CALIFORINA CAPITOLWEEK #537

 

 

5/25/01

Energy Summit

((Jack))

Thank you for joining us for our sixth summit on the energy crisis…

 

Californians are bracing for the summer, wondering how bad it will get, and if there will be anything we can do about it…

 

We’ll ask some of the major players in just a moment…

 

((Melissa))

This early heat wave is an indication of how bad it may get…

 

Blackouts are on the way, a minimum of eighty hours worth and more than two hundred by other counts coming this summer…

 

The good news, if you can call it that, is we may have some advanced warning of when those blackouts will happen…

 

((Jack))

The state grid operator, or ISO, says that when a blackout is imminent, thirty minutes warning will be given…

 

Legislation moving through the capitol seeks to stretch that warning to more than thirty days...

 

((Melissa))

Frustrated consumers protested outside the Governor’s office this week, while Davis signed legislation to speed approval of new plants…

 

A report claims that large power companies purposely wore down equipment, leading to a power shortage, according to the San Francisco Chronicle…

 

Begin Sound bite…

 

((Senator John Burton, Senate President Pro Tempore))

The generators have been gaming the system.  They’ve shut down plants in order to have, uh, to lessen the energy supply, which increases the energy cost.

 

End Sound bite…

 

((Melissa))

Power producers have denied any wrongdoing.  Several state agencies are investigating…

 

Back to a different debate though…

 

In response to President Bush’s energy plan, which includes boosting energy production and oil drilling, the Democratic party fired back with a commercial blaming Bush for not imposing price caps…

 

((Jack))

So here’s our energy status report…

 

State Controller Kathleen Connell says that the Governor’s estimate of thirteen billion dollars will not be enough to cover the state’s energy bill.  She says at least four billion more dollars will be needed early next year…

 

The state’s independent auditor, Elizabeth Hill, told lawmakers this week that she thinks it’s unlikely that power needs this summer will be secured.

 

((Melissa))

Also, several state lawmakers filed suit against the Federal Energy Regulatory Commission this week, claiming FERC is not doing it’s job and must set price caps…

 

And a new public policy poll shows that half of California residents believe the state is headed in the wrong direction…

 

Approval ratings for Governor Gray Davis have dropped to forty-six percent, and that’s down seventeen points since January…

 

Joining us now for more on the energy crisis,

 

State Treasurer, Phil Angelides; he backed the recently passed legislation setting up a public power authority…

 

Republican Assemblyman, Anthony Pescetti, an Energy Committee member and former Sacramento Municipal Utility Board member…

 

((Jack))

Lenny Goldberg, representing TURN or The Utility Reform Network…

 

And Gary Ackerman with the Western Power Trading Forum, an organization of thirty in and out of state electricity generators…

 

((Melissa))

We thank you for joining us, and, Gary, we’ll put you in the hot seat first.  There’s been a lot of talk; the dialogue is stepping up; the attorney general has been talking about possible civil action against power producers for manipulation.  The latest Chronicle report suggested that the throttles were actually overused to force unscheduled maintenance.  Your response to that?

 

((Gary Ackerman, Western Power Trading Forum))

Well, somebody who holds a position like attorney general, I think, should file his claims first and make his public speeches second.  We’re basically outraged that he would use his public office to darken the whole situation, no pun intended.  It is upsetting,  obviously, the people who are considering investing in California, and you have to believe that ever time they see and hear a charge like that, their people in charge of assessing the risk of doing business in California turn it up a notch.  The way it goes right now, they’re looking at California like a third world country.  Every time the political leaders start the rhetoric, they’re saying, “This is looking riskier and riskier.”

 

((Melissa))

Are these allegations of manipulation untrue, Gary?

 

((Gary Ackerman, Western Power Trading Forum))

We think that they are absolutely untrue.  Of course, I can’t look into the books of every producer because I don’t have access to that any more than you or anyone at this table, but the point is, any suggestion of collusion that is going on by the producers has certainly never been proven.  They certainly never have described to anybody’s satisfaction how we go about doing that, and I think that they’re just blatantly false.

 

((Jack))

In that case, how do we get to a point where, I think it was May 9th, where the state of California paid nineteen hundred dollars for a megawatt of electric when, in December, it was two hundred dollars?

