Enron Mail

From:d..steffes@enron.com
To:elliot.mainzer@enron.com
Subject:RE: SBX2 78 - Update
Cc:
Bcc:
Date:Wed, 29 Aug 2001 15:17:43 -0700 (PDT)

cheers.


-----Original Message-----
From:=09Mainzer, Elliot
Sent:=09Wed 8/29/2001 5:13 PM
To:=09Steffes, James D.; Bolton, Stacey; Thome, Jennifer; Dasovich, Jeff
Cc:=09Bryson, Jesse; Schoen, Mary
Subject:=09RE: SBX2 78 - Update

We are in the process of calculating EWS's potential short position on gree=
n power that could result from an RPS in California. We should have definit=
ive numbers by mid-day tomorrow. We are working with Steve Swain and Jeff R=
ichter to assess the exposure, running our commodity short against $1.50, $=
3.00 and $7.00 green curves. Numbers will eventually be adjusted for contra=
cts with pass-through clauses. We can discuss the results on our conference=
call tomorrow.
EM

-----Original Message-----
From: Steffes, James D.=20
Sent: Wednesday, August 29, 2001 2:44 PM
To: Mainzer, Elliot; Bolton, Stacey; Thome, Jennifer; Dasovich, Jeff
Cc: Bryson, Jesse; Schoen, Mary
Subject: RE: SBX2 78 - Update





-----Original Message-----
From:=09Mainzer, Elliot
Sent:=09Wed 8/29/2001 4:02 PM
To:=09Bolton, Stacey; Thome, Jennifer; Dasovich, Jeff
Cc:=09Bryson, Jesse; Steffes, James D.; Schoen, Mary
Subject:=09RE: SBX2 78 - Update

I want to make sure that Jeff Richter from the power desk knows about this =
potential increased cost.

Jim


-----Original Message-----
From:=09Mainzer, Elliot
Sent:=09Wed 8/29/2001 4:02 PM
To:=09Bolton, Stacey; Thome, Jennifer; Dasovich, Jeff
Cc:=09Bryson, Jesse; Steffes, James D.; Schoen, Mary
Subject:=09RE: SBX2 78 - Update

How about tomorrow afternoon at 4:00 Houston time?

=09 -----Original Message-----
=09From: =09Bolton, Stacey =20
=09Sent:=09Wednesday, August 29, 2001 1:55 PM
=09To:=09Mainzer, Elliot; Thome, Jennifer; Dasovich, Jeff
=09Cc:=09Bryson, Jesse; Steffes, James D.; Schoen, Mary
=09Subject:=09RE: SBX2 78 - Update

=09I think that's a good idea -- particularly w/ respect to the likelihood =
of passage. If we could arrange for tomorrow afternoon after 2:00 p.m. CDT=
that would be great. I've got a 4:00 and a 5:00 this afternoon.

=09Thanks,
=09Stacey Bolton
=09Environmental Strategies
=09Enron Corp
=09713-853-9916 direct=20
=09713-303-2632 cell=20
=09sbolton@enron.com <mailto:sbolton@enron.com<
=09=20

=09=09 -----Original Message-----
=09=09From: =09Mainzer, Elliot =20
=09=09Sent:=09Wednesday, August 29, 2001 3:23 PM
=09=09To:=09Thome, Jennifer; Dasovich, Jeff
=09=09Cc:=09Bryson, Jesse; Steffes, James D.; Bolton, Stacey; Schoen, Mary
=09=09Subject:=09RE: SBX2 78 - Update

=09=09Jenny -- I would appreciate you setting up a call with relevant folks=
to discuss this. Later this afternoon or tomorrow afternoon work well for =
me.

