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:Fri, 23 Mar 2001 02:03:00 -0800 (PST)

Please see the following articles:

AP Wires, Thurs 3/22: "Report: Power wholesalers overcharged California $5.=
5=20
billion"

Dow Jones Newswires, Thurs 3/22: "Reliant To Appeal Fed Judge Ruling To Sel=
l=20
Pwr To Calif"

Sac Bee, Thurs 3/22: "Federal judge orders major power wholesaler to sell t=
o=20
California"

San Jose Mercury News Thurs, 3/22: "State falling short on pacts that provi=
de=20
low-cost energy"

Contra Costa Times, Thurs 3/22: "Crisis saps state surplus"

Sac Bee. Fri, 3/23: "Bill to pay small energy firms stalls"

Sac Bee, Fri., 3/23: "House panel ends energy hearings -- will it step in?

Sac Bee, Fri, 3/23: "Dan Walters: Crisis deepens: politicos panic"

San Diego Union, Fri., 3/23: "Report says power wholesalers overcharged=20
state $6 billion"

San Diego Union, Fri, 3/23: "Disappearing state surplus sparks alarm"

San Diego Union, Fri., 3/23: "Outages darken economic outlook in state, so=
me=20
say"

San Diego Union, Fri., 3/23: "Out-of-state generators question power=20
regulators' authority "

San Diego Union, Fri., 3/23: "Allegheny Energy makes big California=20
connection"

LA Times, Fri, 3/23: "Judge Frees Small Firm From Edison Contract "

SF Chron, Fri, 3/23: "Lodi Defies Order for Blackouts=20
Utility tells PG&E to 'pay the bills' "

SF Chron, Fri, 3/23: "Coming Down to the Wire=20
State legislators battle over alternative energy bills"

SF Chron, Fri, 3/23: "Grid Operators Push to Prevent Overcharging=20
They say regulators must be aggressive to stop billing abuses"=20

Mercury News, Fri., 3/23: "State's bill for energy could double this year"

Mercury News, Fri., 3/23: "Plan for alternate power plants stalls"



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Report: Power wholesalers overcharged California $5.5 billion=20
DON THOMPSON, Associated Press Writer
Thursday, March 22, 2001=20
,2001 Associated Press=20
(03-22) 11:41 PST SACRAMENTO, Calif. (AP) -- Electricity wholesalers have=
=20
overcharged California more than $5 billion since May by manipulating the=
=20
energy market, according to a report prepared for power grid managers.=20
The Independent System Operator will file the findings with federal=20
regulators and ask for a refund, ISO spokesman Patrick Dorinson said.=20
The state auditor also said Thursday that the state's 1996 deregulation law=
=20
encouraged both buyers and sellers of electricity to ``manipulate wholesale=
=20
prices to their advantage'' by underestimating supply and demand.=20
The auditor's report lays out what it calls ``a complex combination'' of=20
deficiencies and misjudgments it says led to the state's power problems.=20
According to the ISO report, five in-state power suppliers and 16 importers=
=20
frequently offered electricity at prices higher than it cost them to produc=
e=20
-- effectively withholding supplies -- or didn't bid at all when they were=
=20
able to generate power.=20
ISO Director of Market Analysis Anjali Sheffrin presented the findings at a=
=20
conference in Berkeley last week.=20
The companies have denied overcharging California and have said they expect=
=20
the Federal Energy Regulatory Commission will determine their prices were=
=20
justified.=20
The commission has recently stepped up scrutiny of power companies' behavio=
r=20
during California's power crisis, asking suppliers to justify $124 million =
in=20
sales during the first two months of the year or refund the money. Critics=
=20
claim thousands of additional questionable sales are not being challenged.=
=20
California has been spending about $45 million a day -- $4.2 billion since=
=20
January -- to purchase power for Pacific Gas and Electric Co. and Southern=
=20
California Edison. Both utilities, the state's largest, have been cut off b=
y=20
electricity wholesalers because their credit is almost worthless.=20
Edison and PG&E say they are nearly $14 billion in debt due to soaring=20
wholesale power costs. The state's deregulation law blocks them from=20
recovering the costs from customers.=20
State Controller Kathleen Connell said Wednesday that the state's=20
power-buying is gutting its budget surplus.=20
Since the state started making emergency power buys, the surplus has fallen=
=20
from $8.5 billion to about $3.2 billion, she said.=20
Connell ordered an audit of the power buys, saying Gov. Gray Davis is=20
withholding key financial information from her office and the Legislature.=
=20
She said she would refuse to transfer $5.6 billion into a ``rainy day fund'=
'=20
she said was set up to impress Wall Street as the state prepares to issue $=
10=20
billion in revenue bonds to cover its power buys.=20
Transferring the money would leave the state general fund $2.4 billion in=
=20
debt, Connell said.=20
Sandy Harrison, spokesman for the state Department of Finance, and Keely=20
Bosler, of the Legislative Analyst's Office, said such transfers are routin=
e=20
and required by law.=20
``The law says she has to do it. The law does not give her the power to=20
demand that kind of audit information,'' Harrison said.=20
Davis spokesman Steve Maviglio said the administration has released the=20
financial information it can without jeopardizing negotiations for long-ter=
m=20
power contracts with wholesalers.=20
Also Wednesday, a federal judge ordered a major wholesaler, Reliant Energy=
=20
Services, to continue selling power to California despite its fear that it=
=20
will not be paid.=20
The ISO buys power from companies like Reliant on behalf of utilities in=20
attempts to fend off rolling blackouts like those that hit the state this=
=20
week and during two days in January.=20
---------------------------------------------------------------------------=
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---------------------------------
Reliant To Appeal Fed Judge Ruling To Sell Pwr To Calif

03/22/2001
Dow Jones Energy Service
(Copyright © 2001, Dow Jones & Company, Inc.)

LOS ANGELES -(Dow Jones)- Reliant Energy Inc. (REI) said Thursday it will=
=20
immediately file with the 9th Circuit Court of Appeals in San Francisco in=
=20
response to a federal judge's ruling late Wednesday that the company contin=
ue=20
selling power to California regardless of whether it is paid.=20
U.S. District Court Judge Frank Damrell granted California's Independent=20
System Operator, which makes last minute power purchases in the spot market=
,=20
a preliminary injunction against Reliant, saying Californians were at risk =
of=20
irreparable harm if Reliant stopped selling power to the state.
The ISO, manager of the state's electricity grid, said the judge's ruling=
=20
will allow the agency to keep the lights on in California.=20
Reliant, which is owed more than $300 million from the state's cash-strappe=
d=20
utilities, supplies California with about 3,000 megawatts of electricity fr=
om=20
power plants it owns in the state.=20
Reliant spokesman Richard Wheatley said the state Department of Water=20
Resources, the agency that buys California's bulk power needs on behalf of=
=20
PG&E Corp. (PCG) unit Pacific Gas & Electric, Edison International (EIX) un=
it=20
Southern California Edison and Sempra Energy (SRE) unit San Diego Gas &=20
Electric, should back the ISO's last minute power purchases.=20
In a filing with the Securities and Commission, Reliant said it is owed $10=
8=20
million by the DWR for last minute power purchases the ISO made during the=
=20
six weeks prior to the agreement Reliant made with the DWR.=20
Damrell dismissed Reliant's claim, saying he does not have the authority to=
=20
force the DWR to pay for that power.=20
"We're going to immediately appeal Judge Damrell's order," Wheatley said.=
=20
"Clearly the judge understands the implications of his order. We are requir=
ed=20
to do business with creditworthy entities. Unfortuantely the judge did not=
=20
force the ISO to post a surety bond, which would allowed us to do business=
=20
with the ISO."=20
Gov. Gray Davis has said the state is not responsible for the last minute=
=20
power purchases the ISO makes, despite a law passed authorizing the DWR to=
=20
buy power on behalf of the utilities.=20
Wheatley added that the company will also seek relief on the issue at the=
=20
Federal Energy Regulatory Commission. Damrell's ruling remains in effect=20
until the Federal Energy Regulatory Commission rules on the matter.=20
Separately, Wheatley said a short-term power supply contract that Reliant=
=20
signed with the DWR expired Monday and the DWR has not renewed the contract=
.=20
A spokesman for the DWR would not comment on the issue.=20
-By Jason Leopold; Dow Jones Newswires; 323-658-3874;=20
jason.leopold@dowjones.com
---------------------------------------------------------------------------=
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---
-----------------------
Federal judge orders major power wholesaler to sell to California