 

((Lenny Goldberg, The Utility Reform Network))

See, you don’t need specific collusion.  We don’t know if they do it or not.  You know, get on the phone and talk to each other and say, “Here’s what we’re doing today.”  They have so many ways of sending signals to each other, and the primary strategy that’s been being used—and there have been a variety of strategies to gain the market and drive prices up—has been the withholding of power.  This started a year ago in May, where there was economic withholding for reasons of fulfilling contracts, and all of the sudden, the generators looked around and said, “God, we got this great price spike.”  So, there has been consistent withholding of power from the market.  There has been consistent selling into the “day ahead” market in Nevada and then buying back on the spot market at greatly inflated prices, which is called “megawatt laundering.”  There are a variety of techniques that have been used by generators to be able to gain the market, and the proof of that is that rates don’t go down in the middle of the night when demands are low; rates didn’t go down in the slow months of the year when power demands are low, and now, power demands are high, and we’re fortunate we haven’t had blackouts this last week despite the heat.

 

((Jack))

Phil Angelides, you’re the ranking state official at this table right now.  Do something.

 

((Phil Angelides, State Treasurer)) Well, here is my concern.  Well, first of all, as Melissa mentioned, I sponsored legislation to help create a state public power authority, which is now inline and, hopefully, will begin operating soon, which, hopefully, will guarantee that we’re never held hostage again by very tightly controlled, private market.  Eight generators who control something we need, and, hopefully, what this power authority will do is create power generation plants owned by the people of California, so we can always put supply on the market at tight times, but here’s the fact: whether there’s been manipulation or not, the price of wholesale electricity has gone up ten times since 1999.  If retail rates today we’re adjusted to reflect the full, wholesale prices.  We’d have triple digit plus rate increases, which would be very damaging to the economy, which is why the federal government needs to step in and put on wholesale price caps for the next eighteen months as we stabilize our market.  Now, if the Bush administration will not do this—if Congress will not do the right thing and put reasonable, wholesale price caps on, then the state of California must really take its own destiny into its own hands, and that means we should set limits with Oregon and Washington on how much we’re willing to pay for electricity.  Just say, “Generators, this is the price, no more,” or if worse comes to worst and they start shutting down the sixth largest economy in the world, which would trip a national recession, we may have to use our emergency powers to operate these plants under emergency power.  In a sense, to seize the power out of those plants.

 

((Jack))

You’re talking about a buyer’s cartel?

 

((Phil Angelides, State Treasurer))

Yes.

 

((Jack))

Okay.  In order to make that work, we would have to have planned blackouts, would we not?  Anthony, how does that sit in your district?

 

((Assemblyman Anthony Pescetti, [R] Rancho Cordova))

Well, you know, I have a lot of municipal utilities that service my district.  Both of them have the ability to provide, either through self-generation or contracts, enough supply to meet the demand.  The biggest problem that I think we’re facing is still on the supply side.  We need to build more power plants so that we become less reliant on out of state generators of electricity that we could control, in a sense, how much we’re willing to pay.

 

((Melissa))

What do you think about the Bush plan?  Did it go far enough, and will it help California?

 

((Assemblyman Anthony Pescetti, [R] Rancho Cordova))

Well, I think the Bush plan is a first step, and it’s a start.  There are a lot of other things that we have to continue to look at.  As the Treasurer mentioned, California is the sixth largest economy in the world.  We have needs and demands here that are very different from other states in this country, so I think we need to look at it very differently, but I think we’ve got to provide more supply in place, which means more generation.  We’ve got to streamline that process.  If we can do that, then the competition will drive the prices.  The other part of it is if we have to pay nineteen hundred dollars a megawatt, and we look at the prices that are being paid, and one of the reasons that you have the two investor-owned utilities so far upside down on the under collection has been the willingness to pay that high price.  At some point, someone’s going to have to say, “You know what?  We’re not going to pay that price anymore.”

 

((Gary Ackerman, Western Power Trading Forum))

You know, it’s interesting because the policy of the Department of Water Resources is to have a target price.  All the traders out there know that.  Everyday, they set a price.  They don’t tell us what it is, but we have to figure it out by doing trades with them.  Isn’t it interesting though that—

 

((Jack))

So, as you’re trading, you can kind of figure where the break even point is?