=09=09Thx,

=09=09Elliot


=09=09=09 -----Original Message-----
=09=09=09From: =09Thome, Jennifer =20
=09=09=09Sent:=09Wednesday, August 29, 2001 1:10 PM
=09=09=09To:=09Dasovich, Jeff
=09=09=09Cc:=09Bryson, Jesse; Mainzer, Elliot; Steffes, James D.; Bolton, S=
tacey; Schoen, Mary
=09=09=09Subject:=09FW: SBX2 78 - Update

=09=09=09Jeff:

=09=09=09As you may know, at Jim's request, Stacey Bolton reviewed the rene=
wables language in SBX2 79 and SB 532 and identified some important issues.=
=20

=09=09=09In a memo she sent out yesterday, she detailed her concerns about =
these bills (copied below, for your reference). =20

=09=09=09How do you suggest we proceed? Shall I arrange a brief call for u=
s with Stacey, Elliot, Mary and Jesse to discuss where we stand and strateg=
y going forward?

=09=09=09Jennifer =20

=09=09=09***************
=09=09=09Overall Concerns: =20
=09=09=09=091.=09The requirement for retailers to enter into a direct bilat=
eral for the power from renewable energy and schedule it into the CA grid p=
resents limitations and could drive up costs.
=09=09=09=092.=09It?s unclear if the REC is truly separate instrument from =
the underlying commodity. The above requirement indicates that it is not. =
This would negatively impact, and even negate the main reasons to have a R=
EC trading program - to provide flexibility and act as verification for the=
RPS.
=09=09=09=093.=09The biomass definition is too limiting. Would be difficul=
t to detail this amount of information on a REC. Need to have language tha=
t distinguishes whether the REC is RPS eligible or not.
=09=09=09=094.=09Utilities are given preferential treatment in proposed lan=
guage in that utilities can recover costs through rate base and the Departm=
ent of Water Resources (SB 532 only) is instructed to purchase renewables o=
n their behalf if it is cost prohibitive for the utilities.
=09=09=09=095.=09While the cost cap is positive from a retail perspective, =
it might be out of the market from a wholesale perspective to cover the ren=
ewable premiums for new sources.


=09=09=09 -----Original Message-----
=09=09=09From: =09Bolton, Stacey =20
=09=09=09Sent:=09Wednesday, August 29, 2001 2:39 PM
=09=09=09To:=09Thome, Jennifer
=09=09=09Cc:=09Mainzer, Elliot; Bryson, Jesse
=09=09=09Subject:=09RE: SBX2 78 - Update

=09=09=09The concerns that I listed at the end of the memo are the ones tha=
t I believe need to be addressed and clarified if it appears one of these b=
ills are moving forward at a rapid pace. Thanks!

=09=09=09Stacey Bolton
=09=09=09Environmental Strategies
=09=09=09Enron Corp
=09=09=09713-853-9916 direct=20
=09=09=09713-303-2632 cell=20
=09=09=09sbolton@enron.com <mailto:sbolton@enron.com<
=09=09=09=20

=09=09=09=09 -----Original Message-----
=09=09=09=09From: =09Thome, Jennifer =20
=09=09=09=09Sent:=09Wednesday, August 29, 2001 2:22 PM
=09=09=09=09To:=09Bolton, Stacey
=09=09=09=09Cc:=09Mainzer, Elliot; Bryson, Jesse
=09=09=09=09Subject:=09RE: SBX2 78 - Update

=09=09=09=09Stacey:

=09=09=09=09As Jim has asked me to follow more closely CA legislation, I su=
ggest you let both Jeff and me know what your issues are, etc. and we can d=
etermine the best way to proceed.

=09=09=09=09Thanks,=20

=09=09=09=09Jennifer


=09=09=09=09=09 -----Original Message-----
=09=09=09=09=09From: =09Bolton, Stacey =20
=09=09=09=09=09Sent:=09Wednesday, August 29, 2001 2:04 PM
=09=09=09=09=09To:=09Thome, Jennifer
=09=09=09=09=09Cc:=09Mainzer, Elliot; Bryson, Jesse
=09=09=09=09=09Subject:=09RE: SBX2 78 - Update

=09=09=09=09=09Thanks. The changes in combination are okay, though it woul=
d be better to get the date as Sept '96 for eligibility and interconnected =
to CA grid. Also, we still need to work on the REC language (i.e. not mand=
atorily tied to output power contracts). What's the best way to approach? =
Discuss w/ Jeff Dasovich?

