CALIFORNIA CAPITOLWEEK #541

6/22/01

 

 

((Jack))

Thank you for joining us.

 

So, has the state turned an important corner in the power crisis as Governor Davis has suggested recently?  We’ll find out from our guests in just a moment.

 

((Melissa))

Jack, meantime, conservation is urged with triple digit temperatures upon us as well at blackout threats, and we’ll share what’s being done to address summer supply and energy concerns.

 

First, a look at where we stand today: 

This week, federal regulators unanimously approved price limits on power in the West.  Effective through September 2002, twenty-four hours a day, and not just in power emergencies.

 

((Jack))

Governor Davis announced an agreement with San Diego Gas and Electric’s parent company, Sempra Energy, to erase 747 million dollars in debt.

 

The plan proposes having the state purchase utility lines at 2.3 times their book value.

 

Davis also testified this week in Washington before a Senate Committee on the state’s energy situation, now chaired by Democrat Joseph Lieberman.

 

The energy situation has also affected budget plans.  Debate continues over which portion to trim so state reserve funds can be increased.

 

Joining us today:

Energy Committee member and former SMUD board Member, Republican Assemblyman Anthony Pescetti,

 

Democrat Assemblyman Joe Canciamilla, who is also heading an investigation into rising natural gas prices,

 

((Melissa))

Also, Michael Shames with the Utility Consumers Action Network,

 

And Susan Bakker with the California Energy Commission.

 

Thank you all for joining us, and we’ll start with you Assemblyman Pescetti.  Price caps from FERC, it seems like what Governor Davis wanted.  Is this all good news to celebrate?  In effect, what are we actually getting here?

 

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

You know, it’s a start.  I think it’s good news in that we now know twenty-four hours a day, seven days a week, there will be some limits on the prices that the generators can charge, which will help reduce or not increase the debt that the state and the utilities will encumber.  It’s not going to have any short-term impact on customers’ bills, but it’s a first step and it’s a plus.

 

((Melissa))

It’s only the spot market we should mention, which is only about twenty percent of the energy that the state is buying?

 

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

Right.  Well, up until the Governor’s contracts, it was between twenty and twenty-five percent of the spot market, which is what’s being purchased.

 

((Jack))

So, let me ask you, why has the spot market collapsed in the past couple of weeks or so?

It’s like, at one point we were spending almost four thousand dollars a megawatt hour for this spot market price, and now it’s dropped dramatically.  What happened?

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

Well, I think there are a number reasons.  I think the market stabilized a bit; we seen the conservation kick in; the contracts that have been negotiated, some of them, are coming into effect, and natural gas prices have just been dropping dramatically.  They’re down below seven dollars.

 

((Jack))

What caused that to happen?

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

Well, that could be the subject of a fairly extended debate.  Part of it is we’re in the summer, so gas demand for heating has gone down.  There’s not a lot going into storage at the moment, and I think, frankly, in the discussion about where we are with the gas issues has also affected price.

 

((Melissa))

So, Michael, is it time to celebrate?  We have soft caps; although the Governor says they’re not quite enough from FERC.  Does this mean that as a consumer I should be excited, the crisis is over, my bills are going down?

 

((Michael Shames, Utility Consumers Action Network))

Yeah, the crisis is over, the witch is dead, “Yay!”  Not.  No, we’re certainly not through with the crisis so to speak, and, frankly, if conservation does wane and if people don’t conserve this summer, we will see blackouts, so we’re not past the really tough part.  The good part from the FERC order is, I think, that there is a cap on how bad our exposure is.  The amount of money that was flowing out of the state at, literally, billions of dollars a month will now slow down, and that’s probably the best part of the FERC order.

 

((Melissa))

And, Susan, some people were concerned that any caps would discourage building new plants and getting more supply online.  You’ve been involved in trying to speed up some of the approval and watch other plants come online.  How do you think the caps will affect what we need immediately for our energy?

