadership pos=
t.=20
"We don't want to sensationalize it. It's a family matter. We'll handle it =
in=20
the family."=20
Cox, 63, who is the sixth Assembly Republican leader since late 1995, has=
=20
significant experience in the energy field. He served for four years on the=
=20
Sacramento Municipal Utility District's governing board, and later spent si=
x=20
years as a Sacramento County supervisor before joining the Assembly in 1998=
.=20
Under his leadership, Cox said, Republicans will articulate an energy crisi=
s=20
"game plan" and specific measures to help generate adequate power supplies =
by=20
2004.=20
Although Republicans hold only 29 seats in the 80-member Assembly, Cox said=
=20
that does not mean the party has no control over legislation.=20
"You have as much power as you think you have," he said.=20
Privately, Assembly Republicans said Cox's selection was driven by a feelin=
g=20
that they need to further distance themselves from Gov. Gray Davis' power=
=20
plans and by several key energy-related developments within the past week:=
=20
The Legislature is bracing to vote on separate bills that would provide=20
long-term contracts for alternative energy providers and would set the stag=
e=20
for California to market billions in bonds to buy electricity in years to=
=20
come.=20
Both those votes require a two-thirds majority to take effect immediately,=
=20
meaning that at least five Republicans would have to join with Democrats in=
=20
supporting the measures. Republicans feel that situation gives them leverag=
e,=20
and many want a tough leader negotiating on the party's behalf.=20
At a party caucus late last week, many Republicans were upset by the=20
Democrats' decision to place both key energy issues - and a third that woul=
d=20
extend an existing rate cap to large San Diego businesses - into a single=
=20
bill, AB 8x.=20
Assembly Republicans adamantly opposed that single-bill strategy but were=
=20
placed in an awkward political position - they could either swallow their=
=20
philosophical opposition or vote against the bill and take the blame if=20
blackouts resulted.=20
As Republicans debated the issue in tense party caucuses, Campbell commente=
d=20
that he thought the Democrats' bill would pass. Opponents were livid. He=20
later said he did not support AB 8x and was simply providing "cover" for=20
colleagues who planned to vote "yes."=20
Republicans ultimately voted as a bloc against AB 8x and demanded that all=
=20
three issues be considered in separate bills. Assembly leaders negotiated=
=20
throughout the weekend, but the issues remain unresolved.=20
During last week's tense party caucuses, Assemblyman Dennis Mountjoy,=20
R-Monrovia, reportedly criticized Campbell for leadership weaknesses.=20
Campbell lost his temper, adding momentum to a growing feeling of frustrati=
on=20
within the caucus, sources said.=20
Campbell said Monday that he doubts that the confrontation with Mountjoy=20
played a major role in his removal. "That was just a case where things=20
happened and I apologized to Dennis. He said, 'It didn't bother me, I have =
a=20
thick skin.' "=20
Asked if he had any regrets about his service as Republican leader, Campbel=
l=20
said simply that he has enjoyed the post and did his best during the "wild=
=20
ride" of this year's energy crisis.=20
"I'd like to still be the leader - but I'm not," he said.=20
Republican sources said opposition to Campbell's leadership has been growin=
g=20
since January, when he voted to support AB 1x, which committed the state to=
=20
enter the power-buying market in a big way and spend billions for long-term=
=20
energy contracts.=20
Campbell, after seeing that he lacked support Monday, decided to step down=
=20
rather than spark a divisive fight to retain the post. Sources said Cox hel=
d=20
about twice as much support within the caucus as Campbell.=20
Ultimately, support from Republican conservatives led by Tony Strickland,=
=20
R-Thousand Oaks, provided the margin of victory for Cox.=20
The vote marked a turnabout for Strickland's group, which sided with Campbe=
ll=20
when he was elected over Cox in November.=20
Assemblyman Bill Leonard, R-San Bernardino, said it's too soon to tell=20
whether Monday's vote will leave Assembly Republicans deeply divided.=20
"It could mean less unity, it could mean more," he said. "It really depends=
=20
on Dave Cox's ability to pull the caucus together."=20
GOP political consultant Wayne Johnson said he thinks term limits were a=20
factor in the caucus' impatience with Campbell.=20
"Everybody knows they're not here for very long, and when you're here durin=
g=20
what is becoming somewhat of a crisis environment, people want to be a litt=
le=20
more proactive," Johnson said.=20
Ray McNally, a Republican Party consultant, called Campbell an "energy=20
casualty."=20
Under Cox, he said, Assembly Republicans will be "more aggressive in=20
presenting alternatives," and Cox will "work harder to show the differences=
=20
in approaches to solving the energy problem."=20
---------------------------------------------------------------------------=
---
------------------------------
Dan Walters: An absolutely incredible tale


(Published March 27, 2001)=20
From the onset of his governorship two-plus years ago, Gray Davis has=20
insisted, by both public words and private acts, that he and he alone would=
=20
make his administration's major policy decisions.=20