Updated: March 21, 2001 - 8:23 p.m.=20
A federal judge issued a preliminary injunction Wednesday ordering a major=
=20
electricity wholesaler to continue selling to California despite its fear=
=20
that it will not get paid.=20
U.S. District Judge Frank C. Damrell Jr. said Californians were at risk of=
=20
irreparable harm if Reliant Energy Services stopped selling power to the=20
Independent System Operator, which oversees the state's power grid. The ISO=
=20
buys last-minute power on behalf of utilities to fill gaps in supply to try=
=20
to fend off blackouts.=20
Damrell dismissed Reliant's attempt to force the state Department of Water=
=20
Resources to back the ISO's purchases for the state's two biggest utilities=
.=20
The state has been spending about $50 million a day on power for Pacific Ga=
s=20
and Electric Co. and Southern California Edison, both denied credit by=20
suppliers after amassing billions of dollars in debts.
The judge said he had no authority to force the DWR to pay for that power.=
=20
Gov. Gray Davis has said the state isn't responsible for purchasing the=20
costly last-minute power ISO buys for Edison and PG&E, despite a law=20
authorizing state power purchases on the utilities' behalf.=20
ISO attorney Charles Robinson said the ruling gives ISO operators "a tool t=
o=20
assist them in keeping the lights on in California."=20
"Had the decision gone the other way, one could expect other generators to=
=20
simply ignore emergency orders," Robinson said.=20
Damrell's preliminary injunction will remain in effect until the Federal=20
Energy Regulatory Commission rules on the matter.=20
Damrell denied the ISO's request for preliminary injunctions against three=
=20
other wholesalers, Dynegy, AES and Williams, who agreed to continue selling=
=20
to the ISO pending the FERC ruling.=20
Spokesmen for Reliant, Dynegy, AES and Williams were out of the office=20
Wednesday night and didn't immediately return calls from The Associated Pre=
ss=20
seeking comment on the ruling.=20
The ISO went to court in February after a federal emergency order requiring=
=20
the power sales expired. The judge then issued a temporary restraining orde=
r,=20
requiring the sales, but dropped it after the suppliers agreed to continue=
=20
sales to California, pending his Wednesday ruling.=20
The ISO said it would lose about 3,600 megawatts if the suppliers pulled ou=
t,=20
enough power for about 2.7 million households. One megawatt is enough for=
=20
roughly 750 homes.=20
Grid officials said Reliant's share alone is about 3,000 megawatts. Reliant=
=20
said the amount at issue actually is less than a fourth of that, because mo=
st=20
of the power is committed under long-term contracts.=20
Reliant, which provides about 9 percent of the state's power, worries it=20
won't get paid due to the financial troubles of PG&E and Edison.=20
PG&E and Edison say that together they have lost about $13 billion since Ju=
ne=20
due to soaring wholesale electricity costs that California's 1996=20
deregulation law bars them from passing onto customers.=20
At the same time, the state has faced a tight electricity supply, due in pa=
rt=20
to California power plant shutdowns for maintenance and to a tight=20
hydroelectric supply in the Pacific Northwest.=20
Managers of the state power grid imposed rolling blackouts across the state=
=20
Monday and Tuesday as supply fell short of demand. Wednesday, cooling=20
temperatures and the completion of repairs at several power plants allowed=
=20
the state to avoid blackouts.
State Controller Kathleen Connell said Wednesday that the energy crunch als=
o=20
imperils California's financial health.
Connell said the state's power-buying on behalf of Edison and PG&E is is=20
gutting its budget surplus. Since the state started making emergency power=
=20
buys in January, the surplus has fallen from $8.5 billion to about $3.2=20
billion, she said.=20
Connell ordered an audit of the state's power-buying, saying Davis is=20
withholding key financial information from her office and the Legislature.=
=20
She is refusing a request by Davis and the Legislature to transfer $5.6=20
billion into a "rainy day fund" she said was set up to impress Wall Street =
as=20
the state prepares to issue $10 billion in revenue bonds to cover its=20
power-buying.=20
Transferring the money would leave the state general fund $2.4 billion in=
=20
debt, Connell said.=20
Sandy Harrison, spokesman for the state Department of Finance, and Keely=20
Bosler of the Legislative Analyst's Office, said such transfers are routine=
=20
and required by law.=20
They put the state's budget surplus at $5.6 billion.=20
"The law says she has to do it. The law does not give her the power to dema=
nd=20
that kind of audit information," Harrison said.=20
He said the state's budget isn't in danger because it will be repaid with t=
he=20
$10 billion in long-term debt.=20
Wells Fargo & Co. chief economist Sung Won Sohn said he sees little progres=
s=20
in efforts to fix the state's power problems and end state electricity=20
purchases.=20
"If we're going to pour money into a bottomless pit, I would worry about th=
e=20
state's finances," he said. "At some point we're going to run out of money.=
"
The controller's criticism of fellow Democrat Davis won support from Assemb=
ly=20
Republicans and Secretary of State Bill Jones, a Republican considering=20
challenging Davis next year.=20
Jones said he wants to announce his own plan to solve the state's energy=20
woes, but can't unless Davis releases more financial details.=20
Davis spokesman Steve Maviglio dismissed the criticism.
"Political grandstanding doesn't generate one more kilowatt of energy for=
=20
California in this time of emergency," he said.=20
Maviglio said the administration has released the financial information it=
=20
can without jeopardizing negotiations for long-term power contracts with=20
wholesalers.=20
Also Wednesday, a report by Davis' chief power negotiator appears to show=
=20
that as much as 75 percent of the state's power purchases will have to be o=
n=20
the expensive short-term market this summer, said Sen. Debra Bowen, D-Marin=
a=20
del Rey, chairwoman of the Senate Energy Committee.=20
"The prices may be phenomenol," she said, particularly given predicted=20
hydroelectric shortages due to drought in the Pacific Northwest.=20
The report by David Freeman, who is negotiating the state's long-term power=
=20
contracts, shows California has finalized 19 contracts and has 25 agreement=
s=20
in principle. Freeman said DWR is continuing to negotiate other contracts.
Bowen said FERC should impose short-term price caps or let generators to=20
charge enough to make a reasonable profit "or we could be subject to enormo=
us=20
price-gouging this summer."=20

