Message-ID: <19876210.1075848038479.JavaMail.evans@thyme> Date: Thu, 5 Apr 2001 03:28:00 -0700 (PDT) From: miyung.buster@enron.com To: california.group@enron.com Subject: Energy Issues Mime-Version: 1.0 Content-Type: text/plain; charset=ANSI_X3.4-1968 Content-Transfer-Encoding: quoted-printable X-From: Miyung Buster X-To: California working group X-cc: X-bcc: X-Folder: \Steven_Kean_June2001_3\Notes Folders\California X-Origin: KEAN-S X-FileName: skean.nsf Please see the following articles: Sac Bee, Thurs, 4/5: "Conservation bills hit snag: Provisions added to=20 shield farmers from blackouts irritate Senate leaders and delay passage of an overall package.= " Sac Bee, Thurs, 4/5: "Democrats urge U.S. price controls" San Diego Union, Thurs, 4/5: "California governor prepares to address state= =20 on energy"=20 San Diego Union, Thurs, 4/5: "State gets $4.1 billion infusion" San Diego Union, Thurs, 4/5: "All California hospitals exempted from=20 blackouts" San Diego Union, Thurs, 4/5: "Quick fix proposed for power problems" LA Times, Thurs, 4/5: "Treasurer Urges Disclosure of Power Cost" LA Times, Thurs, 4/5: "House GOP Moves to Draft Plan to Give the West Summ= er=20 Energy Aid" LA Times, Thurs, 4/5: "California's Electricity Woes Power Up Northwest" SF Chron, Thurs, 4/5: "Davis Campaign Losing Steam=20 Energy crisis generates possible challengers for governor in 2002 " SF Chron, Thurs, 4/5: "Crisis Takes Toll On State Economy=20 DAVIS'S SPEECH: Possible tax on generators " SF Chron, Thurs, 4/5: "San Jose Looks Past the Energy Crisis=20 Big server farm OKd in hope the electricity will be there" SF Chron, Thurs, 4/5: "More Unpaid Power Plants Face Closing=20 Owners slam PUC silence about bills " SF Chron, Thurs, 4/5: "California governor plans to address state on energ= y=20 " SF Chron, Thurs, 4/5: "Critics question effectiveness of energy rebates " SF Chron, Thurs, 4/5: "Developments in California's energy crisis " Mercury News, Thurs, 4/5: "Sharp dispute on economic impact in California" Mercury News, Thurs, 4/5: "Gov. Davis prepares to address state on energy" Orange County, Thurs, 4/5: "Too much hot air about too little power" = =20 (Commentary) Orange County, Thurs, 4/5: "More pain predicted in electric crisis" Orange County, Thurs, 4/5: " 'Windfall tax' on power profits? " Orange County, Thurs, 4/5: "PUC chief takes issue with utilities' claims o= n=20 power crisis" Orange County, Thurs, 4/5: "State borrows $4.1 billion for power" Orange County, Thurs, 4/5: "Electricity Notebook: Davis to discuss power= =20 crisis in=20 televised address" Individual.com, Thurs, 4/5: "California Regulators Face Backlash"=20 Individual.com, Thurs, 4/5: "ICF Consulting Study Predicts Turning Point i= n=20 Wholesale Power Markets" =20 Energy Insight, Thurs, 4/5: "Global Energy Use to Increase by 59%" ---------------------------------------------------------------------------= --- ---------------------------------------------------- Conservation bills hit snag: Provisions added to shield farmers from=20 blackouts irritate Senate leaders and delay passage of an overall package. By Kevin Yamamura and John Hill Bee Capitol Bureau (Published April 5, 2001)=20 Conservation bills designed to keep energy flowing this summer were stalled= =20 in the Legislature on Wednesday by a dispute over whether some farmers shou= ld=20 receive special protection from potential summer power blackouts.=20 The proposals make up a complementary, two-house conservation package that= =20 aims to save California about 4,000 megawatts of energy. The two bills -- S= B=20 5x by state Sen. Byron Sher, D-Palo Alto, and AB 29x by Assemblywoman=20 Christine Kehoe, D-San Diego -- together would cost the state $1.2 billion,= =20 though Gov. Gray Davis may reduce that with line-item vetoes should the=20 legislation reach his desk.=20 The dozens of conservation measures include:=20 $20 million in rebates or other incentives to encourage Californians to=20 replace inefficient appliances, with priority given to low- and middle-inco= me=20 residents.=20 An outreach program to teach schoolchildren about saving energy.=20 $14.5 million for efficient traffic signal lights.=20 Lawmakers want to give the bills to Davis before next week's scheduled spri= ng=20 recess begins late Thursday, but the legislation remains mired in a=20 cross-house entanglement over a series of changes that the Assembly pencile= d=20 into SB 5x on Tuesday.=20 The Assembly approved the bill Wednesday on a 74-1 vote, but the Senate=20 adjourned without resolving the dispute.=20 Assembly leaders said that unless several proposals favorable to farmers we= re=20 included in the bill, a group of Central Valley lawmakers would have oppose= d=20 it.=20 One proposal limits the amount of time interruptible agricultural customers= =20 can lose energy to four hours a day or 20 hours per month. Michael Boccador= o=20 of the Agriculture Energy Consumers Association said farmers and food=20 processors are concerned that their perishables would not be able to surviv= e=20 beyond that amount of time.