Legislators and lobbyists have complained that no one in Davis' office was=
=20
empowered to give an up or down signal on pending legislation, and=20
administration officials have recounted grimly - and very privately - tales=
=20
about Davis' insistence on deciding even minuscule policy matters. The=20
governor once castigated one of his Cabinet appointees before her colleague=
s=20
in the harshest possible language for making an environmental policy change=
=20
without his approval. The most routine action by a state agency is trumpete=
d=20
through the governor's media office. Davis has even joked about his=20
micromanagerial tendencies.=20
It is, therefore, utterly incredible - in the precise meaning of the word -=
=20
that Davis' handpicked president of the state Public Utilities Commission, =
a=20
former political adviser, would raise electric power rates by billions of=
=20
dollars without clearing it through Davis. Yet that's what the governor's=
=20
mouthpiece asserts.=20
On Monday, PUC President Loretta Lynch - acknowledging what anyone with hal=
f=20
a brain knew weeks ago - declared that power rates would have to jump=20
sharply. She is proposing an increase of three cents a kilowatt-hour, about=
=20
40 percent, in areas served by private utilities to cover the massive costs=
=20
associated with the current crisis, with a "tiered" structure to impose mos=
t=20
of the burden on high- volume power users.=20
Even Lynch was fudging, however, when she insisted that the boost - from=20
about seven cents a kilowatt-hour to 10 cents - would be "all that is neede=
d=20
going forward." In fact, as anyone who can do simple arithmetic can=20
calculate, it's only the beginning of a series of rate jumps that will be=
=20
needed to cover past debts and current wholesale costs. It's not improbable=
=20
that ultimately, rates will double (not counting another nickel a=20
kilowatt-hour that's imposed for delivery and other costs).=20
Lynch's public statement came just three days after Davis' aides briefed ke=
y=20
legislators on the likelihood of sharp rate boosts. Throughout, however,=20
Davis' spokesmen have insisted that the governor was not supporting such=20
increases and continues to believe that the supply and price crunches can b=
e=20
handled "within the existing rate structure," as one euphemistic version pu=
t=20
it.=20
The latest spin was issued by Davis' press secretary, Steve Maviglio, after=
=20
Lynch's statement. "The governor has not had conversations with any (utilit=
y)=20
commissioners about a potential rate hike," the Maviglio statement said. "I=
t=20
is still his hope and expectation that this matter can be resolved within t=
he=20
existing rate structure."=20
Clearly, the governor, who has been so insistent on doing things his way - =
a=20
tendency bordering on obsessive-compulsive behavior - has gone into the=20
bunker on this one, allowing Lynch to take the heat from consumer groups,=
=20
which immediately denounced the proposed rate increase as a giveaway to the=
=20
utilities.=20
It's cowardly, especially because the current crisis is largely a product o=
f=20
dithering by Davis and Lynch last summer when the first price-supply proble=
ms=20
appeared. Had they acted forthrightly then, with such steps as long-term=20
supply contracts, it would have been a relatively minor bump rather than a=
=20
full-blown disaster that threatens the state's business climate and its=20
solvency and will cause financial pain for Californians.=20
If California needs a utility rate increase, so be it. But we Californians=
=20
would appreciate not being treated like children who need sugarcoating for=
=20
the bad-tasting medicine. And we'd also appreciate not having our=20
intelligence insulted with fairy tales from the Governor's Office.=20
DAN WALTERS' column appears daily, except Saturday. Mail: P.O. Box 15779,=
=20
Sacramento, CA 95852; phone (916) 321-1195; fax: (781) 846-8350=20
E-mail: dwalters@sacbee.com
---------------------------------------------------------------------------=
---
Daniel Weintraub: No crisis is big enough to slow Davis' fund spree=20


(Published March 27, 2001)=20
If Gov. Gray Davis' potential opponents wanted to invent an anecdote to use=
=20
against him when he runs for re-election next year, they couldn't do any=20
better than the one he handed them Friday.=20
While lawmakers desperately in need of leadership deadlocked on crucial=20
legislation to help solve California's energy crisis, Davis was at a Palm=
=20
Springs country club and golf course, raising money to add to his campaign=
=20
committee's already record-shattering $26 million bank balance.=20
The governor's spokesman assures us that Davis did not actually play golf=
=20
Friday. He merely stopped by the fund-raiser because he had some time to ki=
ll=20
between a morning groundbreaking ceremony and an afternoon television=20
interview.=20
Right. Davis may have been in Palm Springs on state business, but it's=20
curious that, wherever he goes, this governor always seems to find a way to=
=20
raise some money. Even if he didn't play golf, the incident drives home the=
=20
image of a governor so preoccupied with his own re-election that he can't=
=20
stay on-task in Sacramento to work on what is arguably the biggest crisis a=
ny=20
California politician has ever faced.=20
While Davis was rubbing shoulders with wealthy supporters in the desert, hi=
