California Captolweek  January 12, 2001

Energy Crisis update

Alternative energy

PUC and Utility Reform Network

Davis State of the State and Energy

Utility bailout

 

((Jack)) Just ahead, will you have to pick up the tab for California’s energy crisis?  Several bailout plans are on the table that could leave consumers holding the bag. But are these proposals short-sighted?

 

((Melissa  )) Could Green energy help meet more of our energy needs? Plus . . . is Governor Davis ready to step up and fix the de-regulation mess? Hello I’m Melissa Crowley.

((Jack)) And I’m Jack Kavanagh, those stories and more next.

 

((Mel)) Thank you for joining us. Solving the state’s energy crisis continues to take center stage. The Governor revealed his plans is his third state of the state address this week . . . but are his proposals workable? And what was not said in the state of the state address? Jack Kavanagh will have more on that later. But first . .  have we explored all our options to tackle the mounting problem? Green energy is getting a second look, and so are public versus private owned utilities.

 

ALTERNATIVE ENERGY SOLUTIONS PKG.

 

Mother Nature…

 

Can she offer long term relief from the state’s current energy woes?  Those driving efforts to harness renewable efforts like wind and solar power think so…

 

((Ken Keddington, Tenderland Power Company))

Overall it will become cheaper than fossil-fuel generated plants.

 

The Tenderland Power Company supplies energy to forty-thousand California customers by harvesting wind power, and at a price of about nine cents a kilowatt hour, this green energy is cost effective compared to current market rates…

 

Backers say there’s another benefit…

 

((Ken Keddington, Tenderland Power Company))

Cleaner air, a better environment, protecting the existing environment and improving it for the future.

 

But renewable energy can be pricey to develop and only accounts for a small percentage of the state’s overall energy supply…

 

Hydropower is generally accepted as an energy powerhouse.  Although dependent on rain and snow levels, hydro, in part, helps the Sacramento Municipal Utilities District provide power to its customers, but SMUD customers are now enjoying reasonable rates for a different reason…

 

((Jim Tracy, SMUD)) PG&E is a private utility, which answers to shareholders.  SMUD is a public entity, and we’re basically governed by a board of directors that’s elected here locally.

 

That meant that SMUD opted out of deregulation, enabling them to enter long term contracts for more stable energy prices and keep operating power generating facilities themselves…

 

((Jim Tracy, SMUD)) We decided that we should hold onto ours.

 

The result: saving for customer since SMUD does not have to buy back the majority of their power from wholesalers at market rates…

 

((Jim Tracy, SMUD)) As it’s turned out, it has been quite an advantage.

 

That’s made creating more public utilities attractive for lawmakers looking for solutions to the state energy crisis…

 

But SMUD warns that municipalities will still be affected if the private companies like PG&E go bankrupt…

 

((Jim Tracy)) What I think that people don’t understand is that for years there are contracts that have been developed that link SMUD and others to these utilities, and the repercussions of having them go bankrupt go far beyond just their shareholders.

 

The legislature is looking at potential fixes to keep PG&E and Southern Cal-Edison afloat.  Consumer advocates object to bailing out the private utilities.  Lawmakers promise consumer concerns will be addressed…

 

((Robert Hertzberg, Assembly Speaker [D])) The public deserves to know what went wrong.  They deserve to know where the money went, and they deserve answers, and we are going to get them.

 

Meantime, all sides agree a greater energy supply is still needed.  Industry insiders say more power needs to be made, not just imported.  Like a busy freeway, transmission lines can only handle so much traffic effectively…

 

((Jim Tracy, SMUD)) Electricity is really an interesting commodity.  It’s really the only thing out there that you can’t manufacture and then put in a warehouse and then, when demand gets really high, pull it out of the warehouse.  It has to be done instantaneously.