-- Associated Press
---------------------------------------------------------------------------=
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-----------------------------------------------------------------
State falling short on pacts that provide low-cost energy=20
Published Thursday, March 22, 2001, in the San Jose Mercury News=20
BY CHRIS O'BRIEN AND JOHN WOOLFOLK=20

Mercury News=20

The state has signed low-cost contracts for just a third of the energy it=
=20
needs this year, raising the prospect that California could be forced to bu=
y=20
much of its electricity this summer on the expensive spot market.=20
A spokesman for Gov. Gray Davis conceded Wednesday that the state will be i=
n=20
trouble without more contracts, but insisted California will meet its needs=
=20
through conservation and additional long-term deals for cheap electricity.=
=20
The state, according to a report released Wednesday, has fallen far short o=
f=20
the governor's goal of filling almost all its electricity needs through suc=
h=20
deals. In fact, the state has lined up contracts for about half the amount=
=20
Davis had projected earlier this month.=20
If the state has to rely heavily on the volatile spot market, where the pri=
ce=20
of electricity this summer could reach five times the state's contract pric=
e,=20
pressure could mount to raise the cap on the electricity rates consumers pa=
y.=20
But Steven Maviglio, the governor's spokesman, said, ``The governor has sai=
d=20
he's committed to work this in the existing rate structure, so that's the=
=20
plan.''=20
In the report sent to state lawmakers, the state Department of Water=20
Resources indicated that it had secured just more than 20 million=20
megawatt-hours for this year, leaving it far short of the 60 million=20
megawatt-hours needed.=20
``This is just a progress report,'' Maviglio said. ``They did all this in=
=20
three weeks, which is pretty amazing when you think about it, and we have a=
=20
lot more to do.''=20
The state got into the power buying business in January, supplying it to th=
e=20
state's nearly bankrupt utilities.=20
The state negotiated long-term contracts with generators to supply that pow=
er=20
at a reduced rate. Based on the report, the state will pay an average of $6=
8=20
per megawatt-hour over the next 10 years -- significantly less than in=20
December when prices spiked higher than $300 per megawatt-hour but not as l=
ow=20
as the $55 Davis hoped to reach.=20
Most of this power, however, won't be delivered until 2004. From 2004 to=20
2006, the Department of Water Resources estimates, it has enough power unde=
r=20
contract. Until then, the amount falls short.=20
In 2001, it appears the state has about one-third of the power it needs. Th=
e=20
gap closes to about half in 2002 and two-thirds in 2003.=20
At a news conference in Los Angeles two weeks ago, Davis said the state wou=
ld=20
have to buy only 30 to 45 percent of the power it needs this summer on the=
=20
open market.=20
At the time, critics said with only two-thirds of the power under contract,=
a=20
rate increase was almost inevitable. Even Davis' chief negotiator, S. David=
=20
Freeman, offered a bleak assessment for the summer, saying that all availab=
le=20
electricity has already been sold.=20
``We'll be subject to extremely high prices,'' said Frank Wolak, a Stanford=
=20
professor who sits on a market committee for the Independent System Operato=
r,=20
the agency that runs the state power grid.=20
Wolak said there are two main hopes for avoiding a price increase this=20
summer: Federal officials could cap the wholesale price, a step they've=20
resisted, or Californians can conserve an unprecedented amount of power.
---------------------------------------------------------------------------=
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-----------------------
Crisis saps state surplus
POWER CRISIS=20
Controller moves to block a transfer of funds, saying the $8.5 billion=20
surplus has been cut more than half since January=20
By Mike Taugher
TIMES STAFF WRITER=20
The energy crisis has bled California's once-touted budget surplus by more=
=20
than half since taxpayers began buying electricity two months ago, leading =
a=20
top state finance official Wednesday to order an audit of the power purchas=
es=20
and block Gov. Gray Davis' plan to transfer funds into a reserve account.=
=20
A booming economy last year produced a budget surplus that totaled $8.5=20
billion in January. But that figure now stands at about $3.2 billion,=20
according to Controller Kathleen Connell.=20
"We started this year with a generous budget surplus," Connell said in a=20
statement announcing her decision to block what Davis administration=20
officials described as a routine transfer of surplus money. "The energy=20
crisis has taken much of that away, and this transfer on top of the=20
electricity purchases would put the fund at risk."=20
Meanwhile, the Davis administration released a report by David Freeman, the=
=20
governor's chief negotiator on power purchases, on the progress of executin=
g=20
long-term agreements meant to stabilize the power buys.=20
According to the report, only about 40 percent of the electricity needed fr=
om=20
the open market this year has been lined up. That means the state could be=
=20
forced to continue buying a substantial amount of power on the highly=20
expensive spot market and further drain its coffers.=20
And a key regulatory panel is scheduled next week to issue a ruling that=20
would determine how quickly state funds will be replenished when it decides=
=20
what portion of electric bill payments should be allocated to the state=20
treasury, a decision that could include a rate increase to fully repay=20
taxpayers without further crippling the state's two largest electric=20
utilities.=20
The Public Utilities Commission also will consider whether it will force th=
e=20
utilities to pay alternative energy producers, whose shutdowns this week=20
contributed to blackouts.=20
Connell's action underscores a growing nervousness over the sheer volume of=
=20
money that is being poured into energy buys, despite the fact that state=20
officials plan to replenish the treasury with up to $10 billion in loans th=
at=20
will be repaid by electricity consumers.=20
The state has committed to spending $4.2 billion to date to keep lights on=
=20
since taxpayers were forced in mid-January to take over electricity buys fr=
om=20
the financially crippled utilities, Pacific Gas & Electric Co. and Southern=
=20
California Edison. Tax money is going out at a clip of about $50 million a=
=20
day.=20
High prices already have brought PG&E and Edison to the brink of bankruptcy=
,=20
and now the state's surplus is at risk, according to Connell.=20
In addition to requesting an audit and announcing her intention to delay th=
e=20
transfer to the reserve account, Connell said she wanted the administration=
=20
to send her office more information about the electricity purchases.=20
Davis' representatives questioned Connell's authority in trying to block th=
e=20
funds transfer, which they called a routine accounting procedure, and accus=
ed=20
her of making political hay.=20
"It is not helpful to the taxpayers or ratepayers or the people who just wa=
nt=20
to keep the lights on, it isn't helpful to have the situation muddied like=
=20
this," said Sandy Harrison, a Finance Department spokesperson. "We're sorry=
=20
it came up in this manner."=20
Connell and the administration have butted heads in recent weeks. The=20
controller wants to post details of the state's electricity purchases on he=
r=20
Web site, a plan that have been delayed under pressure from Davis because o=
f=20
the governor's concerns that releasing those details will allow power=20
generators and traders to sell at higher prices.=20
Harrison said administration officials believe Connell lacks the authority=
=20
either to block the funds transfer to a reserve account or to audit the sta=
te=20
water resources department.=20
Two days of widespread blackouts this week show how vulnerable the power gr=
id=20
is to financial glitches. Although several factors combined to produce the=