s=20
staff and some investment bankers were briefing lawmakers on just how bad t=
he=20
energy crisis has become. The state may need to borrow $23 billion before=
=20
it's over, the bankers said, not the $10 billion that the governor has=20
publicly announced. And the idea of keeping the lights on without further=
=20
rate increases - a mantra to which Davis has clung against all reason - is =
a=20
fantasy. Rates will have to rise, perhaps double, to get us out of this,=20
according to the governor's staff. You cannot forever buy a dollar's worth =
of=20
power, they are saying, with 50 cents.=20
This is incredible stuff, especially coming from the governor's own people.=
=20
But what's even more astounding is that this news was delivered to the=20
Legislature, and thus the public, before Davis himself was fully briefed.=
=20
Davis is not only out of town, it turns out. He's out of touch. Of course, =
we=20
didn't need Friday's fund-raiser to figure that out.=20
Last week, to put it mildly, was a bad one for the governor, whom critics=
=20
have begun to call the prince of darkness. It began with two days of rollin=
g=20
blackouts that would not have happened but for Davis' inattention to a=20
problem that threatened to shut down between 10 percent and 20 percent of t=
he=20
state's already short power supply. Alternative energy producers, including=
=20
cogeneration plants that produce electricity as a byproduct of a=20
manufacturing operation, were going dark because they weren't getting paid=
=20
for their electricity and could no longer afford to buy the fuel that fires=
=20
their plants.=20
It has been widely known for months that the utilities weren't paying these=
=20
power producers. The Legislature has been working on a measure to get them=
=20
paid and lower their rates by roughly half. It's a very important part of a=
ny=20
comprehensive solution to the crisis. But after the blackouts hit, Davis=20
acted as if he'd only just discovered the problem. He was outraged. He said=
=20
it was "immoral" for the utilities to collect money from ratepayers and not=
=20
pay their suppliers.=20
But that was only the beginning. The battle over getting the small energy=
=20
producers paid led to questions about how the state would be paid for the=
=20
power purchases Davis has been making since January on behalf of the=20
utilities. Davis intends to float a bond measure - public borrowing - to=20
reimburse the state's general fund for the $4 billion-plus that the emergen=
cy=20
buys are costing taxpayers. The bond is supposed to be retired by dedicatin=
g=20
a share of future electricity rates to repayment. For the transaction to=20
work, the bond buyers insist on getting first call on the money collected b=
y=20
the utilities.=20
The law Davis signed in January when he started buying the power was suppos=
ed=20
to put the state, and its bond partners, at the front of the line for the=
=20
utilities' cash. But the utilities, particularly Pacific Gas & Electric,=20
don't think the law does that. And Davis apparently failed to get their=20
signature on an IOU before he put taxpayers on the hook to save the compani=
es=20
from bankruptcy.=20
These are rather large details to miss for a guy who has a reputation as a=
=20
control freak and a micromanager. But they are part of a pattern stretching=
=20
back to last summer, when Davis brushed off early warnings about the=20
potential depths of the crisis he was even then trying to avoid. More and=
=20
more he gives the impression of a man not so much trying to resolve the=20
energy crisis but of one who is thinking first, and foremost, about saving=
=20
his own political skin. The problem is, the more he focuses on his own=20
prospects, the worse they become.=20
It would be nice if Davis would suspend his political money-grubbing for a=
=20
few weeks and work full-time on the business he was elected to do. But then=
=20
again, maybe he should schedule even more fund-raisers: The way things are=
=20
going, come re-election time, he is going to need every penny he can get.=
=20
Daniel Weintraub's column appears on Sundays, Tuesdays and Thursdays. He ca=
n=20
be reached at (916) 321-1914 or at dweintraub@sacbee.com.=20
---------------------------------------------------------------------------=
---


Energy woes give nuclear plants a life=20




Crisis offers second chance to all-but-discarded industry
By Bruce Lieberman=20
UNION-TRIBUNE STAFF WRITER=20
March 26, 2001=20
A group of nuclear power advocates and energy experts gathered in an=20
auditorium in Irvine last month to discuss "Nuclear Power: The Option for t=
he=20
21st century?"=20
Their talk was upbeat.=20
Even asking that question would have been laughable five years ago.=20
In 1996, California was heading toward a deregulated electricity market. Th=
e=20
commercial nuclear power industry was heading toward extinction.=20
No way could it compete with coal and natural gas fired plants in a=20
deregulated market. Never would a utility invest billions of dollars to bui=
ld=20
a nuclear power plant when it had no guarantee of recovering that investmen=
t=20
through customer rates, which the architects of deregulation said would onl=
y=20
fall.=20
No one had ordered a nuclear power plant in this country since 1978, the ye=
ar=20
before a partial meltdown at the Three Mile Island plant and eight years=20