 

But whether an affordable, sufficient supply can be delivered under the terms of deregulation is still debatable…

 

The Governor called deregulation a failure.  Others, like Ken Keddington, believe it can still work…

 

((Ken Keddington, Tenderland Power Company)) The end goal of having cheaper power and a better supply for the end user is there.

 

 

END ALTERNATIVE POWER SOLUTIONS PKG.

 

(( Melissa  )) So here’s what’s on the table –

 

The Governor has pledged one billion dollars,  including funds for new power generators.

 

He’s also calling on legislators to restructure the state’s independent system operator.

 

State treasurer Phil Angelides is floating a plan for the state to take over the grid.

 

Other potential fixes include tax incentives for more generation.  

 

Some lawmakers suggest taking over private hydropower facilities.

 

Money has been pledged to push conservation measures among consumers

 

And Republican state Senator Tom McClintock wants the budget surplus used for energy rebates to cover energy costs

 

 

Joining us now to sort this out:

 

Loretta Lynch, President of California’s Public Utilities Commission. . . And Lenny Goldberg, lobbyist for TURN, or the utility reform network.

 

Thanks for being with us. We also want to mention we’ve received many questions about deregulation and we’ll get to some of those in a moment.

 

((Melissa)) Loretta, first question.  As a ratepayer, how much is this going to cost us?

 

((Loretta Lynch, President of California’s Public Utilities Commission)) You know, it entirely depends on what the forward price of power is.  The single biggest factor in our electric is what we have to pay for power tomorrow and the next day and the next day, so Governor Davis went to Washington to meet with the generators, the people who own the power plants to say, “Get the price down now,” and, so, if we can get that price down low enough, we’re not going to have rate increases.  That’s the big question that’s on the table.

 

((Melissa)) Now, you’re just back from D.C., and we’re getting the sentiment here that the federal government is not necessarily overwhelmed with sympathy for the state of California.  Ultimately, are we going to have to fix this within the state’s borders?

 

((Loretta Lynch, President of California’s Public Utilities Commission)) I think so.  It’s a state fix to a problem that might well have reverberations outside of California, but we need to talk to our power plant owners, our utilities, our customers, and everybody to conserve to fix this.

 

((Melissa)) All right, Lenny.  As we look at some of the fixes on the table, this is the day you dreaded as a consumer advocate, this kind of mess.  Do you think if the state takes over the grid, is that a workable solution for consumers?

 

((Lenny Goldberg, Utility Reform Network)) Well, it may be a part of the solution.  It’s not the only solution.  We have to be really convinced that it’s really going to take some power back, frankly, from the federal government.  One of the advantages to taking over the grid is to get out from under the Federal Energy Regulatory Commission, which has been totally irresponsible in terms of policing the market.  Now we’ve got to change those market rules, and that’s one of the fixes that’s moving through the legislature that the Governor has proposed, and that’s a major concern.  We may need to take over the grid.  There may be some real advantages to it, but it doesn’t solve the problem.

 

((Melissa)) All right, Lenny, as we look at the problems we’re facing today, why did no one foresee this when deregulation was cooked up?

 

((Lenny Goldberg, Utility Reform Network)) You know, I have to say the one issue that we raise continuously is the question of market power, and that is the issue that is destroying this energy market, if there can be one.  If you look in the middle of the night on Christmas Eve, when only Santa was out and about and people were lighting candles instead of lights and the price of power was six times what it should have been, and that has nothing to do with supply.  Supply is an issue for sure, but the market is so completely dysfunctional that us [sic] ratepayers are absolutely not paying for that mess.  You know, the utilities shouldn’t be paying for that mess.  You know, we’ve got to fix this.  We’ve got to go back to some form of regulation, taking the retain generation that we currently have and dedicating that to residential and smaller business customers, and let the big dogs go at the market and do what they have to do.