 

((Susan Bakker, California Energy Commission))

Well, first of all, there have been caps on electricity for a good number of the months that we’ve been in restructuring, and those didn’t seem to affect investors’ interest in building new power plants.  The problem that we have is that it takes a long time to build a power plant, and so while investors might have indicated that they would like to build power plants, it takes a while to get them certified, and a while to get them constructed, and the first ones that we’ll be seeing as a result of investors’ interest in this market will come on in July of this year.  Unfortunately, there will only be a couple of plants that will be able to come online—big plants that will be able to come online in the summer.  We will have some peaking plants, smaller plants, coming online this summer too, but most of our big plants won’t come on for—

 

((Jack))

You know, viewers look at this issue, and they say, “Well, if shortage is an issue, let’s just build some more power plants,” but let me bring up two areas where there is a dispute over that.  Baldwin Hills in Los Angeles and San Jose where there were proposed power plants.  There was a big fight in San Jose, though the plant was apparently approved, and The Los Angeles Times has an editorial today saying, “Don’t build the plant in Baldwin Hills,” so, what do we do here?

 

((Susan Bakker, California Energy Commission))

Well, that’s an extremely difficult question for our commissioners to worry about because there are eleven thousand megawatts of power plants that we’ve approved already, and about seven thousand of them are under construction already, and so the question is, “Do we have to certify every power plant that comes before the commission?”  And one of the tough questions that the commission has to ask is, “Is this public opposition something we need to accommodate in a particular case?”

 

((Jack))

Well, is that a fair question then, Michael?  Should the people in Baldwin Hills say, “No, not in my backyard,” and by doing so maybe trigger a situation where we have rolling blackouts again?  I mean, do we all have to bite the bullet on this, or do we want to have our own backyard free of power plants?  How do we deal with that?

((Michael Shames, Utility Consumers Action Network))

Yeah, the bottom line for me is that there are good places to have power plants, and there are bad places to have power plants, and there may be, with Baldwin Hills specifically, that’s not a good place for a large power plant.  Now, the other thing to keep in mind is that these power plants are different from the ones that we’re used to that we built in the fifties and sixties.  They’re much smaller, modular, and many of them you can’t even tell that they are power plants, and so I think the neighbors need to begin to appreciate that the power plants that are being built aren’t necessarily the old, humongous behemoths that they are used to seeing in the old days.

 

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

Just as a follow-up, one of the other things that we have to look at is as we look at the transmission system in the state of California, which is in dire need maintenance and repairs.  When you build power plants in “good areas” as Michael calls them, that helps in taking pressure off of the transmission system because you don’t have to move it as far as if you built the power plant in a desert and you want it in Sacramento County.  You don’t have to move it six hundred miles.  That helps because that provides reliability.  It provides more electricity, or electrons as some people call it, to the system, and it leaves it in the community, so in a lot of cases, Michael is one hundred percent correct; these power plants don’t even look like power plants.  You can look at the project in San Jose.  It looked like an office building, and so part of the problem is in this NIMBY approach, “Not In My BackYard,” but if we’re going to seriously look at this, there are some good locations that could be located, and the state energy commission has worked hard in working with local jurisdictions, and it’s important.

 

((Melissa))

Joe, one of the things you’ve been keeping an eye on as we look at more plants coming online—because you’ve keyed into natural gas spikes and why it costs three times as much when it crosses the Southern California border—is that a concern as we look at these new plants?  So many of them require natural gas, so could it be a Catch-22?

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

Well, virtually all the plants that are coming online now are natural gas fired, and the vast majority of the cost that goes into these plant, because they’re really not staff intensive, is gas, but I just want to follow up a little bit on what Anthony was saying about the citing of the plants.  You know, we’re dealing here with the symptoms of the problem.  We haven’t gotten to the real fix yet, and unfortunately, though saying this may not be popular as a Democrat, we’re sending all these mixed messages out there.  We’re saying, “Come to California and build power plants,” but we want to talk about capping prices, we want to talk about a windfall profits tax; we want to talk about throwing you in jail if we think you’re gouging us; we want to talk about penalties if we think you’re dealing unfairly with the market, and one of the plants that was just recently permitted in my area, the Mirant plant—they have a large expansion that was just permitted, and they’ve said, “Wait a minute.  We’re not sure we want to do business in California.  We’re not going to build right now.”