before a nuclear reactor blew up at Chernobyl.=20
Political support for nuclear power was all but dead, and electric utilitie=
s=20
in the United States knew it.=20
That was then.=20
Today, the country's nuclear power industry is looking at California's=20
troubled experiment with electricity deregulation, environmental concerns=
=20
over global warming and an unyielding demand for electricity -- and they se=
e=20
one thing:=20
Opportunity.=20
"I'm extremely optimistic about the future of nuclear power in the U.S.,"=
=20
Corbin A. McNeill, Jr., chairman and co-chief executive officer of utility=
=20
giant Exelon Corp., told the Irvine symposium.=20
Nuclear power advocates across the country say the industry is safer, more=
=20
efficient and more economically viable than ever before.=20
"I personally believe there will be a new generation of nuclear power plant=
s=20
in this country," said Ray Golden, a spokesman for Southern California=20
Edison's nuclear power plant at San Onofre. "It's a function of when."=20
Late last month, Senate Republicans introduced an energy bill that could le=
ad=20
to more nuclear power plants.=20
The National Energy Security Act, introduced by Sen. Frank Murkowski of=20
Alaska, would give a big boost to the industry. It would provide nearly $1=
=20
billion in research and development money, financial rewards for operators=
=20
who make nuclear power plants more efficient, and industrywide tax breaks.=
=20
Critics say the bill would just give taxpayer support to a dying industry.=
=20
"Clamoring for new subsidies doesn't help the industry make the case that i=
t=20
is now economically competitive and poised for a resurgence," said=20
Christopher Sherry, research director for the Safe Energy Communication=20
Council, a coalition of environmental groups founded after the 1979 acciden=
t=20
at Three Mile Island.
New lease on life
Two primary changes in the nuclear power industry have given advocates reas=
on=20
to be optimistic.=20
First, commercial power plants have become more efficient.=20
The Nuclear Energy Institute, the industry-backed trade association in=20
Washington, estimates that improvements in output at the nation's 103=20
commercial nuclear reactors have added the equivalent of about 25 1,000=20
megawatt-reactors.=20
The industry, matured by decades of experience, has improved safety and=20
shortened routine shutdowns for refueling and maintenance. Electricity=20
production costs are at an all-time low, at 1.83 cents per kilowatt-hour=20
(down from 3.12 cents in 1987), making nuclear energy competitive with coal=
=20
and natural gas, according to the institute.=20
Second, the federal government has begun extending operating licenses for=
=20
nuclear reactors.=20
Since last March, the Nuclear Regulatory Commission has extended the 40-yea=
r=20
operating licenses for five reactors an additional 20 years. The operators =
of=20
five more reactors have applied for license extensions, and an additional 2=
8=20
are expected to seek extensions within the next five years, the institute=
=20
said.=20
Southern California Edison has not decided whether it will seek a license=
=20
extension for San Onofre's two remaining reactors, Units 2 and 3, Golden=20
said. Both are scheduled to be shut down in 2022.=20
In those reactors that obtain license extensions, utilities see new value,=
=20
and a profitable future.=20
Environmentalists see an avoidable danger.=20
Public Citizen, Ralph Nader's consumer advocate group, has called extending=
a=20
nuclear power plant's license a "high-stakes gamble" that risks safety in=
=20
aging plants.=20
Critical components in a nuclear power plant, including the reactor pressur=
e=20
vessel that holds nuclear fuel and the thousands of steam generator tubes=
=20
that circulate heated and irradiated water, endure extreme stresses and=20
degrade over time.=20
"There was a reason (the nation's nuclear power plants) originally had=20
40-year licenses," said Scott Denman, executive director of the Safe Energy=
=20
Communication Council.=20
New sales, new worries
With license extensions, nuclear power plants are now seen by buyers as=20
profit centers. Six commercial nuclear reactors have been sold since=20
mid-1999, and the sale of eight reactors is pending, according to the Nucle=
ar=20
Energy Institute.=20
The merger of several big utilities has consolidated ownership of commercia=
l=20
nuclear reactors. The marriage of Commonwealth Edison-Unicom in Illinois an=
d=20
PECO Energy Co. in Pennsylvania in October created Exelon Corp. and placed =
17=20
reactors under one corporate roof.=20
McNeill, of Exelon, said the consolidation is creating tremendous economies=
=20
of scale that are bringing down operating costs.=20
Critics worry about a new rivalry between utilities that operate the plants=
.=20
"Electricity deregulation sets up a direct competition between power plants=
,=20
potentially compromising the safe operation of nuclear power plants as owne=
rs=20
attempt to minimize operation and maintenance costs while maximizing=20
electricity production and sales," Public Citizen has written.=20
The environmental group argues that a Feb. 3 electrical fire in the turbine=
=20
room of San Onofre's Unit 3 reactor, which occurred as workers were=20
re-starting the reactor after a routine refueling and maintenance outage,=
=20
shows that the industry is not as reliable as advocates would like the publ=