=20
blackouts, state power officials say the outages could have been avoided if=
=20
the utilities were paying their bills to alternative energy producers.=20
Many of those producers, including clean-burning natural gas power plants,=
=20
wind, solar and geothermal energy developers, shut down enough production t=
o=20
spell the difference between grid reliability and blackouts Monday and=20
Tuesday.=20
Davis called the utilities' failure to pay bills to those producers, known =
as=20
qualifying facilities, "immoral." The QFs were either unable to buy gas fro=
m=20
their suppliers or were frustrated with the utilities' failure to pay them.=
=20
"The utilities hoarded billions of dollars since November without paying an=
y=20
money out," said Davis spokesman Steve Maviglio. "They've got the money --=
=20
we're pulling the trigger to make them pay it."=20
The utilities, however, say they are doing all they can to conserve enough=
=20
cash to continue operating. Together, they owe the QFs about $1.5 billion.=
=20
Next week, the PUC is scheduled to consider whether to force the utilities =
to=20
heed Davis' demand to pay the QFs, and it might also decide how much of=20
ratepayers' bill payments will be used to refund taxpayers for power buys.=
=20
PG&E says that under a formula proposed by the administration, the water=20
resources department would receive about 40 percent of the money collected=
=20
from ratepayers for power purchases.=20
The rest of that money, about $240 million, would have to be divided among=
=20
QFs, existing power contracts, operating PG&E's nuclear and hydroelectric=
=20
plants, and what hour-by-hour purchases the utility still must make on the=
=20
spot market, according to PG&E spokesman John Nelson.=20
"There isn't enough to do that," he said.=20
That is making it increasingly likely that electric bills will be hiked,=20
according to a growing chorus of officials and experts.=20
Unless rates are raised, Nelson said, the only entity that can absorb a lac=
k=20
of payment or a partial payment is the state treasury. Cutting off any othe=
rs=20
will lead to electricity becoming unavailable and more blackouts, he said.=
=20
"If they do it under existing rates -- given that the existing pool of mone=
y=20
is not enough -- who doesn't get paid or who gets a partial payment?" Nelso=
n=20
said. "What's the only entity left with wiggle room? The state."=20
Rate hikes are also a sticking point in negotiations to bail out the=20
utilities through purchase of their transmission lines and other assets,=20
Maviglio said.=20
"They want rate increases of significant magnitude, and we're not going=20
there," he said.=20
WE CAN TRIM STORY HERE IF NECESSARY, BUT KEEP TAGLINES AT BOTTOM=20
About one-third the electricity needed by the customers of California's thr=
ee=20
major utility companies is produced by the companies themselves, one-third=
=20
comes from alternative producers who use environmentally friendly technique=
s=20
and one-third is bought on the open market.=20
The state stepped in to buy the one-third needed from the open market after=
=20
the utility companies ran out of cash and credit in January to make the=20
purchases themselves.=20
But that electricity has proven to be enormously expensive, and Davis has=
=20
planned to lower those prices by committing to long-term purchases.=20
Freeman's report on the progress of those long-term purchases, dated March =
15=20
but released this week, said the state has finalized 19 contracts with seve=
n=20
suppliers and reached 25 additional agreements.=20
Mike Taugher covers the environment and energy. Reach him at 925-943-8324 o=
r=20
mtaugher@cctimes.com.=20
Staff writer Andrew LaMar contributed to this story.
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-----------------------
Bill to pay small energy firms stalls
By Kevin Yamamura, Dale Kasler and Jim Sanders
Bee Staff Writers
(Published March 23, 2001)=20
A quickly melded proposal that would assure payments for alternative energy=
=20
suppliers whose money woes contributed to power blackouts this week stalled=
=20
Thursday in a divided Legislature.=20
The state Senate passed the bill, AB 8x, but with Republicans balking, it w=
as=20
rejected in the Assembly along party lines. Assembly leaders said they may=
=20
try again today.=20
For most of Thursday, lawmakers scrutinized legislation they had overhauled=
=20
the night before to include Gov. Gray Davis' plan to force utilities to pay=
=20
solar, wind and small gas-fired suppliers. Such providers, called "qualifie=
d=20
facilities," or QFs, provide more than 20 percent of California's=20
electricity, and their shutdowns were partly to blame for rolling blackouts=
=20
Monday and Tuesday.=20
Under the Democratic governor's plan, the state Public Utilities Commission=
=20
would determine prices at which alternative generators may sell power, but=
=20
legislation is needed to authorize the PUC action.=20
Lawmakers faced time pressures Thursday. They wanted to pass the bill quick=
ly=20
so the PUC could act next week and legislators could embark Monday on an=20
annual three-day lobbying trip in Washington, D.C.=20
Assembly Speaker Robert Hertzberg, D-Sherman Oaks, said the Republicans'=20
rejection of AB 8x could jeopardize more than $4 billion the state has spen=
t=20
or allocated for electricity during the energy crisis.=20
Hertzberg said producers of alternative energy, which are owed more than $1=
=20
billion, have threatened to drag debt-ridden utilities into involuntary=20
bankruptcy if the Legislature failed to pass the measure.=20
"They said it, and I believe it," Hertzberg said. If such bankruptcies occu=
r,=20
he added, the state with its multibillion-dollar debt would become "just=20
another creditor in a pile of creditors."=20
But Assembly Republican leader Bill Campbell of Villa Park said the=20
finger-pointing is unfair. Passage of AB 8x would not necessarily prevent=
=20
bankruptcies, he said.=20
One alternative energy provider won a crucial court ruling Thursday that=20
staved off, at least for a while, threats by some creditors to haul one or=
=20
both big utilities into bankruptcy court for nonpayment of bills.=20
CalEnergy Co. Inc. won the right to sell its geothermal power, which was=20
contracted to Southern California Edison, on the open market. CalEnergy sai=
d=20
it is owed $45 million by Edison.=20
If the Imperial County judge hadn't ruled in CalEnergy's favor, the company=
=20
and seven other QFs "were fully prepared" to file an involuntary bankruptcy=
=20
petition against Edison this morning, said David Sokol, chief executive of=
=20
CalEnergy's parent, MidAmerican Energy Holdings Co. of Des Moines, Iowa.=20
"That is currently off the table."=20
An involuntary bankruptcy proceeding would take California's energy crisis=
=20
into uncharted territory, although a bankruptcy judge would have the leeway=
=20
to reject the filing.=20
Freed from its contract with Edison, CalEnergy will move to sell its=20
electricity "to people who will pay for it," Sokol said.=20
Besides calming the bankruptcy movement temporarily, the ruling also could=
=20
prompt other alternative energy providers -- hundreds of which have shut do=
wn=20
because of nonpayment by Edison and Pacific Gas and Electric Co. -- to foll=
ow=20
CalEnergy's example and find other buyers for their electricity, said Gary=
=20
Ackerman of the Western Power Trading Forum, an association of generators.=
=20
Assembly Republicans said they felt the Senate's decision to package three=
=20
important energy issues into a single bill was an attempt to ramrod=20
legislation through both houses.=20
"We have to stand and say no," Campbell said during floor debate.=20
Besides determining alternative generator payments, the bill would change a=
n=20
earlier law by capping the value of bonds the state may sell for power=20
purchases at $10 billion. It also would extend to large businesses an=20
existing rate cap in the San Diego Gas and Electric Co. service area.=20
And it would earmark a portion of rates paid by utility customers to fund t=
he=20