 

((Melissa)) All right.  Now as we talk about regulation, let’s get to a question that a viewer sent to us.  They write: “The real question is not will the energy industry be regulated, but who will regulate it?  I prefer the municipality or the state.”  That’s from Leland in Fairfield.  Loretta, as we look at some of the mistakes from deregulation, what is there to protect us from—if the state takes over the grid, the wholesaler issue rearing its ugly head again.  In other words, these outrageous charges for power.  How will the state be able to run that any more efficiently?

 

((Loretta Lynch, President of California’s Public Utilities Commission)) Well, you know, Leland has it exactly right.  Four years ago, the Wilson administration did not deregulate the industry; they federalized deregulation.  So, they handed power to control rates off to the federal government.  The problem is the federal government isn’t doing its job.  It’s not controlling rates, so the state of California needs to take several steps, everything we can do, to remove ourselves from under federal control.  It’s really difficult to put the genie back in the bottle because, basically, the utilities sold off their power plants, and now new people own the power plants.  The problem is they formed a cartel, and they’re charging outrageous prices.

 

((Melissa)) And how do we prevent that from happening again?

 

((Loretta Lynch, President of California’s Public Utilities Commission)) Well, one way is to have what Governor Davis proposed, which is to have California get into the competition as well.  A California power authority or joint power authority could also build power at the very lowest cost, and if you blend in very low cost power with some of the power you have to purchase from the power pirates, then the overall price will go down.

 

((Melissa)) Lenny, are you comfortable from a consumer protection standpoint with the state possibly taking over the grid, and, again, do you think that will be enough to prevent wholesalers from—

 

((Lenny Goldberg, Utility Reform Network)) Yeah, I think the state has to take much more aggressive activity.  One other part of the question is municipalities.  People need to get much greater control of their energy future, and that means we need to energy efficiency in renewable dollars out in ways that they have not been successful so far.  They’ve been in the hands of the utilities, and they need to be really getting out into the communities, where people can really do the job.  I also think, though, that if you look at Edison’s cost or PG&E’s cost of producing in their own generation plants, it’s three and a half cents.  The market is giving us twenty-five cent power, so we’ve got to take the native generation that we currently have some control of, not let the utilities spin off one megawatt more than they currently have, and have that dedicated to meet your small customer load, and in addition, do some contracting, do some intervention, but so far I think we’re missing that point of making sure that that dedicated load is dedicated to protecting customers at very reasonable prices.  The cost of producing electricity is nowhere near what we’re paying for electricity

 

 

((Melissa)) Well, let’s look at the power issue because, ultimately, if we get out of the situation that we’re in now, we’re still facing a supply problem, so even if the state were to take over the grid, don’t we need more power generation facilities to keep costs low?

 

((Loretta Lynch, President of California’s Public Utilities Commission)) We do.  We need a mix of both energy efficiency.  We all need to use energy wiser, but we also do need more power.  You know, Governor Davis has really been focused on getting more power online in California.  In the last eighteen months since he took office, nine power plants have been permitted and five are under construction.  That nine and five number is more than the entire prior two administrations either permitted or built in California, so he’s been focused on this.  California can, by building and using energy smarter, we can get ourselves out of this problem.  The biggest problem lies in the next three years when we have to get over the hump of the lack of power plant building for the last sixteen years, and in that time frame when power supplies are short, the power producer cartel has a lot of power, so I agree with Lenny.  One of the things that Governor Davis called for in his state of the state is for the utilities who still own power plants to keep them, and then we use that low cost power to serve their folks.

 

((Melissa)) Okay, we’re in our final few seconds here.  As we look at a bailout for the utilities, do you think it’s fair to ask consumers to pick up the tab when the utilities backed deregulation?  Loretta?

 

((Loretta Lynch, President of California’s Public Utilities Commission)) You know, the problem is there’s been a lot of idle talk about bankruptcy, and the problem is even if the utilities went bankrupt, that wouldn’t solve our problem because the utilities cannot cover electricity for you and me.  Maybe they can cover electricity for one of us, but they don’t have enough power plants to cover electricity for all of us, so it’s not the normal bankruptcy situation.