=20 The provision would affect "interruptible," customers, those who volunteer = to=20 lose power in emergencies in exchange for lower rates.=20 Assemblyman Dennis Cardoza, D-Merced, a main proponent of the proposals, sa= id=20 the state's farmers are going to be the most hurt by rolling blackouts and= =20 high rates this summer and "are getting ready to leave the state if we don'= t=20 take care of the problem."=20 But the late change riled Senate leaders. Senate President Pro Tem John=20 Burton, D-San Francisco, said it would shift costs from farmers to urban=20 residents and develop special programs for agricultural customers.=20 "I think the ag people were very greedy, and what they gained in this=20 amendment, they may lose in other stuff," Burton said.=20 Assemblyman Fred Keeley, D-Santa Cruz, said he does not support some of the= =20 amendments but said that they should not prevent the conservation package= =20 from moving forward.=20 "We're trying to solve a problem," he said. "In my view, we cannot let the= =20 perfect be the enemy of the good."=20 Davis met privately with Assembly Republicans on Wednesday for two hours an= d=20 emerged saying he would talk about rate increases during tonight's=20 five-minute televised speech.=20 Republicans said they discussed proposals that would boost energy supply in= =20 the state and one to allow businesses to contract on their own for energy,= =20 which won the Democratic governor's support.=20 State Treasurer Phil Angelides, meanwhile, said he has lined up commitments= =20 for $4.1 billion in loans to keep the state going for the next few months= =20 until the sale of bonds to buy electricity. He hopes to get a total of $5= =20 billion to $6 billion in bridge loans. The money will be used to repay the= =20 state's general fund for what it has spent on power so far.=20 The loans, in turn, would be paid back with money from the bond sales. But= =20 Angelides warned that, before the bonds can be sold, he needs more=20 information from Davis about what's being spent on power.=20 "We will be selling the bonds in the public marketplace and so information= =20 must be made publicly available," he said.=20 The treasurer, who like Davis is a Democrat, said he wants to see the=20 information and the administration's long-term plan before he supports=20 selling bonds in excess of $10 billion, the initial estimate of the bond=20 sale.=20 If the bond sale is delayed, he said, the state could end up paying a highe= r=20 interest rate on the bridge loan, which comes due Aug. 29.=20 Tim Gage, Davis' finance director, said in a news release Wednesday that it= =20 was Angelides' bond underwriter, J.P. Morgan, who told him that more than $= 10=20 billion might be needed. Gage said Angelides is well aware that the=20 Department of Water Resources, which is buying power on behalf of the state= ,=20 has gone to great lengths to estimate how much money it needs.=20 Davis has come under fire from legislators, the media and others for not=20 disclosing more details about power purchases. The administration says that= =20 revealing more would compromise the state's bargaining position.=20 Angelides also said that if Pacific Gas and Electric or Southern California= =20 Edison challenges a Tuesday decision by the Public Utilities Commission=20 setting the state's share of electricity revenues, the bridge loan could be= =20 held up.=20 PG&E spokesman Ron Low said the utility is reviewing the PUC decision to se= e=20 if all its costs of buying power will be covered.=20 The company has 10 days from Tuesday to ask for a rehearing. If PG&E decide= s=20 not to seek a new hearing, Angelides said, he would expect to complete the= =20 bridge loan within another week.=20 Angelides said that officials should start turning their attention from=20 paying for power to driving down the costs of electricity by enacting an=20 excess profits tax on generators or buying power plants.=20 A state Senate committee Thursday approved a vaguely defined bill to impose= a=20 windfall profits tax on power generators. Under the bill, the revenues rais= ed=20 by the tax would be returned to ratepayers.=20 "It really doesn't get at the fundamental problem, which is supply," said= =20 Martin Wilson, a lobbyist for Houston-based Reliant Energy Inc., which owns= =20 generating plants in California.=20 Wilson said the tax could actually worsen the supply problem by creating "a= =20 major disincentive" to building power plants in California.=20 The Bee's Kevin Yamamura can be reached at (916) 326-5542 or=20 kyamamura@sacbee.com.=20 Bee Staff Writer Dale Kasler contributed to this report.=20 ---------------------------------------------------------------------------= --- ---------------------------------------------------------- Democrats urge U.S. price controls By David Whitney Bee Washington Bureau=20 (Published April 5, 2001)=20 WASHINGTON -- Nearly three dozen Democratic House members from California,= =20 Oregon and Washington joined in support of legislation to impose mandatory= =20 controls on wholesale electricity prices Thursday amid indications that the= =20 issue is fast becoming a political powder keg.