 

((Melissa))

So what is the fix?  What do we do, or what should we be doing?

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

Well, I think as part of it we need to decide what the policy of the state is ultimately going to be.  Are we going to try and manage this with a stick, or are we going to try and manage it by attracting business with some economic carrots?  We haven’t gotten that far yet.

 

((Melissa))

Michael, a lot of people aren’t losing a lot of tears when we talk about the profits that power producers have made, so on the one hand, consumers want to feel as though they’re protected.  On the other hand, as Joe mentioned, you have to create an environment where you can get more supply.  Are consumers losing out?

 

((Michael Shames, Utility Consumers Action Network))

No, I don’t think so.  I think, frankly, the solution is going to be a stick and a carrot.  I think that there are a lot of companies that have shamelessly exploited this market, and they need to have a stick shaken at them and maybe even be hit over the head—

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

But they’re not just companies.  We’re talking about the Department of Water and Power in Los Angeles.  We’re talking about BC Hydro; that’s the Canadian government.  We’re talking about other facilities that are owned by local entities.  It isn’t just the folks from Texas that have been taking advantage of us.

 

((Melissa))
But how does that stick and carrot affect my bill?  That’s the bottom line that Jack and I always get back to.  How do all these solutions that we’re talking about affect the bottom line of what consumers will be paying this summer and the next few months?

 

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

Well, it deals with two areas.  Not only what impacts your bill, but whether or not you hit that light switch, that light’s going to come on.  You have to look at it in both regards.  You know, there are generators, and I don’t think there is anyone at this table that would disagree, that have charged exorbitant prices.  Some of them are governmental or quasi-governmental entities.  Some of them are private industry.  If you’re going to take the stick, then the stick’s got to be fairly distributed amongst everyone.  You just can’t pick and choose which industry or which entity you want to attack.  The carrot also has to be offered to everyone, and as we look at our generation capacity in this state—the Energy Commission did a report in, I think it was 1998, saying that we have a need.  We have power plants that are thirty-plus years of age on average.  They’re not efficient.  They require more natural gas.  They’re environmentally unclean; they’re dirty.  As you look at new technologies and new ways to replace those facilities, the hope is that you can get that price down so that it impacts the consumer, and, probably most importantly of all, when we hit that light switch, we’re assured the lights are going to be on, so it’s a double issue that we’re talking about.

 

((Michael Shames, Utility Consumers Action Network))

Let me touch on a very important point if I could interject here.  One point that I was hoping Joe would go to and he didn’t was our increasing dependence on natural gas.  Frankly, I’m fearful that we are becoming a state that is so dependent on natural gas that that market, which has already proven itself to be easily manipulated, could easily be manipulated down the road.  So, frankly, we need to be talking about different types of energy fuels that will be powering generation and, beyond that, about distributed generation.  Moving away from this paradigm about big power plants, you know, and moving towards people producing and distributing their own power.

 

((Jack))

Well, that brings up the very interesting issue of the long-term contracts that the state has entered into for about, correct me if I’m wrong, about forty-three billion dollars worth of electricity—

 

((Michael Shames, Utility Consumers Action Network))

All natural gas fired.

 

((Jack))

That was going to be my next question.  How much of that is wind power?  How much of that is hydroelectric power?  How much of that is renewable?

 

((Michael Shames, Utility Consumers Action Network))

The only wind is the amount of hot air that has been going into describing these long-term contracts, but there is no wind power.

 

((Jack))

Is that because these contracts basically had to relate to the price of natural gas in order to tell a company that hasn’t even built a plant yet, “Yeah, here’s what we want to do, and we’ll relate the price to a commodity like natural gas.”  Is that just the only way you can do it?