 

((Melissa)) All right, Lenny, a quick, final word?

 

((Lenny Goldberg, Utility Reform Network)) We bailed them out once in this first deregulation; we’re not going to bail them out again.  Fool us once, shame on you; fool us twice, shame on us.  We’re not going for another bailout.

 

(( Melissa  )) All right.  Unfortunately, that is all the time we have. We want to thank you both very much for joining us.

 

((Melissa)) We would like to know what you at home think about all the proposals we have talked about. How do you think we should fix our energy crisis? Send us an email to capitolweek dot org or a letter to the address on your screen, Jack?

 

(( Jack )) Time now for “at issue” . . . your inside look at what’s really being said behind the scenes at the Capitol. Faced with a cooling economy and sagging approval ratings, this week’s state of the state address was a critical point in Governor Davis’s administration. The Governor came out swinging at California’s energy crisis  . . but his short term and long term proposals drew mixed reviews. So how did he do . . what did he say . . . and what didn’t he say? We were there for the reaction.

 

STATE OF STATE ADDRESS PACKAGE
 
Many of the same lawmakers who voted for electricity deregulation four years ago now find themselves looking to Gray Davis for a political lifeboat in an ocean of skyrocketing prices, red ink, and exasperated ratepayers…
 
((Governor Gray Davis)) We must face reality.  California’s deregulation scheme is a colossal and dangerous failure.
 
At stake is the solvency of two huge utilities… …the budgets of ratepayers and small business owners……the future of the California economy…
 
((Governor Gray Davis)) The time has come to take control of our energy destiny.
 
Governor Davis proposes ending the system where the highest bid sets the wholesale price of power…
 
…making it easier for utilities to get long term contracts for power…
 
…making it a crime to withhold power…
 
…using the state’s power of eminent domain to seize assets from power companies to prevent blackouts…
 
…and giving the Attorney General four million dollars to investigate power racketeering, but pinning down power racketeering may not be all that easy…
 
((Bill Lockyer, Attorney State General)) The problem there is, you have to be able to convince a jury beyond a reasonable doubt that someone conspired secretly in order to fix prices.  Now, maybe they did that, but maybe they just did what business people do to take advantage of consumers and run up the price because they can get away with it.  The former is criminal, the latter is not.
 
The Governor also asked consumers to cut power consumption by seven percent, and asked the legislature to set up a state power authority…
 
((Governor Gray Davis)) And that will require either a joint powers authority among the state and our thirty municipal utilities to develop the additional power that we need, or a California public power authority that can buy and build new power plants.
 
But there is one lingering question that did not come up in Davis’ speech: what to do about the eleven billion dollars in debt forced on the big power companies under deregulation…
 
Debt that is pushing the utilities toward bankruptcy…
 
((John Burton, Senate President Pro Tempore)) This was the state of the state address, not the state of the investor owned utilities address.  I think possibly the board of directors will do that at the next shareholders’ meeting.
 
((Jack [offscreen])) What do you think they should do, or should the state do anything?
 
((John Burton, Senate President Pro Tempore)) Well, you know, possibly they ought to figure out how to gargle it or sell off some of their assets.
 
((Robert Hertzberg, Assembly Speaker)) What I want to do is make sure that the energy flows, the light stays on, and that we secure for California on a California first basis supply for California, and then we’ll figure out who to throw in jail.
 
((Phil Angelides, State Treasurer)) Well, I think it’s a very real possibility that they could go bankrupt, and you’re always better to try to avert that, but not at any price.
 
((Jim Brulte, Senate GOP Leader)) We can deal, and we should deal, with the short term problem, which is insuring that the utilities have money to buy power so that they can sell it to those of us who are consumers.  That’s the short-term problem.  The long-term problem is how do you securitize [sic] the debt?  We ought to deal with the short-term, immediate problem first.
 