state's ongoing power purchases. Within a week, the state will have spent=
=20
$4.2 billion on power since January.=20
Without the bill, some legislators fear, Pacific Gas and Electric and=20
Southern California Edison would be reimbursed before the state.=20
"They have got (some) gall to go to the PUC and say they're going to go to=
=20
court to keep our money -- to keep our money to pay off their creditors,"=
=20
said Senate President Pro Tem John Burton, D-San Francisco.=20
Most of the bill's controversy, however, centered on how the PUC would trea=
t=20
gas-fired alternative generators.=20
The commission issued a revised draft decision Wednesday that would impose=
=20
prices for qualifying facilities at $79 a megawatt-hour for five-year=20
contracts or $69 a megawatt-hour for 10 years.=20
But those producers that use natural gas -- representing about two-thirds o=
f=20
the alternative energy providers in California -- spent Thursday arguing th=
at=20
Davis' plan to rescue them would all but guarantee that they would go out o=
f=20
business instead.=20
The plan -- ordering Edison and PG&E to pay them a fixed price for their=20
power -- would set rates well below the cost of natural gas, they said.=20
Democratic lawmakers tried to assure such producers that the PUC would set=
=20
prices that make business sense, even obtaining a letter to that effect fro=
m=20
Loretta Lynch, who heads the commission.=20
Davis has vowed to fine Edison and PG&E if they don't pay alternative=20
producers for future deliveries. But Sokol said his company isn't convinced=
=20
that Edison will pay.=20
Calling Edison a "confrontive, in-your-face, nasty organization," Sokol sai=
d=20
the utility was "sitting on $2 billion" and not paying its bills. Edison, i=
n=20
a Securities and Exchange Commission filing Thursday, said its debts outwei=
gh=20
its cash reserves by $722 million.=20
The Senate sent the Assembly two other bills that deal specifically with=20
supply and demand. The first, SB 5x, would spend about $1 billion on energy=
=20
conservation and low-income assistance programs. The other, SB 28x, would=
=20
streamline siting procedures for power plant construction.=20
In separate energy-related matters Thursday, the Assembly approved:=20
AB 21x, which would allow businesses, industries or other electrical=20
customers to negotiate private contracts with energy providers.=20
Nine energy bills designed to generate or save 665 megawatts of electricity=
=20
-- including 345 megawatts this summer. One megawatt is enough electricity =
to=20
light about 1,000 homes.=20
The state put power emergencies behind it, after dropping out of a Stage 1=
=20
alert late Wednesday. The California Independent System Operator, which=20
manages the state's power transmission grid, was predicting no further aler=
ts=20
this week. It expected cooling temperatures and a regular dropoff in=20
electricity use on Fridays to lessen demand, at the same time that more pow=
er=20
plants were returning to service.=20
Bee staff writer Carrie Peyton contributed to this report.=20
---------------------------------------------------------------------------=
---
-----------------------------------------
House panel ends energy hearings -- will it step in?
By David Whitney
Bee Washington Bureau
(Published March 23, 2001)=20
WASHINGTON -- A key House panel wrapped up a series of hearings on the=20
California electricity crisis Thursday and now will decide whether to come =
to=20
the state's aid with legislation.=20
But the panel's Texas chairman made clear that West Coast price controls=20
won't be on the table.=20
"Caps will not be in anything I am submitting," said Rep. Joe Barton,=20
chairman of the House Energy and Commerce Committee's energy and air qualit=
y=20
subcommittee.=20
Some form of federal controls to hold down escalating wholesale prices this=
=20
summer because of power shortages has been the most frequent appeal of=20
witnesses who testified before the panel during roughly 30 hours of hearing=
s=20
over five days.=20
Such controls have been sought by the governors of California, Oregon and=
=20
Washington. As power shortages are forecast for other regions, states like=
=20
New York also have appealed for temporary price controls to halt gouging.=
=20
But the Federal Energy Regulatory Commission, which is responsible for=20
enforcing reasonable wholesale rates under the Federal Power Act, has refus=
ed=20
to impose them, and the Bush administration is bolstering that decision by=
=20
opposing any legislation that would compel such action.=20
Barton, in a brief hallway interview, declined to say what other legislativ=
e=20
remedies he might propose to address the worsening California situation.=20
He said he expects to submit a list of ideas to the White House today, and=
=20
after receiving comment on it, sit down with other committee Republicans an=
d=20
Democrats next week to see if any legislation is in order.=20
"If we are going to do anything to help California or the West this summer,=
=20
we have to make it law within the next month or six weeks," Barton said.=20
Even the panel's senior Democrat, Virginia Rep. Rick Boucher, was urging a=
=20
"careful and deliberate approach" to the California crisis, which he said w=
as=20
largely of the state's own making.=20
There are steps Congress might take to provide some help to the West, such =
as=20
more money for conservation and relaxed federal regulation of air quality=
=20
standards. That would permit older, more polluting generators to operate=20
through a long, hot summer when electricity demand could exceed supply by=
=20
about 3,000 megawatts, roughly the amount needed to power 3 million homes.=
=20
But Alan Lloyd, chairman of the California Air Resources Board, said power=
=20
production already is being maximized without sacrificing air quality.=20
"Simply put, no essential electricity generation has been curtailed due to=
=20
air emission limitations," he said. "California's programs to protect publi=
c=20
health are not major factors in the electricity shortages experienced to=20
date."=20
The concern is that as shortages turn into more rolling blackouts, wholesal=
e=20
prices will jump even higher and steadily bleed the economies of California=
=20
and the West Coast.=20
William L. Massey, the lone member of the energy regulatory commission who=
=20
supports price controls, said at a Tuesday hearing that without them the We=
st=20
Coast faces economic catastrophe this summer.=20
It was evident from the comments of some Republicans that they think their=
=20
party could capitalize politically from a difficult summer.=20
"If they had a bad summer, it could show up in the polls," said Rep. Charli=
e=20
Norwood, R-Ga. "And sometimes that's not a bad idea."=20
One of the most dramatic exchanges during the weeklong hearings came Thursd=
ay=20
with S. David Freeman, the former general manager of the Sacramento Municip=
al=20
Utility District who now heads the Los Angeles Department of Water and Powe=
r.=20
He recently was named Gov. Gray Davis' chief negotiator with power generato=
rs=20
for long-term contracts to stabilize future deliveries.=20
"Don't feel sorry for California," Freeman said. "We're going to come out o=
f=20
this stronger than ever."=20
But Freeman said it will be a year or two before all the fixes are in place=
,=20
and in the meantime the region desperately needs Congress' help to force th=
e=20
FERC into controlling wholesale prices, which witnesses said are likely to=
=20
rise from $7 billion last year to as much as $70 billion or more this year.=
=20
"We recognize that the current administration and various legislators have=
=20
their own opinion as to the California situation," Freeman said. "But my=20
personal plea is that if the federal government is not going to help us, th=
e=20
least it should do is refrain from legislation that attempts to tell us wha=
t=20
to do."=20
Barton perked up at that idea.=20
"Leave California alone, huh?" Barton said. "That might be a good motto."=
=20
---------------------------------------------------------------------------=
---
---------------------
Dan Walters: Crisis deepens: politicos panic