=20 The legislation was endorsed by House Minority Leader Dick Gephardt, D-Mo.,= =20 who stood shoulder-to-shoulder with a large contingent of West Coast=20 Democrats at an outdoor news conference. The House members denounced the Bu= sh=20 administration and the Federal Energy Regulatory Commission for doing nothi= ng=20 as prices zoom ever higher in a market of perpetual shortage.=20 "They are going to keep FERCing us day in and day out," said Rep. Peter=20 Defazio, D-Ore., in a word play on the acronym for the regulatory commissio= n.=20 "If the Bush administration is frozen in inaction, congressional members wi= ll=20 step forward and exert action," Gephardt said.=20 With the West Coast summer of power shortages fast approaching, Rep. Joe=20 Barton, the Texas Republican who heads the House Energy and Commerce energy= =20 subcommittee, had intended to roll out an energy bill by this week.=20 But the House recesses Friday for a two-week spring break, pushing off any= =20 House bill until late April. And Barton's spokeswoman, Samantha Jordan, sai= d=20 it's not certain now that Barton will even introduce legislation as a resul= t=20 of six days of hearings on the California crisis.=20 "He hasn't decided to do a bill," Jordan said. "He's still looking at=20 options."=20 Some utility and Democratic sources said the White House has quietly urged= =20 Barton to slow down work on an energy bill because it is worried that=20 Democrats will offer the price-control legislation as an amendment.=20 With fears spreading in the Northeast that New York and possibly other stat= es=20 could face similarly skyrocketing electricity costs as air conditioners beg= in=20 turning on in a few weeks, the White House is said to be concerned that suc= h=20 an amendment could squeak through Congress and force the president's hand o= n=20 a veto.=20 Last week Barton began circulating a list of ideas for inclusion in an=20 emergency bill. Among the ideas is requiring the FERC to determine if price= s=20 are being unreasonably jacked up by producers -- something the commission= =20 already has decided.=20 The ideas also included starting up backup generators on federal buildings,= =20 authorizing portable generators to be set up and run on military property,= =20 authorizing the Defense Department to "explore connecting Navy nuclear-ship= =20 generators to the electric grid" and firing up mothballed non-nuclear plant= s.=20 One congressional source said the administration has begun dispatching=20 regulatory officials to federal property in California looking at any and= =20 every suitable location for "dropping in" portable generation plants.=20 The Bee's David Whitney can be reached at (202) 383-0004 or=20 dwhitney@mcclatchydc.com.=20 ---------------------------------------------------------------------------= --- ------------------------------------------------------------ California governor prepares to address state on energy=20 By Jennifer Coleman ASSOCIATED PRESS=20 April 5, 2001=20 SACRAMENTO =01) While California Gov. Gray Davis prepared to address the st= ate=20 Thursday night on energy, economic forecasters predicted his constitutents= =20 will pay higher taxes, watch out-of-state investments evaporate and suffer= =20 scrapped public projects because of the ongoing power crisis.=20 The UCLA Anderson Forecast says the worst economic threat could come from= =20 state government itself and its scrutiny of private power suppliers, which= =20 along with blackouts and brownouts, could scare new businesses away.=20 Davis addressed some commercial concerns Wednesday by breaking with his=20 appointees on the Public Utilities Commission by saying private companies a= nd=20 other large power users should be allowed to contract directly for power wi= th=20 generators.=20 State gets $4.1 billion infusion=20 All California hospitals exempted from blackouts=20 Quick fix proposed for power problems=20 Continuing coverage: California's Power Crisis=20 ?=20 Critics of allowing direct access include PUC President Loretta Lynch and T= he=20 Utility Reform Network, who say residential customers and small businesses= =20 unable to garner such contracts will get stuck with the bill for the billio= ns=20 of dollars the state has and will spend buying electricity for the customer= s=20 of three cash-strapped utilities.=20 Word came from California's treasurer Wednesday that the state had secured= =20 $4.1 billion in loans to help pay back the state's power buys.=20 Facing continued refusal from federal energy regulators to cap high energy= =20 prices, Davis reassessed the tools at his disposal Wednesday, saying he is= =20 open to supporting a windfall-profits tax being proposed by lawmakers on=20 electric generators that have made a fortune selling power to California th= is=20 year.