Governor Davis made it clear that he did not want utilities to go bankrupt, but he did not spell out a plan to prevent that from happening…
 

(( Jack )) Here’s a roundup of energy crisis developments since Monday’s State of the State Address

 

As mentioned earlier, the Governor, lawmakers and utility executives met in Washington with federal officials to craft a plan to allow nearly bankrupt utilities to continue to buy power

 

Democrats in the Assembly are putting together legislation to allow California to buy the assets of cash strapped utilities

 

In Silicon Valley, most  companies have contingency plans to move production out of California if the state cannot come up with a power plan.

And Intel says it will no longer expand operations in California because of the energy crisis

 

PG&E asked Governor Davis to use his emergency powers to help them purchase natural gas

 

Joining us now to rundown the hits, runs and errors. Steve Geissinger from the Oakland Tribune and Steve Lawrence from the Associated Press.

 

@ ISSUE DISCUSSION: DAVIS’ STATE OF THE STATE ADDRESS

 

((Jack)) Steve, let me ask you as we start off on this, there was a lot of discussion on Wall Street about the potential bankruptcy of PG&E.  They actually filed with the Securities and Exchange Commission, basically a warning that “we’re going to cut our dividends and miss our third quarter earnings report.”  How is that being perceived in the legislature?  Do they see that as a bluff or do they see that as really happening?

 

((Steve Geissinger, Oakland Tribune)) Well, I think by and large they’re happy to take it seriously, although consumer advocates are saying that the parent companies of Edison and PG&E can certainly bail out those utilities and that a public bailout is not necessary.

 

((Jack)) So, there’s also a concern, Steven, in the legislature that maybe this bankruptcy may be legit but there’s plenty of room to go with it?  It’s not an immediate crisis that’s going to rip across the landscape in California?

 

((Steve Lawrence, Associated Press)) Well, I suspect that there’s some thought that bankruptcy is not the worst thing that could happen, that probably the last thing the members of the legislature want to do is come up with some kind of bailout that results in either huge increases in rates.  There’s been discussion of a bond bill with an addition to your [energy] bill to pay off the bonds.  It would be equal to your utility bill.

 

((Jack)) So you get your electric bill plus your bond bill.

 

((Steve Lawrence, Associated Press)) Which could be, you know, political suicide for lawmakers to groom something like that.  I think that this is something that they hope goes away.  That there is some way to deal with this problem where it doesn’t--

 

((Jack)) Is the “B” word, “bailout,” is that kind of political poison?

 

((Steve Geissinger, Oakland Tribune)) Oh, absolutely.  Governor Davis avoided use of that word or even touching on the subject during the state of the state address, and lawmakers have also avoided it, and consumer advocates are already screaming, “Watch out!  They’re going to rig something where this ten to twelve billion dollars of stranded cost for the high wholesale cost of electricity is going to be passed along in some form.”  Maybe little bits and pieces that the public hopefully wouldn’t notice.

 

((Jack)) Well, that’s not going to go away.  That’s a bill on the credit card.  I mean, somebody’s going to have to pay it.  Is it just a question of “who pays it?”

 

((Steve Lawrence, Associated Press)) It’s a question of who pays it, and it’s a question of how much is absorbed by the companies themselves through their parent companies, and much ratepayers have to pay.  PUC did approve a temporary rate increase a little while ago.  I’m assuming that Davis and the lawmakers are hoping to come up with some way to finesse this thing so that you don’t see a lot of initial increases from PG&E and Southern California Edison bills.

 

((Jack)) Let’s assume that that debt is not paid off, that eleven or twelve billion dollars, and that probably goes up every day.  If it is not paid off does that have a spin-off effect on, say, some the banks that loaned the utilities money?  The value of equities that are in 401Ks and pension plans?  I mean, is it really dark down at the end of that tunnel, Steve?