(Published March 23, 2001)=20
That choking sound you hear is California's political class shifting into=
=20
near-panic mode as it realizes that the energy crisis is on the verge of=20
becoming a full-scale meltdown, with utilities forced into bankruptcy and=
=20
consumers hammered by severe and prolonged power blackouts and soaring=20
electricity bills.=20
The Legislature, which had been content to allow Gov. Gray Davis to handle=
=20
the crisis on his own, suddenly came to life Thursday, jolted by this week'=
s=20
unexpected rolling blackouts and threats by creditors to force the utilitie=
s=20
into bankruptcy court. Lawmakers quickly fashioned a basketful of legislati=
on=20
aimed -- or so they hope -- at increasing power supplies, promoting=20
conservation and relieving the financial pressure on utilities and=20
electricity generators. But it may be too little, too late -- and Davis and=
=20
other politicians are already pointing fingers of blame, aware that a=20
political price will be paid if the apocalypse strikes.=20
While Davis chants his mantra that he inherited a fatally flawed utility=20
deregulation scheme from predecessor Pete Wilson, Republicans are blaming=
=20
Davis for moving too slowly after the crisis first surfaced last summer, an=
d=20
even some of Davis' fellow Democrats are distancing themselves from the=20
governor.=20
"Deregulation was a product of a Republican governor, a Republican author a=
nd=20
a Republican PUC (Public Utilities Commission) that was unduly impatient,"=
=20
Davis said at one point this week as the Capitol buzzed with private=20
negotiations and public posturing.=20
A day later, however, state Controller Kathleen Connell, a Democrat, issued=
a=20
warning that Davis' power purchases, running at $50 million a day, had=20
already drawn down state budget reserves by nearly two-thirds, and she=20
refused to authorize additional transfers. It was a direct shot by Connell =
at=20
Davis, an old rival, and came just a day after the governor had endorsed a=
=20
Connell foe, Antonio Villaraigosa, in the duel for mayor of Los Angeles.=20
Other Democrats didn't join Connell's direct challenge to Davis, but there=
=20
is, nevertheless, a growing concern among Democratic legislators that the=
=20
power purchases are costing many billions of dollars more than the governor=
=20
had projected and could place the state budget in jeopardy. They're nervous=
=20
because Davis has refused to reveal, even to legislators, exactly how much=
=20
power the state is buying each day and how much it is paying.=20
From the few details that have been disclosed, it's clear that the state is=
=20
spending about $1.5 billion a month, which would wipe out the state's=20
reserves by midsummer. It's also becoming increasingly clear that Davis=20
probably can't make good on his promise to avoid major consumer rate=20
increases, unless the state is willing to plunge deeply and semi-permanentl=
y=20
into debt to underwrite wholesale costs, or unless federal authorities orde=
r=20
huge refunds from power suppliers.=20
Rates in areas served by private utilities have risen only slightly while t=
he=20
costs, first to utilities and later to the state, soared. Data from the=20
administration and utilities, when collated, indicate that the state is in=
=20
line to collect just 20 cents for every dollar it's spending on power=20
purchases, and the gap will increase as summer heat drives up demand.=20
Privately, some economists say that private utility rates will have to rise=
=20
33 percent to 50 percent to cover costs of current power supplies, plus=20
utilities' past debts to generators and the state's purchase of the=20
utilities' transmission system, if that deal is made final.=20
"It's ultimately going to break down, and the ratepayer is going to pay for=
=20
it one way or the other," Republican Sen. Jim Battin said during one of=20
Thursday's many committee hearings on utility legislation. No one disagreed=
=20
with him.=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
E-mail: dwalters@sacbee.com
Recent columns: http://www.capitolalert.com/voices/index_walters.html=20
---------------------------------------------------------------------------=
---
------------------------------------------