=09=09=09=09=09Stacey Bolton
=09=09=09=09=09Environmental Strategies
=09=09=09=09=09Enron Corp
=09=09=09=09=09713-853-9916 direct=20
=09=09=09=09=09713-303-2632 cell=20
=09=09=09=09=09sbolton@enron.com <mailto:sbolton@enron.com<
=09=09=09=09=09=20

=09=09=09=09=09 -----Original Message-----
=09=09=09=09=09From: =09Thome, Jennifer =20
=09=09=09=09=09Sent:=09Wednesday, August 29, 2001 11:40 AM
=09=09=09=09=09To:=09Bolton, Stacey
=09=09=09=09=09Subject:=09FW: SBX2 78 - Update


=09=09=09=09=09FYI - see Scott's message below for an update on SBX2 78. =
=20

=09=09=09=09=09Also, I wanted to make sure that you have on your radar scre=
en the most recent versions of the bills you analyzed. I noticed, for exa=
mple, that in the most recent version of SB 532 (amended on 8/27) there wer=
e some important revisions (for example, see highlighted text). This bill=
is avaiable at: http://info.sen.ca.gov/pub/bill/sen/sb_0501-0550/sb_532_bi=
ll_20010827_amended_asm.html

=09=09=09=09=09Jennifer

=09=09=09=09=09CHAPTER 5.6. CALIFORNIA RENEWABLES PORTFOLIO STANDARD PROGRA=
M 25465. For purposes of this chapter, the following terms have the followi=
ng meanings. (a) "Eligible renewable energy resource" means an electric gen=
erating facility or solar thermal energy system that reduces the consumptio=
n of electricity through the use of renewable resources and generating faci=
lity that meets all of the following criteria: (1) Uses wind, solar, geothe=
rmal, or biomass as its primary fuel. (A) A solar thermal energy system tha=
t reduces the consumption of electricity may be considered an eligible rene=
wable energy resource. (B) Fuel cells using renewable fuels are an eligible=
renewable energy resource. (2) Improves the resource diversity in the elec=
tricity market that serves the state, and increases the reliability of the =
state's electricity system. The commission shall deem an electric generatin=
g facility or solar thermal energy system to satisfy this requirement if it=
meets any one of the following criteria: (A) It is located within or inter=
connected to the control area of the California Independent System Operator=
, the Los Angeles Department of Water and Power, or the Imperial Irrigation=
District. (B) Its power is sold under a direct bilateral contract to a ret=
ail seller and its energy is scheduled into the control area of the Califor=
nia Independent System Operator, the Los Angeles Department of Water and Po=
wer, or the Imperial Irrigation District. (C) It meets other fact-based cri=
teria established by the commission. seller and its energy is delivered to =
end-use customers within the state. (b) "Eligible existing renewable energy=
resource" means an electric generating facility that satisfies all criteri=
a in subdivision (a) and is in existence before January 1, 2001 September 2=
6, 1996 . Any facility that sells its output to an electrical corporation u=
nder a contract entered into prior to 1996 under the federal Public Utiliti=
es Regulatory Policies Act of 1978 (P.L. 95-617) shall be considered an eli=
gible existing resource. &copy; "Eligible new renewable energy resource" means=
output from an electric generating facility that satisfies all criteria in=
subdivision (a) and meets at least one of the following criteria: (1) The =
facility commenced initial operation on or after January 1, 2001. September=
26, 1996. (2) The output represents incremental production from repowered =
or refurbished existing facilities and project additions completed on or af=
ter January 1, 2001 September 26, 1996 , as measured by the production of k=
ilowatthours above the five-year average of the kilowatthours delivered fro=
m the project during the five-year period ending December 31, 2000. kilowat=
thours previously delivered from the project. Incremental output from repow=
ered or refurbished facilities sold to an electrical corporation under a co=
ntract entered into prior to January 1, 2001, that specifies fixed capacity=
payments for the incremental output may not be considered an eligible new =
renewable energy resource. (3) The output represents incremental output abo=
ve levels specified in contracts for facilities defined in subdivision (b).