=20 Assemblywoman Ellen Corbett, D-San Leandro, introduced a windfall-profits t= ax=20 bill Wednesday that would tax gross receipts that "significantly exceed" th= e=20 cost of producing power.=20 It would also tax profits of power marketers who have bought power and late= r=20 sold it at much higher rates. The rate of the tax was not specified in the= =20 bill, and Corbett said she expects the details to be worked out later.=20 "We continue to allow some electricity generators and middlemen to reap=20 enormous profits on their sales of electricity into the state. This=20 profiteering must stop," said Corbett.=20 Senators on the Revenue and Tax Committee have also inserted similar langua= ge=20 into a pending bill.=20 Tom Williams, spokesman for Duke Energy, said he doubted a tax on a selecte= d=20 industry would be legal. The tax would discourage generators from building= =20 new power plants in California, he said.=20 "The governor has made very clear that he is trying to do whatever he can t= o=20 increase the amount of generation in California and reduce the price.=20 Windfall profits taxes do neither of these," said Williams.=20 "Clearly it would have an adverse affect on our decisions on new investment= =20 or following through on our planned investments," he said.=20 Davis said Wednesday he generally opposes treating profitable companies in= =20 that manner, "but these profits are outrageous and are at our expense. The= =20 only things companies understand is leverage. I'm not saying I'll sign it a= nd=20 I'm not saying I won't sign it."=20 For the first time, Davis also said the state should let companies buy thei= r=20 power from generators instead of going through the utilities.=20 A January law that allowed the state to begin buying power for two nearly= =20 bankrupt utilities barred such side contracts.=20 "That was done originally with the thought the state would have more power= =20 and no one to sell it to if companies got off the grid," Davis said. "But o= ur=20 problem is the opposite this summer. If companies want to get off the grid,= =20 we should encourage, not discourage that."=20 The Democratic governor's comments came after he met behind closed doors fo= r=20 more than two hours with Assembly Republicans, who have sharply criticized= =20 his handling of the energy crisis.=20 "I think everyone agreed there are no political winners unless we resolve= =20 this challenge," Davis said. "There were a lot of suggestions in there I'm= =20 willing to adopt."=20 For instance, he agreed that San Diego Gas and Electric customers should ha= ve=20 a different benchmark for receiving 20 percent rebates under his program fo= r=20 consumers who cut their energy use by 20 percent this summer.=20 Unlike other Californians, San Diego residents faced soaring rates last=20 summer and began conserving then, so Davis said they should have to cut 20= =20 percent from 1999 energy use levels instead of using last summer as a=20 starting point.=20 Davis said he hasn't written the remarks he will make during a five-minute= =20 address at 6:05 p.m. Thursday that he has asked California television=20 stations to carry live.=20 However, he said he will "share with them (viewers) the progress that we've= =20 made and what we have to get through."=20 He is expected to talk about the more than 40 percent rate increases approv= ed=20 last week by the PUC for customers of Pacific Gas and Electric Co. and=20 Southern California Edison Co.=20 ---------------------------------------------------------------------------= --- ---------------------------------------- State gets $4.1 billion infusion=20 Treasurer to Davis: Don't pay generators' 'ransom' By Ed Mendel=20 UNION-TRIBUNE STAFF WRITER=20 April 5, 2001=20 SACRAMENTO -- State Treasurer Phil Angelides announced an agreement for a= =20 $4.1 billion short-term loan yesterday that would provide urgently needed= =20 cash to begin repaying the state general fund for power purchases.=20 Angelides said the loan is needed to protect the state's credit rating and= =20 preserve "important funding for programs such as education, public safety a= nd=20 children's services."=20 The treasurer also sent a letter to Gov. Gray Davis warning that plans to= =20 increase the size of a $10 billion bond, which would repay the short-term= =20 loan and finance future power purchases, may only delay the "reality of=20 runaway energy prices."=20 Angelides urged Davis and the Legislature to send power generators a messag= e=20 by considering a windfall profits tax or seizure of power plants that=20 utilities sold under a failed deregulation plan.=20 "These are very tough guys," Angelides said, "and you don't negotiate with= =20 them by trying to figure out night and day how to pay their ransom. You've= =20 got to push back on them. It's the only thing they understand."=20 The state Senate began moving a bill yesterday that would impose a windfall= =20 profits tax on generators. The governor declined to say whether he would si= gn=20 the bill, but Davis did say its movement was "not an entirely unpleasant=20 event."