 

((Susan Bakker, California Energy Commission))

No, not at all, and as a matter of fact, the Energy Commission has an incentive program that the legislature put in place at the same time that it put the rest of the restructuring in place.  That brought about 540 megawatts of new, renewable resources.  Many of those have begun operating already, and a number more are going to begin now.  Frankly, in the process of issuing a request of the proposal that the Department of Water and Resources issued back in January, they forgot about the renewable component that we had an interest in, and my understanding is that they had made adjustments to that, and that they have been negotiating.

 

((Jack))

One of the things that we wanted to bring up, and I don’t want to leave it, although it doesn’t relate directly to this is, does what’s happened this week mean that we no longer have to worry about Southern California Edison going bankrupt?

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

Absolutely not.  That has not been resolved, and I think what we’ve done throughout this crisis is we’ve gone from one press release to the next, and we’ve just quickly moved from one subject to the other.  For example, the lack of focus on natural gas, and we’ve completely moved away now from Southern California Edison to Sempra, and we’re proclaiming victory with that, and we haven’t solved the SEC problem.  They’re still dangerously close to bankruptcy.

 

((Jack))

What happens if they drop?

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

I think if they drop we deal with it or not deal with it just as we have with PG&E.  It won’t be the end of the world, and, frankly, there are a number of people who think that bankruptcy may be not an unpleasant option.

 

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

You know, just for clarification in regards to the Sempra or San Diego Gas and Electric situation, is really what was called the “balancing account.”  The consumers, the ratepayers in the San Diego Gas and Electric service area were hit with, in essence, a debt on their bill.  They didn’t pay it, but it kept on building every single month.  What is proposed or what is being proposed is to forgive that debt and then the state to come up with 750 million dollars to pay that off so that the consumer and the ratepayer doesn’t pay for it—

 

((Jack))

Michael is shaking his head.

 

((Michael Shames, Utility Consumers Action Network))

No, unfortunately, I live and breathe that.  When you look at the agreement very carefully, the agreement essentially still has San Diego Gas and Electric ratepayers paying nearly the full amount of the 747 million dollars.  They’ve simply shifted those balancing account costs to other accounts that will be paid for down the road.  There is no state money going into paying off that 747 million dollars.  There’s very little Sempra money going into it.  It’s mostly ratepayers.  It’s a bad deal.  We’re very unhappy with it.

 

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

Well, the legislation that was enacted last year to freeze the rates and set up the balancing account was a terrible deal that was done by the legislature.  Part of that hot air and—

 

((Michael Shames, Utility Consumers Action Network))

Now we’re going to fight here.

((Assemblyman Anthony Pescetti, [R] Rancho Cordova))
Well, one of my arguments then was, as soon as we did it for San Diego Gas and Electric, we forgot the situation for Edison and PG&E.  That was never addressed; we did it because it was a quick, political fix at a time when some folks were involved in a very hot—

 

((Michael Shames, Utility Consumers Action Network))

Those rate caps saved San Diego.  San Diego would have become a bankrupt county had not some price relief been put into effect, so we don’t even have to go there—

 

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

But, Mike, that’s not what I’m saying.  What I’m saying is that when we fixed San Diego, we ignored the rest of the state.

 

((Michael Shames, Utility Consumers Action Network))

We never fixed San Diego.

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

That’s right.  We never fixed San Diego; we dealt with a symptom.  The legislature at that time put in a temporary fix, a band-aid, into place to stop the bleeding.  When the bleeding stopped, they said, “Oh, the patient’s not going to die, so let’s go to the next thing,” and that’s what’s happened.

 

((Melissa))

Susan, bottom line when we look at all these issues about the grid plans that are on the table and some of the political solutions, are we still dealing with supply?  Ultimately, that is what we need to online.  We’ve talked about some of the plants that are getting ready, but is it frustrating when you see the focus on a grid plan or a buyout and not necessarily more megawatts?