=09=09=09=09=09Also: &copy; "Eligible new renewable energy resource" means out=
put from an electric generating facility that satisfies all criteria in sub=
division (a) and meets at least one of the following criteria: (1) The faci=
lity commenced initial operation on or after January 1, 2001. September 26,=
1996. (2) The output represents incremental production from repowered or r=
efurbished existing facilities and project additions completed on or after =
January 1, 2001 September 26, 1996=20


=09=09=09=09=09 -----Original Message-----
=09=09=09=09=09From: =09"Scott Govenar" <sgovenar@govadv.com<@ENRON [mailto=
:IMCEANOTES-+22Scott+20Govenar+22+20+3Csgovenar+40govadv+2Ecom+3E+40ENRON@E=
NRON.com]=20
=09=09=09=09=09Sent:=09Tuesday, August 28, 2001 8:43 PM
=09=09=09=09=09To:=09Sharma, Ban; Leboe, David; Eric Letke; Thome, Jennifer=
; Ken Smith; Bev Hansen; Hedy Govenar; Buster, Miyung; Guerrero, Janel; Rob=
ert Frank; Mike Day; Lawner, Leslie; Kingerski, Harry; Karen Denne; Kean, S=
teven J.; Alan Comnes; Susan J Mara; Kaufman, Paul; Jeff Dasovich; Steffes,=
James D.; Rick Shapiro
=09=09=09=09=09Subject:=09SBX2 78 - Update

=09=09=09=09=09The Assembly Energy, Costs and Availability Committee heard =
and voted on
=09=09=09=09=09amendments to SBX2 78 proposed by many interested parties. =
Some passed,
=09=09=09=09=09some failed and most of them served to further confuse the c=
ommittee
=09=09=09=09=09members. Eventually the committee stalled on detailed propo=
sals made by
=09=09=09=09=09TURN and other consumer groups.

=09=09=09=09=09During the hearing Hedy had the opportunity to speak to Nanc=
y McFadden and
=09=09=09=09=09Richard Katz from the Governor?s office regarding a couple o=
f issues
=09=09=09=09=09highlighted by Jeff and Mike Day. Richard said he is willin=
g to make more
=09=09=09=09=09technical amendments when the bill gets to Appropriations. =
Subsequently,
=09=09=09=09=09Hedy and I spoke to D.J. Smith at Jeff?s request. D.J. agre=
ed that the bill
=09=09=09=09=09needs to use the August 24th date as a grandfather date for =
executed DA
=09=09=09=09=09contracts, but specifically asked that we (Enron) not speak =
to Richard about
=09=09=09=09=09it. He said he will have the business entities request it a=
s a clarifying
=09=09=09=09=09amendment. If we request it, he thought Richard would be le=
ss likely to
=09=09=09=09=09believe it's clarifying since he believes our motives to be =
too
=09=09=09=09=09self-serving. Also, we spent some time with Lenny Goldberg =
on direct
=09=09=09=09=09access. We suggested that ?shall? be changed to ?may? in or=
der to give more
=09=09=09=09=09leeway to the PUC on direct access suspension. He didn?t ne=
cessarily oppose
=09=09=09=09=09the policy, but his position is not to amend a bad bill unle=
ss you can
=09=09=09=09=09totally rewrite it (which he later attempted to do).

=09=09=09=09=09A lobbyist for a significant generator told us that they are=
prepared to
=09=09=09=09=09push Edison into bankruptcy (along with the Canadian governm=
ent) if this
=09=09=09=09=09bill passes.

=09=09=09=09=09There is no consensus that this measure will ever get to the=
Governor?s
=09=09=09=09=09desk.

=09=09=09=09=09The committee will meet again tomorrow at approximately 1:30=
p.m. to vote on
=09=09=09=09=09additional amendments and ultimately to vote on the complete=
bill.