Report says power wholesalers overcharged state $6 billion=20



By Don Thompson
ASSOCIATED PRESS=20
March 22, 2001=20
SACRAMENTO =01) Electricity wholesalers have overcharged California more th=
an=20
$6.2 billion by manipulating the energy market, according to a report by an=
=20
economist working for power grid managers.=20
The Independent System Operator planned to file the findings with federal=
=20
regulators Thursday, and ask for a refund, said ISO spokesman Patrick=20
Dorinson.=20
In a related development, the state auditor said Thursday that the state's=
=20
1996 deregulation law encouraged both buyers and sellers of electricity to=
=20
"manipulate wholesale prices to their advantage" by underestimating both=20
supply and demand.=20








Disappearing state surplus sparks alarm=20
Outages darken economic outlook in state, some say=20
Out-of-state generators question power regulators' authority=20
Allegheny Energy makes big California connection=20
Enron stock slides despite earnings reassurance=20
California's electricity crisis at-a-glance=20
?=20



The auditor's report lays out what it calls "a complex combination" of=20
deficiencies and misjudgments it says led to the state's power problems.=20
The ISO's filing came a day after the state controller complained that a=20
relentless energy crisis is jeopardizing California's financial future.=20
Since May, the companies manipulated the market by bidding at excessive=20
prices, effectively withholding supplies or by not bidding at all when they=
=20
had generation capability available, according to the ISO study.=20
ISO Director of Market Analysis Anjali Sheffrin presented the findings at a=
n=20
energy conference at the University of California, Berkeley, last week.=20
The companies have denied overcharging California and have said they expect=
=20
the Federal Energy Regulatory Commission will determine their prices were=
=20
justified.=20
In a burst of activity after weeks of delay, both houses of the Legislature=
=20
approved bills Thursday designed to ease the energy crisis.=20
The state Senate approved measures to encourage energy conservation and spe=
ed=20
up power plant construction.=20
Topping that, the Assembly sent the Senate 14 energy-related bills, includi=
ng=20
$455 million in loans and grants to encourage energy efficiency and=20
conservation and alternative energy projects by this summer.=20
One of the Assembly bills would require new energy plants approved by the=
=20
state to sell their power within California before they offer it to other=
=20
states.=20
"The (California) Energy Commission says for every day we delay this bill=
=20
there are 20 megawatts that could be saved that we're not saving," said sta=
te=20
Sen. Byron Sher, D-Stanford, as senators voted 28-10 to send his conservati=
on=20
measure to the Assembly.=20
Senators also approved another Sher bill speeding up the siting of power=20
plants. It went to the Assembly on a 37-1 vote.=20
Meanwhile, a federal judge issued a preliminary injunction Wednesday orderi=
ng=20
one of the companies named in the ISO filing, Reliant Energy Services, to=
=20
continue selling to California despite its fear that it will not be paid.=
=20
U.S. District Judge Frank C. Damrell Jr. said Californians were at risk of=
=20
irreparable harm if Reliant stopped selling power to the ISO, which buys at=
=20
the last minute on behalf of utilities to bolster supplies and try to fend=
=20
off blackouts.=20
Such blackouts struck the state twice this week, shutting off power to=20
hundreds of thousands of people from San Diego to Oregon, snarling traffic=
=20
and shutting down businesses.=20
The state remained free of any power alerts Thursday morning, as power=20
reserves stayed above 7 percent.=20
Damrell dismissed Reliant's attempt to force the state Department of Water=
=20
Resources to back the ISO's purchases for the state's two biggest utilities=
,=20
Southern California Edison and Pacific Gas and Electric Co.=20
The judge said he had no authority to force the DWR to pay for that power.=
=20
The utilities have been denied credit after amassing billions of dollars in=
=20
debt paying high prices for power that the state's energy deregulation law=
=20
prevents them from passing on to consumers.=20
Gov. Gray Davis has said the state isn't responsible for purchasing the=20
costly last-minute power the ISO buys for Edison and PG&E, despite a law=20
authorizing state power purchases on the utilities' behalf.=20
ISO attorney Charles Robinson said the ruling gives ISO operators "a tool t=
o=20
assist them in keeping the lights on in California."=20
"Had the decision gone the other way, one could expect other generators to=
=20
simply ignore emergency orders," Robinson said.=20
Damrell's preliminary injunction will remain in effect until the Federal=20
Energy Regulatory Commission rules on the matter.=20
In another development Wednesday, state Controller Kathleen Connell=20
complained that the energy crunch is imperiling California's financial=20
health.=20
Connell said the state's power buying on behalf of Edison and PG&E is gutti=
ng=20
its budget surplus. Since the state started making emergency power buys in=
=20
January, the surplus has fallen from $8.5 billion to about $3.2 billion, sh=
e=20
said.=20
Connell ordered an audit of the state's power buying, saying Davis is=20
withholding key financial information from her office and the Legislature.=
=20
She is also refusing a request by Davis and the Legislature to transfer $5.=
6=20
billion into a "rainy day fund" she said was set up to impress Wall Street =
as=20
the state prepares to issue $10 billion in revenue bonds to cover its power=
=20
buying.=20
Transferring the money would leave the state general fund $2.4 billion in=
=20
debt, Connell said.=20
Sandy Harrison, spokesman for the state Department of Finance, and Keely=20
Bosler of the Legislative Analyst's Office, said such transfers are routine=
=20
and required by law.=20
They put the state's budget surplus at $5.6 billion.=20
Davis spokesman Steve Maviglio dismissed the criticism.=20
"Political grandstanding doesn't generate one more kilowatt of energy for=
=20
California in this time of emergency," he said.=20
Connell is a candidate for mayor of Los Angeles in next month's election.=
=20
The ISO study, meanwhile, covered five major in-state power suppliers =01)=
=20
Reliant, Dynegy, Williams/AES, Duke Energy and Mirant, as well as 16 power=
=20
importers. All deliver power to customers of Edison, PG&E and San Diego Gas=
&=20
Electric Co., the state's three largest investor-owned utilities.=20
"All overcharged, but some excessively and some by moderate amounts," said=
=20
ISO's Sheffrin.=20
According to the report, the overcharging took place beginning last May, wh=
en=20
the energy crisis began, and continued through last month.=20
During that time, according to the report, energy suppliers commonly offere=
d=20
their electricity at twice the amount it cost them to produce.=20
FERC member William L. Massey said he wasn't shocked to hear the amount=20
overcharged added up to more than $5 billion.=20
"Prices over the past 10 months in California have greatly exceeded the=20
federal standards of just and reasonable prices, and I think they have=20
exceeded the standards by possibly billions of dollars," he said.=20
Chuck Griffin, spokesman for Atlanta-based Mirant said the company would=20
justify their charges to FERC officials.=20
"I think we're missing sometimes just how basic the problem is in Californi=
a.=20
Supply and demand are out of whack and some basic rules of economics kick i=
n=20
when that happens," he said.=20
---------------------------------------------------------------------------=
---
-------------

Disappearing state surplus sparks alarm=20



Controller puts hold on transfer of $5.6 billion to reserve funds
By Karen Kucher and Ed Mendel=20
UNION-TRIBUNE STAFF WRITERS=20
March 22, 2001=20
The state's general fund surplus has dropped to $3.2 billion from $8.5=20
billion since January largely because California's power purchases are=20
devouring the money, state controller Kathleen Connell said yesterday.=20
Connell said she wants to see more documentation about state power spending=
=20
before approving the transfer of $5.6 billion from the general fund to a=20
special reserve fund requested by Gov. Gray Davis.=20
Connell said the state would have to borrow $2.4 billion to cover the=20
transfer.=20








Report says power wholesalers overcharged California $5.5 billion=20
Outages darken economic outlook in state, some say=20
Out-of-state generators question power regulators' authority=20
Allegheny Energy makes big California connection=20
Enron stock slides despite earnings reassurance=20
California's electricity crisis at-a-glance=20
?=20



"We started this year with a generous budget surplus. The energy crisis has=
=20
taken much of that away, and this transfer on top of the electricity=20
purchases would put the (general) fund at risk," Connell said in a statemen=
t.=20
Her action came on a day when state power supplies improved. After two days=
=20
of forced outages this week, no rolling blackouts were ordered yesterday.=
=20
Several power plants came back on line and imports from the Pacific Northwe=
st=20
provided enough electricity to meet demand yesterday, said Stephanie=20
McCorkle, a spokeswoman with the California Independent System Operator,=20
which manages most of the state's power grid.=20
"Gradually more (electricity) generation comes on every day," McCorkle said=
.=20
"By Monday, we should see somewhere around 2,200 megawatts back in service=
=20
that was not on this Monday. That's if no other generation falls off."=20
Meanwhile, Connell's move took some by surprise.=20
A spokesman for the state Department of Finance said Connell is denying a=
=20
routine transfer that is required by law. "It was just a routine accounting=
=20
measure that we didn't anticipate becoming controversial," Sandy Harrison=
=20
said.=20
Connell announced the denial of the transfer a day after Davis endorsed one=
=20
of her opponents, former Assembly Speaker Antonio Villaraigosa, in the race=
=20
for Los Angeles mayor.=20
Connell, who monitors California's cash flow, said she was "deeply concerne=
d=20
about putting the state's general fund in a deficit situation in light of t=
he=20
energy crisis."=20
About two months ago, the state began spending about $50 million a day to b=
uy=20
power after Pacific Gas and Electric and Southern California Edison nearly=
=20
went bankrupt. It is also purchasing power for customers of San Diego Gas a=
nd=20
Electric.=20
The Davis administration said earlier this week it soon will begin spending=
=20
an additional $500 million on power purchases, bringing the total to $4.2=
=20
billion.=20
As that staggering sum continues to grow, the state won a court battle with=
=20
an electricity supplier yesterday. A federal judge in Sacramento sided with=
=20
the state and ordered the wholesaler to continue selling to California=20
despite its fear that it will not get paid.=20
Judge Frank C. Damrell Jr. said Californians were at risk of irreparable ha=
rm=20
if Reliant Energy Services stopped selling power to the Independent System=
=20
Operator. The ISO acquires last-minute power on behalf of utilities to fill=
=20
gaps in supply to try to fend off blackouts.=20
Damrell dismissed Reliant's attempt to force the state Department of Water=
=20
Resources to back the ISO's purchases for the state's two biggest utilities=
.=20
The judge said he had no authority to force the DWR to pay for the power.=
=20
Davis has said the state isn't responsible for purchasing the costly=20
last-minute power the ISO buys for Edison and PG&E, despite a law authorizi=
ng=20
state power purchases on the utilities' behalf.=20
Meanwhile, those who manage the power grid say the forecast for power=20
supplies this week looks good, although conditions can change quickly.=20
ISO managers continue to stress the importance of conservation. Utility=20
customers across the state conserved about 900 megawatts of power Tuesday,=
=20
which kept blackouts from being ordered that night.=20
As the power crisis worsened this week, ISO managers wished aloud that they=
=20
still could rely on business customers to shut down in exchange for lower=
=20
energy rates.=20
Such "interruptible" customers saved as much as 2,100 megawatts last spring=
,=20
a figure that dropped to about 1,700 last summer and 1,400 at the end of th=
e=20
year. But in January, the state Public Utilities Commission told utilities=
=20
they could no longer impose fines on business customers who refuse to shut=
=20
down when asked.=20
ISO managers realize the program was harming businesses with frequent=20
interruptions of service -- but they still miss having that option, McCorkl=
e=20
said.=20
"It would have made an enormous difference, but at the same time we=20
understand the impact it was having on businesses," McCorkle said.
---------------------------------------------------------------------------=
---
--------------