 

((Gary Ackerman, Western Power Trading Forum))

You can guess.  You can guess.  You have no idea, and it’ll move.

 

((Jack))

So, you bid high and no one takes it, so you bid a little bit lower—

 

((Gary Ackerman, Western Power Trading Forum))

No, typically it works the other way around oddly enough.  I can’t explain it, but it does.  It goes lower, and people say, “Well, if you took it at that price, maybe I’ll try to get it at a higher price.”

 

((Jack))

The reason I bring that up is because there’s so much discussion about gaming the market, but isn’t that part of the process?

 

((Gary Ackerman, Western Power Trading Forum))

That’s how markets work.  People who don’t understand markets call it gaming, but—

 

((Lenny Goldberg, The Utility Reform Network))

 

((Gary Ackerman, Western Power Trading Forum))

Now, wait a minute.  I just want to make one point, and then I’ll go to you Len, if I could.  You’ll find, and I think it’s surprising to some people, that we agree that we should hold tight to those limits.  Those aren’t bad things; those are good things.  What we say is anything to reduce demand or increase supply are equally good, and we want to see both.

 

((Melissa))

Lenny, go ahead and respond to that.

 

((Lenny Goldberg, Western Power Trading Forum))

I-I think we’ve learned, and I’ve come to this reluctantly, in electricity where you have an inelastic demand for a basic necessity of life, that the market—you know, it may be gaming; it may not be gaming, but when you have to call on somebody on demand at a very certain time to keep the grid operating, the market just is a failure.  Deregulation was pronounced a failure by Governor Davis, and now we still look like we want to revive the market.  Deregulation is a failure when you have this short supply, and if you can’t have short supply in a market, you don’t have a market working.  We should have gone from three cents maybe to six cents and then maybe to nine cents, and then more power will come online.  We went from three cents to thirty cents.  The market is not going to work, and we’ve got to come up with some other institutions.  Treasurer Angelides has pointed us in that direction with the State Power Authority, and we’ve still got a lot of change to get in there and make sure that Californians are never subject to this kind of craziness ever again.

 

((Phil Angelides, State Treasurer))

Let me pick up on something that Anthony talked about for a minute.  I do think that Californians need to remember that we do fundamentally have a supply and demand problem that has put us at the mercy—I know Gary won’t like this—of a cartel of a very small number of out-of-state companies, so we as Californians have work to do.  You know, we can’t always just point the finger.  I think that we do need to build new generation; I agree with Anthony, and we need to do the best job in the world of conserving so that we have a balanced energy infrastructure in the years ahead, but we also need to make sure that we can survive the summer, which is why it’s important, whether there is gaming or not, that we get control over these generator prices.  The truth is, we don’t truly have a competitive market today.  A truly competitive market is if you have a thousand generators competing against each other, knocking each other for prices.  That’s not happening.  Prices have gone to record levels, which is why we need to control them through the summer, either by putting limits on our buying or the federal government doing so, and for the long-term, let us always remember that the history of the twentieth century was that you needed to have some public interest regulation of electricity to protect the public interest.  It’s never been, because it’s a necessity of life, a truly competitive market.  We’d be smart to put in things like the power authority and other regulatory mechanisms in years ahead to protect the public.

 

((Gary Ackerman, Western Power Trading Forum))

You know, it interests me when people say the market isn’t working.  Two weekends ago, the wholesale price of electricity dropped down below seven dollars a megawatt hour.  We had additional supplies from the Northwest that weren’t anticipated, and everybody ended up long.  That’s a market that’s working to me.  It’s moving up and down as the supply and demand also move up and down.  Now, Lenny might have some points here that, in an extreme shortage, we might want to ask the question, “Do we want a market in this situation or not?”  The way the federal regulators have looked at in their recent order is to say, “No, we don’t have quite a market in the tightest supply situations.  We have to mitigate the price,” and they’re doing that.

 

((Phil Angelides, State Treasurer))

Well, now, let me say it’s a very diminomous effort.  They are regulating prices with a set of loopholes you could drive a truck through—

 

((Gary Ackerman, Western Power Trading Forum))

Okay, but let’s agree on—

 

((Phil Angelides, State Treasurer))

Gary, let me say that—

 

((Gary Ackerman, Western Power Trading Forum))
We don’t agree on the magnitude, but there’s something there.