 

((Susan Bakker, California Energy Commission))

Not at all.  In fact, we’re focusing on all the things that need to be done.  We’re also focusing on the demand side and making sure that consumers have options for reducing their demand by making investments in new equipment, and we’re working on supply as hard as we can, and we’re doing, I think, a phenomenal job of evaluating the environmental impacts of power plants before we approve them, but I think the financial situation has to be addressed as well before we can return the utilities to the role that we think they might play in the future.  In the meantime, demand-side management is a very important part of the effort that we have to put forward.

 

((Jack))

Is that the root of the problem though?  I mean, Southern California Edison and PG&E together incurred about thirteen billion dollars in losses.  They had to sell the power at a certain price, and they had to buy it at a certain price, and that debt really has not been dealt with, has it?  Didn’t that snowball and cause all the other things to happen?  Do we need to go back and fix that problem?

((Assemblyman Joe Canciamilla, [D] Pittsburg))

Well, we haven’t addressed it yet.  I mean, what the CEC has been doing is try to expedite the power construction in order to get plants online.  They’ve done an excellent job of moving quickly through a very complicated process.  Unfortunately on our side, we have yet to address the fundamentals of this problem.  We have yet to address what to do with the debt and how we’re going to pay it.  We have yet to address how we’re going to do to stabilize these companies.

 

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

Or to define how much the debt is because that’s where you’ve got to start, and then you figure out ways to fix it, and that’s where the battle begins and is still stuck.

 

((Jack))

Michael, as a taxpayer, do I want to own these transmission lines at 2.3 times their book value.

 

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

Be careful, Michael.  We got into this the last time.

 

((Michael Shames, Utility Consumers Action Network))

I know, I know.  At what price?  At what price?  That’s the bottom line.

 

((Jack))

Well, let me throw out a number.  How about 2.3 times book value?

 

((Michael Shames, Utility Consumers Action Network))

Nope.

 

((Jack))

Why?

 

((Michael Shames, Utility Consumers Action Network))

It’s too much.  Like any deal, you go into it, and you try to buy some value where both the purchaser and the seller win.  That’s too much, unless some of the money is used to help the utilities pay off the debts they have.  Unless there’s a sharing of the proceeds from that sale, but absent that, it’s too much.

 

((Melissa))

Assemblyman Pescetti, do you have another figure that you think is fair?

 

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

Well, I don’t think any figure is fair.  Mike and I had this conversation the last time.  Last time, Mike was supportive, I think, of us taking over the transmission system—

 

((Michael Shames, Utility Consumers Action Network))

Still am.

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

But not at 2.3 times the value, and that’s the offer right now on the table as well as others.  You know there are several problems that come in when you deal with the transmission.  I sat on the Sacramento Municipal Utilities District board, which is the second largest municipal utility in the state of California.  We’re involved with municipal organizations that have ownership and rights to transmission systems.  We’re not talking about taking over or buying one hundred percent of the transmission in this state.  We’re talking about thirty or forty percent.  With San Diego and Edison, that’s really a small portion, and really the issue is, does the state want to be and should the state be—should our tax dollars go towards the creation and the development of a public power agency in the state of California.  I don’t think we should.  I think that there are entities like SMUD and the LAWP in this state that have done a better job.  They have a strong history; in Sacramento, we haven’t had a rate increase in ten years.

 

((Jack))

Power lines for sixteen percent.

 

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

Well, when you look at it.  Sixteen percent over ten years, 1.6 percent over that period of time.  When I was on the board, there were no rate increases.

 

((Jack))

What’s the difference between public power run by Los Angeles or Sacramento and public power run by the state?

 

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

In my opinion, the ones in Sacramento we vote in.  They are responsible to the community.  The Los Angeles Department of Water and Power are selected by the mayor and report to the city council, so they’re responsible to the city council.

 

((Jack))

Let me ask you one quick question.  You say that we’re sending mixed messages to generators, “Come to California,” but then we’re also setting up our own public power authority.  So, what we’re saying is “Come to California, and, oh, by the way, we’re going to compete with you side by side.”