Outages darken economic outlook in state, some say=20



By Dean Calbreath?
UNION-TRIBUNE STAFF WRITER=20
March 22, 2001=20
Until this week, the San Diego Regional Chamber of Commerce was predicting=
=20
that the county was well-insulated from the growing threat of economic=20
recession.=20
But that was before the lights went out in the chamber's downtown=20
headquarters Monday.=20
Working by window light in his darkened office, chamber economist Kelly=20
Cunningham rapidly erased his previous projections for 3.5 percent growth f=
or=20
San Diego County. Cunningham now feels the local economy could fall into a=
=20
recession thanks to its shaky supply of energy.=20








Report says power wholesalers overcharged California $5.5 billion=20
Disappearing state surplus sparks alarm=20
Out-of-state generators question power regulators' authority=20
Allegheny Energy makes big California connection=20
Enron stock slides despite earnings reassurance=20
California's electricity crisis at-a-glance=20
?=20



"Blackouts are very disruptive to the economy," Cunningham said. "A busines=
s=20
can absorb rising energy prices by cutting costs or raising its own prices.=
=20
But an energy shutoff is much less predictable. It cuts into productivity."=
=20
Those sentiments are being echoed throughout California, as business leader=
s=20
and economists worry that rolling blackouts will darken the state's=20
previously glowing economy.=20
At the University of California Los Angeles, for instance, leading financia=
l=20
theorists will meet April 4 to discuss the question "Can California grow in=
=20
the dark?" Although the topic was chosen before the recent string of power=
=20
outages, the blackouts have given the issue new urgency.=20
"These blackouts are not just a single episode," said UCLA economist Tom=20
Lieser. "They are a bridge to what will happen this summer. If we don't fal=
l=20
into a recession in the second half of the year, we will fall pretty close.=
"=20
Tapan Munroe, an economist formerly with Pacific Gas and Electric, this wee=
k=20
crossed out his projection for 2 percent statewide growth. After blackouts=
=20
rolled toward his consulting offices in the Bay Area city of Moraga, Munroe=
=20
decided the state will be lucky if it manages zero growth.=20
"I'm a pretty optimistic guy by nature, but this has been sobering," Munroe=
=20
said. "On Tuesday, one restaurant alone in San Francisco lost $20,000.=20
Multiply that by all of the businesses that lost power in the state and=20
you've got a serious problem."=20
Two days of blackouts in San Diego County have hurt businesses large and=20
small. Among the industries under threat is the local biotechnology sector,=
=20
which requires a steady supply of electricity to power areas of laboratorie=
s=20
that must remain temperature-controlled and sterile.=20
Continued blackouts "could have a huge impact, not only in dollars, but=20
multiple millions of dollars," said Tom Oster, vice president of operations=
=20
for BioCom, the leading trade organization for the more than 200 biotechs i=
n=20
San Diego County.=20
Idun Pharmaceuticals, a biotech near La Jolla Village Drive that has 67=20
employees, had its power cut for about 40 minutes Tuesday. Though the compa=
ny=20
has a back-up generator, some segments of its laboratories and lab equipmen=
t=20
were not supported by it. Chemists also had to turn off some sensitive lab=
=20
equipment to avoid the possibility of a damaging power surge once the=20
blackout was over.=20
"We're not in a position as a small company to back up the whole facility,"=
=20
said Steven Mento, Idun's chief executive. "We haven't done a survey yet to=
=20
determine whether we had losses, either in experiments or equipment damaged=
=20
-- but we're hoping because the blackout was so short that damage will be=
=20
minimal."=20
Mento said rolling blackouts, coupled with continuing high energy costs,=20
could cripple many small biotechs -- and even take a bite out of bigger, mo=
re=20
established companies.=20
"We generate new compounds in controlled environments on a daily basis, and=
=20
when power goes off you can lose samples because of contamination and other=
=20
issues," Mento said. "We are fortunate that our losses would be in having t=
o=20
repeat an experiment -- but this could be really critical for companies wit=
h=20
drug manufacturing and issues of quality control."=20
The wireless firms along Sorrento Valley have not been immune from blackout=
s.=20
The lights went out at Qualcomm early this week, although executives declin=
ed=20
to comment about the impact.=20
No blackouts hit the big shipbuilding operations on the waterfront this wee=
k.=20
But the National Steel and Shipbuilding Co. -- one of San Diego's largest=
=20
employers -- already experienced a voluntary loss of power this year, its=
=20
first since World War II. Since the shipyard does not have its own power=20
supply, NASSCO executives fear the effect of unplanned outages.=20
"Our average payroll totals half a million dollars a day," said NASSCO=20
spokesman Jim Scott. "When you have a day's work disrupted, that can be=20
pretty serious. We're currently in discussions about the possibility of=20
buying from independent power suppliers, or setting up a power plant of our=
=20
own."=20
Small businesses, which constitute the bulk of employment in San Diego=20
County, were hurt by disruptions as well -- costing them vital revenue at a=
=20
time when their power bills have skyrocketed.=20
At Fantastic Sam's, a hair salon in Chula Vista, Angelica Alcala estimated=
=20
that business dropped 60 percent when the blackouts hit Tuesday. Among othe=
r=20
things, Alcala had to alter her planned haircuts because she was relying on=
=20
scissors instead of electric clippers.=20
At the Family Fun Center in El Cajon, the management gave vouchers or refun=
ds=20
to the 15 or so video-game players who were in the midst of killing aliens =
or=20
fighting ninja warr