 

((Phil Angelides, State Treasurer))

But, you know, the fact is there is a long history in the twentieth century of when markets go upside down, we’re smart as Americans, and we figure out ways to make the markets stable.  You know, after the Depression, when the banking system collapsed, we didn’t just say, “Well, that’s how the private market works.”  We said, “Banks are very important to this country,” so we created the FDIC, a system of regulation to make sure that we had stable banks.  In the mortgage markets, we say that home ownership is so important that we’re not just going to let the mortgage markets be robust one day and disappear the next.  We have Fanny May, Freddie Mack, FHA, VA, Jenny May, a whole set of mechanisms to make sure that Americans have access to stable capital for mortgages.  Electricity is as vital as anything, and we do need a measure of public regulation to make sure our—

(Hubbub)

Gary’s agreeing.

 

((Gary Ackerman, Western Power Trading Forum))

I’m agreeing.

 

((Lenny Goldberg, The Utility Reform Network))

The very point that prices go up once, and then they go down again.  We don’t get real time signals.  It’s not like you go into a grocery store and say, “Hey, the price of bread’s gone up, so we’re going to buy pasta.”  You know, it is a situation where you don’t know what the price is day to day.  You just get a bill.  There is not the ability to react in real time, and we—this economy, the businesses, and consumers can not afford tremendously volatile prices.  That’s what—

(Hubbub)

That’s what happened in San Diego a summer ago, and everybody went crazy.

((Phil Angelides, State Treasurer))

Jack, I know you’re the host, but I do want to say one thing, and this is important.  One thing that’s happened since January is that, unfortunately, business leaders, utility activists, Republicans, and Democrats in California have all been fighting about how to survive versus figuring out together how we can survive.  I just want to say this about Anthony Pescetti: He was the lone Republican to cast a vote for the bond measure, which will allow the state to purchase energy, keep the lights on, and prevent rate increases, which would be two hundred percent plus.  Instead, unfortunately, we’ll still have rate increases of forty percent, and I think we need to do more of us working together than pointing fingers at—

 

((Melissa))

Why is that important, Assemblyman—

 

((Jack))

Anthony, let me visit it that way.  It’s a fifteen billion dollar bond issue.  What’s the interest on that?

 

((Assemblyman Anthony Pescetti, [R] Rancho Cordova))

We’d have to ask our treasurer what the interest is?

 

((Jack))

And the new interest because the bond ratings have dropped, have they not?

 

((Phil Angelides, State Treasurer))

Well, I think we’ll be able to this bond at about six percent overall.  That’s my sense.

 

((Jack))

What’s the math?  What’s the dollars?

 

((Phil Angelides, State Treasurer))

Oh, umh, probably, umh, you know, I don’t have my calculator with me right now, but I’m going to say on a ten billion dollar bond, I would say you’re looking at about—

 

((Jack))

Six hundred million dollars?

 

((Phil Angelides, State Treasurer))

Well, you know, over the life of the bond, you’re probably looking at about three to four billion dollars interest, but, you know, that’s over time, Jack.

 

((Jack))

You know, that’s a substantial amount of money.  Now, we’ve also had reports that the thirteen billion dollars is not going to be enough.

 

((Phil Angelides, State Treasurer))

It depends on how much the generators charge.

 

((Jack))

It depends on how much the generators charge.  See, we’ve got three billion dollars in interest, which could balloon into four or five billion dollars of interest.  This is all getting tacked onto my tax bill, isn’t it?

 

((Assemblyman Anthony Pescetti, [R] Rancho Cordova))

Well, no, it will be tacked onto your rates, if—

 

((Jack))

Oh, so if I’m not paying it as a taxpayer, it’s coming in as my utility rate?

 

((Assemblyman Anthony Pescetti, [R] Rancho Cordova))

That’s a very important factor.  When I looked at the bond issue, it really came down to “Do we take the money out of the general fund, which is what we have been doing, and have tax dollars going towards the purchase of electricity, or do we have revenue bonds go towards the purchase of electricity?”  I felt that, one, revenue bonds are stretched out over a longer period of time.  Two, it allows the ability to get into some long-term contracts that get some stability in the price.  It may not be the best price, but if you’re paying 6.9 cents, it’s better than thirty cents a kilowatt hour, so it provides some stability, and, third, it provides some protection for the consumer, so that they’re not getting hit with a high flux of rate increases.