ic=20
to believe. Damage caused by the failed circuit breaker that caused the fir=
e=20
will keep the 1,100-megawatt reactor shut down through mid-May.=20
"The NRC and the nuclear industry have been skimping on maintenance during=
=20
refueling to improve the profitability of nuclear reactors," said Public=20
Citizen's Jim Riccio, senior policy analyst for the group's Critical Mass=
=20
Energy and Environment Program.=20
Yet, according to reports the company filed Feb. 16 with the Securities and=
=20
Exchange Commission, Southern California Edison, the majority owner of the=
=20
San Onofre plant, will lose between $80 million and $100 million because of=
=20
the Feb. 3 fire.=20
That comes at a rough time for the cash-strapped utility.=20
The San Onofre nuclear power plant is the company's most important asset at=
a=20
time when it is near bankruptcy because of skyrocketing electricity costs=
=20
from out-of-state power generators.=20
"San Onofre is the only thing that makes the company money," Golden said.
State's nuclear future
California, the most populous state in the country and the world's sixth=20
largest economy, has four nuclear reactors -- two at San Onofre and two at=
=20
the Diablo Canyon nuclear power plant near San Luis Obispo. Yet, those four=
=20
nuclear reactors generate more than 4,000 megawatts of electricity, nearly =
18=20
percent of the electricity generated in California.=20
A third plant, Rancho Seco, near Sacramento, was shut down in 1989 when=20
voters demanded its closure. Opponents said it was badly run.=20
Yet, so desperate are state legislators to find sources of power that at=20
least one has discussed turning Rancho Seco back on. On Feb. 22, state Sen.=
=20
Tom McClintock, R-Thousand Oaks, introduced a bill to study whether the sta=
te=20
should buy Rancho Seco.=20
McClintock said the plant could be put back into service in nine months for=
=20
$500 million. And, with new turbines, the plant could increase its producti=
on=20
of electricity from 800 megawatts to 1,100 megawatts -- enough power for mo=
re=20
than a million people.=20
McClintock acknowledges there is little enthusiasm in the state Legislature=
=20
for embracing nuclear energy as one answer to California's energy crisis.=
=20
"Politically, they're scared to death of it," he said.=20
John. P. Holdren, a professor of environmental policy at Harvard's John F.=
=20
Kennedy School of Government, said the high cost of building nuclear power=
=20
plants likely will keep the industry from expanding in the short term.=20
In the longer term, though, Holdren said nuclear energy could offer a real=
=20
alternative to fossil fuels and thereby help combat global warming.=20
In testimony to Congress last June, he outlined several conditions that mus=
t=20
be met before the nuclear energy production can expand. Among them were som=
e=20
high hurdles:=20
?The industry must become competitive with other alternative energy sources=
=20
that do not emit carbon into the atmosphere, such as hydro-electric power.=
=20
?Nuclear power plants around the world must prove they are safe.=20
?The nation must find a permanent repository for nuclear waste and build=20
temporary storage facilities until one opens.=20
?Research into reprocessing used nuclear fuel, which produces a form of=20
plutonium that could be used in nuclear weapons, should be suspended.=20
?Nuclear energy must gain widespread public acceptance.=20
New breed=20
If any power company debuts the next generation of nuclear power plants in=
=20
the United States, it may very well be Exelon Corp.=20
The company is helping to finance research in South Africa into a new type =
of=20
nuclear reactor, called the "pebble bed modular reactor." The 110-megawatt=
=20
reactor, about a tenth the size of conventional nuclear reactors in the=20
United States, would be designed to eliminate the risk of a meltdown, backe=
rs=20
say.=20
Passive safety features would eliminate the need for redundant back-up=20
systems, containment structures and off-site emergency plants, drastically=
=20
cutting costs. Because of their modular design, additional reactors could b=
e=20
added at a single site. McNeill said the new technology could be imported t=
o=20
the United States and Europe within the next few years.=20
"A typical plant should be able to generate a kilowatt of electricity for=
=20
less than a penny," he said.=20
Environmental groups have been extremely critical of the design, saying tha=
t=20
it needs some type of containment structure, such as the concrete domes at=
=20
San Onofre, to keep radiation from escaping into the atmosphere should=20
disaster strike.=20
Meanwhile, the Nuclear Regulatory Commission has approved three designs for=
=20
other, more conventional reactors.=20
McClintock said it's only a matter of time before politicians and the publi=
c=20
re-think their positions on nuclear energy.=20
The legislator predicts that a shift in opinions will come this summer, whe=
n=20
projections by the California Independent System Operator show that=20
electricity supply shortages will force blackouts on 6 million people.=20
"By the time the state has survived the summer of 2001," McClintock said, "=
as=20
a practical matter, we'll be forced to take a new look at nuclear energy.=
=20
.?.?. It is going to be a very ugly, ugly awakening for a lot of politician=
s=20
who sat around and did nothing."