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

I don’t know what we’re saying to the generators.  I don’t know what we’re saying to the power industry in general.  We’re not just saying, “We’re going to set up our own power.”  We’re also saying, “If we don’t like what you’re doing, we’re going to seize your power contracts, and, by the way, if we don’t like what you’re doing with the contracts, then we’ll just seize the plants.  Thank you very much.”

 

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

Or we’ll throw you in jail.

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

Exactly, and I—

 

((Jack))

Meanwhile, our state plants will keep running.

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

Assuming that we have state plants, but, again, you have to look at the fact that the state does not have the infrastructure.  We don’t have the staff; we don’t have the expertise; we’re starting from scratch, and how much will that cost?

 

((Melissa))

Joe, one of our viewers sent us a note saying, “Why can’t our own state use its own natural gas resources?”  That was from one of our viewers in Modesto.  Why are we so reliant on importing natural gas?

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

Do you have an hour?

 

((Melissa))

Is it true that about ten percent of the supply that we need is in state and we import the rest of our natural gas?

 

((Assemblyman Joe Canciamilla, [D] Pittsburg))

We import about eighty percent.  We have tremendous reserves in California.  The problem is that it is low BTU gas, which means that it burns cooler and isn’t quite as efficient in some cases, and, Second, the gas in Southern California tends to have more contaminants and can’t be used as readily as the gas in Northern California.  We could use it more.  I have a bill that I’m trying to get through that would allow for local gas producers to bring their gas online.  It’s been strongly opposed by the utilities, and, frankly, I’m not sure they’d want to open up those markets.

 

((Melissa))

Michael, in our final few minutes, is the summer going to be as bad as predicted?  Are we going to have the eighty-plus hours of blackouts?  I mean, we’ve seen triple digits, and, so far, no problems.

 

((Michael Shames, Utility Consumers Action Network))

Well, the predictions have been across the board.  My expectation is the outage will be on the lower end of the board.  We’re not going to have as many as I think people feared that we would, but the risk is still there.  We’re not out of the woods, and so we’ll have that specter of blackouts hanging over us unless Mother Nature intervenes.

 

((Jack))

Okay, so that means I’m not going to plug my refrigerator in the garage back in.

 

((Michael Shames, Utility Consumers Action Network))

No, get rid of that refrigerator.  Get rid of it right now.  You can’t use that.

 

((Jack))

Okay (Laughs).  Thank you all for being with us.  Thanks to all our guests.

 

One other thought to leave you with: A Recent Orbis study found seventy-six percent of those surveyed are unprepared to go without power for more than an hour.

 

((Melissa))

So who do you feel should be held responsible for our state’s power problems?  The state, the Governor, or the federal government?

 

Send us your thoughts via e-mail at capitolweek.org, and for the latest on the energy crisis, log onto “At Issue” while you’re there.

 

((Jack))

Thanks for your comments on our recent program featuring David Freeman, the Governor’s senior energy advisor. 

 

Jill from Citrus Heights writes:

“He never answered… how many plants had been opened.  Instead, he wants to cap pricing.  That’s what got us into this mess.”

 

((Melissa))

But Harold from Auburn writes:

“David is exactly right.  If a bid can go from twenty dollars a megawatt hour to over eighteen hundred dollars, that is price gouging.”

 

((Jack))

Next week, you’ll hear what the man who signed deregulation into law, former Governor Pete Wilson, has to say about the energy crisis.  In a rare in-depth interview only on California Capitolweek, he shares some candid and surprising information.

 

Begin Soundbite

 

((Former Governor Pete Wilson))

The Davis administration has been engaged in a blame game that has mislead the public or has attempted to mislead the public into saying or into believing that it was deregulation that caused the problem.

 

End Soundbite

 

((Jack))

That’s coming up next week.

 

((Melissa))

And that’s all the time we have this week.  Thanks for joining us.  Goodnight.