 

((Jack))

But are we going to be paying—let’s assume that the Public Power Authority kicks in, and generation improves in California.  Are we going to be paying these extremely high rates, then, extended over fifteen to twenty years?  Are we locked into the top of the market?

 

((Assemblyman Anthony Pescetti, [R] Rancho Cordova))

You know, I don’t think we are because the demand for electricity continues to move.  There’s an influx.  It protects the state.  It protects my constituents.  I have a large number of municipal utility constituents.  I am a municipal utility customer.  It protects us because it means that my rates are going to protect us if SMUD decides they want to buy the electricity.  It doesn’t help me to have my tax dollars go towards it, but I think the bond, in the long run, is an insurance, and I don’t think that it’s a hundred percent of the supply that we need.  We’re purchasing thirty-three percent, or about a third, is purchased on the spot market.  The goal is to get that number down.  Get a little more into long-term contracts, and have a little more reliability that will protect the ratepayer, and it will allow for more construction of generation as the plants become older, as the supply is needed.  It brings a balance.

 

((Melissa))

Let’s talk about supply for a minute because, long-term, that’s going to be the consumer’s friend.  What are we doing to get more supply.  We’ve heard about the Governor trying to speed legislation.  The Republicans have a plan as well.  How does that differ, and how much more supply do you feel, Anthony, the Republican plan will bring online versus the Democrat’s plan?

 

((Assemblyman Anthony Pescetti, [R] Rancho Cordova))

You know, first of all, I think Gary and I think all of us agree that not only is it supply.  It’s conservation.  You have to have a blend of both of those.  The Governor signed a bill a couple of days ago in Elk Grove, SB-28X, which allows for the streamlining of the process, not only to build some additional power plants, but it also allows for the retrofit of some of the older facilities.  That’s the first step to try to insure the supply—

 

((Melissa))

And, today, we hear some diesel might be part of the picture as well.

 

((Assemblyman Anthony Pescetti, [R] Rancho Cordova))

Yesterday or within the last few days, the Governor has announced that he’s going to look at diesel, especially in a stage three when we need to make sure that we have the system in place, but what we’ve got to look at if we’re truly committed to getting more supply into place, we’ve got to look at, at least for a couple to three years, we’ve got to look at supply as a major priority.  Find ways to streamline the process through the Energy Commission to get these power plants into place.  A lot of these power plants being built today are environmentally cleaner than the thirty to forty year old power plants.  We’ve got to find ways to streamline to get more power plants online.  We have to find ways to improve the quality, not only environmentally, but the efficiency of some of the older power plants that this bill starts, but we have to do a lot more.

 

((Jack))

Can we talk about rates just a little bit here?

 

((Phil Angelides, State Treasurer))

Just one more comment about—

 

((Jack))

Is there any indication that the rate increase that we’re going to see in our June bills is the last?

 

((Phil Angelides, State Treasurer))

Well, let me just say, Jack, that I think it all comes back to the central issue of the generators are getting historically high prices now.  I mean, you could say, and I know Gary’s not going to like this terminology, but “obscene pricing” that’s really not a reflection of the private market.  If the bond rate moves forward with the current rates today, and the generators hold their prices, we can limp through this summer.

 

((Jack))

If they don’t—

 

((Phil Angelides, State Treasurer))

Well, let me give you a sense.  If the generator prices, which have already gone up ten times, go up another fifty percent at peak times this summer, you could be looking at the need for triple digit rate increases, so this

(Hubbub)

It really comes down to controlling generator prices through the summer as we get new supply online and as we conserve more.

 

((Lenny Goldberg, The Utility Reform Network))

There’s another issue with regard to rates, and how much, and who is going to pay for what I would call the bailout of the utility situation?  The current rates are barely able to pay for the extortionist prices that we’re paying for electricity.  Now, the Governor and Edison have unfortunately come to an agreement that the legislature, hopefully, will reject that is going to tack on, you know, a significant rate increase on that.  We don’t know what the conclusion of PG&E’s bankruptcy case will be, but they’re going to come into the bankruptcy judge—I don’t know this, but I am virtually certain—saying, “We want to get bailed out with rate increases.”  So, the question is, do the rates pay for the extortionist prices, and, on top of that, will they—

(Everyone chimes in simultaneously)

We’re going to fight that.  I can tell you that.