---------------------------------------------------------------------------=
---
-----------


Top state power regulator proposes 40 percent rate increase=20




By Karen Gaudette
ASSOCIATED PRESS=20
March 26, 2001=20
SAN FRANCISCO =01) California's top power regulator proposed a 40 percent h=
ike=20
in electricity rates Monday, saying such an increase should encourage=20
customers to cut back on usage and conserve enough power to get through the=
=20
hot summer months.=20
Loretta Lynch, president of the Public Utilities Commission, said rates=20
should increase by an average of 3 cents per kilowatt hour. The current rat=
e=20
averages 7.5 cents per kilowatt hour.=20
The higher rates could go into effect as early as Tuesday, when the PUC=20
meets. Lynch and two other members of the five-member PUC were appointed by=
=20
Gov. Gray Davis, and Lynch's proposal is expected to be approved by the=20
commission.=20
Lynch, who repeatedly refused to characterize the hike as a 40 percent=20
increase, said the increase was needed to avoid significant power problems=
=20
this summer.=20
"That number should be all that is needed going forward," she said at a new=
s=20
conference, "to keep utilities solvent and ensure that the treasurer of the=
=20
state can issue bonds."=20
Lynch's proposal is at odds with that of administrative law judge Christine=
=20
Walwyn, who recently advised the PUC that rate increases were not necessary=
.=20
Any increase would be on top of the 9 percent to 15 percent rate increase t=
he=20
PUC approved in January, and an additional 10 percent increase already=20
scheduled for next year.=20
Lynch also supports a "tiered" rate system that would charge residential an=
d=20
businesses customers more if they're large users and fail to cut back, a mo=
ve=20
aimed at encouraging conservation.=20
The governor repeatedly has said he is confident the state's power crisis c=
an=20
be resolved without further rate hikes. But Davis aides have concluded that=
=20
rates must rise, given that wholesale power costs remain high. Several=20
lawmakers, including Assembly Speaker Bob Hertzberg, have said a rate=20
increase is inevitable.=20
"It's obvious to me that unless you rob a bank or win a lottery you are not=
=20
going to be able to do this without raising rates," Senate President Pro Te=
m=20
John Burton, D-San Francisco, said Monday.=20
Southern California Edison Co. and Pacific Gas & Electric Co. both have=20
pushed for further rate increases, and PG&E has said its current rates woul=
d=20
be insufficient to cover its bills and the state's.=20
Administration officials have been negotiating with PG&E, Edison and San=20
Diego Gas & Electric about purchasing the utilities' transmission lines to=
=20
give the companies cash to pay their bills.=20
PG&E and Edison say they've lost more than $13 billion since last summer du=
e=20
to high wholesale electricity costs that California's 1996 deregulation law=
=20
prevents them from collecting from their customers.=20
---------------------------------------------------------------------------=
---
----------


Supplier Duke offers to forego some charges=20




By Leslie Gornstein
ASSOCIATED PRESS=20
March 26, 2001=20
LOS ANGELES =01) A North Carolina energy supplier offered Monday to slice n=
early=20
$20 million off California's emergency power bill for January and February =
if=20
its debtors agree to pay.=20
Under increasing pressure from state and federal regulators, Duke Energy=20
offered to forego part of what it charged for power during Stage 3 alerts i=
n=20
January and February.=20
The power went to California's Independent System Operator, which runs 75=
=20
percent of the state's power grid, and to the now-defunct Power Exchange.=
=20
North Carolina-based Duke offered to drop $19.8 million in so-called "credi=
t=20
premiums," but only after the two entities agree to pay $273 per megawatt=
=20
hour for power supplied in January and $430 per megawatt hour in February.=
=20
ISO spokesman Patrick Dorinson refused to comment on the offer.=20
Duke has not been paid for any power sent to California in January and=20
February, spokesman Tom Williams said Monday.=20
The Federal Energy Regulatory Commission said recently that $273 in January=
=20
and $430 in February were the highest rates that any supplier could charge=
=20
without triggering suspicion of gouging.=20
Williams would not say how often Duke's rates exceeded those caps during th=
e=20
two months, nor would he say how many megawatt hours Duke sold to Californi=