 

((Steve Geissinger, Oakland Tribune)) I think it is.  There is definitely impact on banks, Bank of America with PG&E, a number of bad, spin-off things for the economy, for businesses.  It is something that has to be solved.  It is the short-term crisis in a nutshell, and it’s sort of like a game of chicken at this point.  Wall Street doesn’t seem to be blinking.  The parent companies of the utilities aren’t.  Consumer groups aren’t regarding a public bail-out, and the politicians are caught in the middle.

 

((Jack)) Meanwhile, the problem just gets bigger every day.

 

((Steve Geissinger, Oakland Tribune)) Absolutely.

 

((Jack)) Well, what happens down the road?  Is there a breaking point somewhere that has to be dealt with, and will it take the utilities saying, “Okay, we’re going bankrupt.  We’re going to file for chapter eleven,” to get something going here?

 

((Steve Lawrence, Associated Press)) It may take that, but as you heard Phil Angelides the State Treasurer say the other day that bankruptcy might not be the worst thing to happen.  Many companies file for bankruptcy.  It’s basically a restructuring of their debt.  They’re able to keep going, so who knows what the potential political impact would be if that actually happens.

 

((Jack)) One of the plans that’s emerging to help keep the lights on in California is to have the state buy the power and sell it back to PG&E and Southern California Edison.  That sounds like a municipal utility district.  That sounds like something SMUD does, doesn’t it?

 

((Steve Geissinger, Oakland Tribune)) So, now we’re transitioning to talk about solving the long-term problems, and the Governor proposed some type of public power authority, right on the heels of State Treasurer Phil Angelides’ proposal, and it certainly seems to me, almost overnight, a viable alternative, and one that’s getting serious consideration.

 

((Jack)) Well, in that particular scenario if the state buys the power and they sell it to PG&E and they sell it to consumers, why not take PG&E and Southern California Edison out of the mix and—why do we need a middle man?

 

((Steve Geissinger, Oakland Tribune)) I don’t think the state wants to be in the business of running a utility.  They want very much to solve the crisis, but to leave it to the utilities as much as possible.

 

((Jack)) Do you agree with that, Steve?  Is that the sense you feel?

 

((Steve Lawrence, Associated Press)) Well, that’s what Davis said the other day in his budget briefing.  He made the comment that the people who run those companies are the ones that best know how to deliver the power, but he’s also talking about some form of a public power authority, which would potentially build plants and operate plants here in California, so he is talking about getting into the business of delivering power in that form—

 

((Steve Geissinger, Oakland Tribune)) Well, down the road—

 

((Steve Lawrence, Associated Press)) To that extent.

 

((Steve Geissinger, Oakland Tribune)) For the future, but for the short-term fix, it sounds like the state wants to act as a middleman rather than---

 

((Jack)) And that’s what it looks like is going to emerge—in the last two seconds that we have.  Basically, is that the direction that we’re going in?

 

((Steve Lawrence, Associated Press)) It seems to be.  Basically, some way for the state to buy power under long-term contracts that would have some sort of a reasonable rate attached to it.

 

((Jack)) All right.  On that point, Steve Lawrence of the Associated Press, thank you very much.  Steve Geissinger from the Oakland Tribune, thank you very much.

 

END @ ISSUE DISCUSSION

 

(( Melissa  )) Thanks Jack.  As we have seen this week, there are a lot of plans on the table and the news is constantly changing. If you want to get up to speed *and are wondering how we got here in the first place . .  check out our partners at the California Journal. They break this energy crisis down nicely in this January Edition. Inside, a look at deregulation, what’s involved and why it happened.

 

(( Jack)) Melissa,  next week we continue our coverage of California energy crisis. Plus, George W. Bush formally takes his place in the White House with next week’s inauguration . . we’ll preview how a Bush administration will impact California.

 

Send us your questions about the Bush administration so we can ask our political insiders next week.

 

((Melissa)) That’s our time for this week. I’m Melissa Crowley.

 

(( Jack )) And I’m Jack Kavanagh. We leave you with some thoughts on the upcoming Martin Luther King holiday. See you next time.