 

((Melissa))

Hold that thought.

 

((Assemblyman Anthony Pescetti, [R] Rancho Cordova))

I think this is something you may want to feed off of.  The Governor has entered into some long-term contracts, some we’ve seen that start July 1st.  We don’t know the details of those contracts other than we know the price is a range of between sixty-five dollars a megawatt to seventy dollars a megawatt.  We haven’t seen—at least, I don’t know how much power is going to be purchased.  The question I have, and it’s in regard to Jack’s question, it’s my understanding that one of the things the bond does is it takes into consideration these long-term contracts that the administration has entered into.  That will help us because we are now reducing the amount of spot market or short-term power that we buy down from thirty percent to the neighborhood of ten percent, so that should help.  Now, if that is the case, doesn’t that help us on the spot market with the prices?

 

((Gary Ackerman, Western Power Trading Forum))

Certainly that helps, but this state suffers from a disease called “Helpless Buyer Syndrome.”  “We have to buy it at any price that the market is dictating.”  That market price is a signal, and what it says is, “If you don’t want it at that price, please, don’t buy it.  There must be other buyers.”  Now, if there’s a buyer’s cartel, and I’m not necessarily against a buyer’s cartel—I mean, try it.  Could it hurt us?  No.

 

((Jack))

I think this is a good place to—

 

((Melissa))

Thank you.  We want to keep in perspective the amount of  money that is being spent today to keep our lights on.  The state is spending, on average, seventy-three million dollars a day to keep the lights on.

 

And to help get a feel for that, here’s what our staff found out you could buy for that same price:

 

The city of Sacramento says that they could hire more than one thousand four hundred police officers at an average yearly salary of fifty thousand dollars.

 

((Jack))

In one day.

 

((Melissa))

In one day.

 

The Department of Education says that at least two schools could be constructed.  Here’s the price tag: a new high school at fifty-two million dollars, and a new middle school at twenty-two million dollars.

 

If you want a new car, according to an area Honda dealership, you could buy more that fifty-two hundred Civics at about thirteen thousand dollars a piece, and, Jack, that’s in one day.

 

((Jack))

In one day.  Phil?

 

((Phil Angelides, State Treasurer))

I am now completely speechless (laughs).  Well, except, it puts in perspective the following: historic high prices.  It also puts in perspective the need for all of us to conserve, and it puts in perspective, I think, the necessity for making sure that we stop using general fund money, which Anthony Pescetti deserves credit for by supporting the bond, that we stop using money intended for education, healthcare, and children’s services for energy purchases.

 

((Melissa))

And I don’t want us to get off the hook here before we talk about scheduled blackouts because, is that the only good news that we’re offering consumers?  Is that a good thing?  Can that really happen?  How can you schedule a blackout thirty days in advance?

 

((Lenny Goldberg, The Utility Reform Network))

Well, you can’t schedule a blackout thirty days in advance, but I think that everyone has said, whether it’s business consumers or ordinary consumers, has said, “Give us some warning time.  Let us know in advance.  Let’s spread not only the pain, but the anticipation.”  If I get into an elevator, and I know my area is not scheduled for a blackout, I’m all right.  I’ll just take the stairs, and, I think issue of a buyer’s cartel and taking some economic power and the scheduled blackouts go together because—

 

((Jack))

I want to get one last thing to Gary.  There’s a story today, and we’re taping this program Thursday morning, in this morning’s Oakland Tribune that talks about the Attorney General seeking civil charges and perhaps even criminal charges against generators.

 

((Gary Ackerman, Western Power Trading Forum))

Yes, well, that’s going to have a very bad outcome for California. The bonds that Phil is putting together for this state are going to feel the impact of those kinds of charges, whether they’re carried out or not.  Even the discussion of it, what does that do to help us bring more supply this summer or reduce the amount of demand?  We’re outraged by these comments, but, hey, if that’s what the public wants, and if some people that want to be Governor some day think that’s a way to get attention, well, that’s a sad story, but that’s the one we’re going to tell.

 

((Melissa))

On that note, we are out of time.  We want to thank all our guests for joining us today.

 

((Jack))

And we will see you next time.  Thank you.

 

((Melissa))

Good night.