a=20
during the stretch.=20
But he did admit Duke often charged more than those rates. He called the=20
additional charges "credit premiums" =01) typical fees within the industry.=
=20
Suppliers often charge customers more if they have bad credit or suspect th=
ey=20
will be unable to pay.=20
FERC has said that Duke potentially owes California $21.14 million in=20
overcharges for the first two months of the year.=20
The company's offer was not meant to be an admission of price gouging,=20
Williams said.=20
"We have not been paid a dime," Williams said. "It is not unusual to have=
=20
credit premiums."=20
Duke, along with Reliant Energy Services, Dynegy Power Marketing Inc.,=20
Williams Energy Services Corp., Mirant and Portland General Electric, may=
=20
have overcharged California by as much as $125 million in January and=20
February, FERC has said.=20
Since the state's power crisis erupted, power at times has cost 15 to 20=20
times more than it did a year ago.=20
Before the energy crisis started, electricity was selling at an average=20
wholesale cost of $30 a megawatt hour.=20
The crisis stems from 1995 state laws attempting to deregulate the Californ=
ia=20
power market. The attempt has been criticized for sinking the utilities,=20
trapping them between state-mandated price caps and soaring electricity=20
prices on the open market.=20
---------------------------------------------------------------------------=
---
-----------

PUC to Vote on Big Rate Hike; OK Is Likely=20

Electricity: Agency chief urges a boost of about 40% for many, and calls it=
=20
necessary to raise cash and encourage conservation. Higher cost could show =
up=20
in May bills.=20

By TIM REITERMAN and NANCY VOGEL, Times Staff Writers=20

?????SAN FRANCISCO--Millions of Californians would see electricity rates ri=
se=20
by about 40% under a plan presented Monday by the state's top power regulat=
or.
?????Loretta Lynch, president of California's Public Utilities Commission,=
=20
called rate hikes necessary both to raise cash and to encourage conservatio=
n.
?????Her plan would charge some customers of the state's two biggest privat=
e=20
utilities 3 cents more per kilowatt-hour, depending on how much electricity=
=20
they consume. The higher cost would show up in May power bills.
?????Lynch promised to target the increases on heavy users of electricity a=
nd=20
spare nearly half of residential customers from paying more. The commission=
=20
is scheduled to vote on her proposal today, and it is almost certain to win=
=20
approval, according to commissioners.=20
?????It would cost customers of Southern California Edison and Pacific Gas =
&=20
Electric a total of $4.8 billion a year.=20
?????San Diego Gas & Electric is not covered by the proposed rate hikes,=20
though officials there said their utility should be.
?????Nor would the increases affect the customers of municipally owned=20
utilities in Los Angeles, Riverside, Pasadena, Anaheim and elsewhere.
?????Lynch's proposal drew fire from consumer advocates, sighs of resignati=
on=20
from lawmakers and enthusiasm from Wall Street. Stock prices for both=20
companies jumped by nearly one-third.
?????For renters and homeowners, the proposal could cost nothing or as much=
=20
as 40% more per month. Business customers--who now pay lower rates--could s=
ee=20
even higher increases.
?????The latest proposed increase would come on top of an average 10% rate=
=20
hike for all users imposed in January, which would become permanent under=
=20
Lynch's plan. An additional 10% increase for residential and small business=
=20
users is already scheduled for this time next year.
?????"We recognize the utilities are in severe financial distress," Lynch=
=20
said. "For utilities to keep the lights on, we unfortunately came to the=20
conclusion a rate increase was needed."
?????Commissioner Geoffrey Brown, recently appointed by Davis, predicted th=
at=20
the plan will pass. Commissioner Richard Bilas, a Republican appointed by=
=20
former Gov. Pete Wilson, would not say whether he would vote for Lynch's=20
proposal but said "rates need to go up."
?????Davis, who named three of the five commissioners, distanced himself=20
Monday from the PUC action, saying that it's an independent body. He repeat=
ed=20
that it is his expectation that rate increases can be avoided.
?????"I've not seen enough information to persuade me we need a rate hike,"=
=20
the governor said at a news conference after speaking to students at Walt=
=20
Disney Elementary School in Burbank.
?????If the increase is approved today, Lynch said, it will be refined in t=
he=20
30 days it takes the utilities to change their billing processes. The rate=
=20
increase would be subject to refund if it is more than enough to cover cost=
s=20
of energy purchases.
?????Lynch said she cannot finalize the proposal until she gets more=20
information about power supply and cost projections from the California=20
Department of Water Resources, which began buying electricity on behalf of=
=20
the nearly bankrupt utilities in mid-January. That's when some generators=
=20
refused to sell to the utilities for fear of not getting paid.

?????Utilities Earned Substantial Profits
?????The utilities have been burdened by wholesale electricity prices that=
=20
have topped 10 times the levels of those a year ago.
?????Rising demand for electricity across the West, plus fundamental flaws =
in=20
the design of the deregulated market that California opened in 1998, have=
=20
allowed sellers of electricity to earn substantial profits. Since the state=
=20
stepped in to buy electricity for the utilities, it has spent about $3=20
billion covering roughly 34% of the state's power needs.
?????While Davis has adamantly resisted rate hikes, other politicians have=
=20
come to call increases inevitable. The state and utilities need a better ca=
sh=20
flow to cover wholesale power costs expected to soar again this summer, the=
y=20
say.
?????And rate boosts will serve another critical purpose, they say, by=20
prompting Californians to switch off lights, buy efficient refrigerators an=
d=20
shut down hot tubs. Such conservation will be crucial in whether the state=
=20
avoids blackouts, grid operators say.
?????"If it is tiered right, it wouldn't break my heart," Senate President=
=20
Pro Tem John Burton (D-San Francisco) said, adding that he expects that any=
=20
increase will exempt low-income people.
?????Lynch said repeatedly that the 3-cent-per-kilowatt-hour hike she=20
proposed should be all that is necessary to allow the state and utilities t=
o=20
keep buying electricity. The more than $13 billion the utilities claim they=
=20
are owed for power purchases since May must be resolved through negotiation=
s=20
between the governor's office and the utilities, she said.
?????The Legislature already has approved a bill guaranteeing that those wh=
o=20
use 30% more than their minimal allocation, known as the baseline, won't fe=
el=20
the hikes.
?????The baseline is a certain amount of electricity--50% to 60% of the=20
average residential use per month--that varies regionally, so that a=20
homeowner in the desert has a higher baseline amount than one living on the=
=20
temperate coast. Electricity consumed up to the baseline amount costs less.
?????Last year, Edison customers paid 6.2 cents per kilowatt-hour for=20
electricity. (The average home uses about 700 to 1,000 kilowatt-hours per=
=20
month.) The PUC raised that rate to 7.2 cents in January, and Lynch's=20
proposal would boost it to 10.2 cents.
?????Edison customers also pay an additional 5.25 cents for distribution,=
=20
billing and other costs on top of the electricity charge.
?????Lynch projects that under her plan about half of Edison's households=
=20
would have no monthly bill increases, one-fifth would have an 8% increase,=
=20
and fewer than about one-third of the households would have a 27% increase.
?????Rather than welcome the potential rate hikes, Edison officials said th=
ey=20
were frustrated that the PUC proposal does not guarantee that the higher=20
rates will cover all of the utility's and the state's costs.
?????"It helps, but it doesn't solve the problem," said John R. Fielder, a=
=20
senior vice president at Edison. "And it's really vulnerable because if it'=
s=20
not enough, then what do you do?"
?????Fielder pointed out that when Edison argued for higher rates in=20
December, it was turned down, causing the utility to accumulate additional=
=20
billions in debt. Monday's PUC proposal treats that debt as a "stranded=20
cost," which the utility could eventually be expected to absorb, he said.
?????In a two-hour hearing on Lynch's proposal, PG&E lawyer Chris Warner=20
called it a "a step in the right direction."
?????"We agree with President Lynch that it's time to pay the power bills,"=
=20
he said. Warner declined to elaborate until the utility could study the=20
proposal further.
?????Consumer groups immediately attacked the rate hike proposal.
?????Jason Zeller, an attorney with the PUC's independent Office of Ratepay=
er=20
Advocates, complained that "customers had no notice that they would be sock=
ed=20
with the largest rate increase in California history."
?????"My big concern . . . is it imposes massive increases, damages the=20
economy, and there is no guarantee it would do any good," Zeller said.
?????Bob Finkelstein of the Utility Reform Network said: "The focus [of the=
=20
PUC] should be to bring prices down, not rates up."
?????Power sellers in California's market have "an uncanny ability to sniff=
=20
out money," Finkelstein said, and the Lynch proposal "only puts more on the=
=20
table."
?????Lynch blamed the need for rate hikes on exorbitant prices for wholesal=
e=20
electricity, noting that California paid $