=20 "These profits are just outrageous," said Davis, echoing the treasurer's vi= ew=20 of the generators. "They are coming at our expense directly, and the only= =20 things companies understand is leverage."=20 The governor, who had previously briefed Democrats in both houses on his=20 handling of the electricity crisis, emerged from a two-hour meeting with=20 Assembly Republicans yesterday and announced two agreements.=20 Davis said he would make an adjustment sought by San Diego County residents= =20 in his "20/20" conservation plan, which reduces electricity bills 20 percen= t=20 if customers reduce their energy use 20 percent below the same summer month= =20 in the previous year.=20 San Diego Gas and Electric ratepayers reduced their power use last summer= =20 when the utility became the first to be deregulated and bills doubled and= =20 tripled before rates were capped by legislation.=20 The governor also said that businesses and other large users of electricity= =20 should be allowed to contract directly with generators for power. He said n= ew=20 contracts were barred because the state thought it would need customers to= =20 pay for state power purchases.=20 "Our problem is just the opposite," Davis said. "We should encourage that a= nd=20 not discourage it."=20 Assembly Republicans said Davis told them that he will discuss the need for= =20 an increase in electricity rates in a statewide television address schedule= d=20 for 6:05 p.m. today.=20 The state Public Utilities Commission, controlled by Davis appointees,=20 abruptly imposed the biggest rate increase in state history on Pacific Gas= =20 and Electric and Southern California Edison customers last week. An SDG&E= =20 rate increase is pending.=20 Davis said the PUC rate increase was "premature" and promised to give his= =20 view after studying data. The PUC increase was more than 40 percent for=20 electricity and about 26 percent in the total bill, which includes=20 transmission and distribution costs.=20 The state began buying power for utility customers in mid-January after PG&= E=20 and Edison were pushed to the brink of bankruptcy. Their rates were frozen= =20 under deregulation as wholesale power costs soared, producing a debt of abo= ut=20 $13 billion.=20 State officials are considering purchasing the utilities' transmission=20 systems as a way to provide the utilities with money to pay that debt.=20 Sempra Energy Chief Executive Stephen Baum said yesterday in New York that= =20 the company, which owns SDG&E, wants $1.4 billion for its part of the grid,= =20 but state officials have offered $1.2 billion. The state has not disclosed= =20 any details about the SDG&E negotiations.=20 Edison reached a tentative agreement with the state last month to sell its= =20 larger part of the grid for $2.76 billion.=20 So far, the state has spent about $4 billion to buy electricity. Angelides= =20 said he has a commitment for a $4.125 billion short-term or "bridge" loan= =20 from three lenders: J.P. Morgan, $2.5 billion; Lehman Brothers, $1 billion;= =20 and Bear Stearns, $625 million.=20 The treasurer said he hopes to get other lenders and reach a total of $5=20 billion to $6 billion. But, Angelides said, the loan could be blocked if=20 utilities challenge a decision by the PUC on Tuesday that gives the state= =20 $3.5 billion a year from the monthly bills collected by utilities from=20 ratepayers.=20 PG&E and Edison have said they believe the PUC action does not leave them= =20 enough money and will drive them deeper into debt. The utilities said=20 yesterday that they have not decided whether to challenge the PUC ruling.= =20 Angelides said the utilities have 10 days from Tuesday to challenge the PUC= =20 decision. He said that if the PUC did not quickly resolve a challenge,=20 legislation would be needed to allow the short-term loan. If the utilities = do=20 not challenge the PUC action, he would expect to close the short-term loan = by=20 about April 23.=20 Angelides said the short-term loan, obtained at 5.38 percent interest, must= =20 be repaid by Aug. 29 or it will automatically convert into a long-term loan= =20 with an interest rate that is two percentage points higher and due Aug. 29,= =20 2004.=20 The plan is to repay the short-term loan with the biggest municipal bond in= =20 the history of the nation, which would be paid off by ratepayers over a doz= en=20 years. But Angelides and the Davis administration disagree about how large= =20 the bond should be.=20 Angelides wanted to limit the bond to $10 billion. He warned last month tha= t=20 the money, which will also pay for upcoming electricity purchases, could be= =20 exhausted by September if the state continues to buy power at high rates.= =20 PUC President Loretta Lynch said the $3.5 billion in ratepayer revenue=20 allocated to the state would allow a bond issue of $12 billion to $14=20 billion. The Davis administration says a bond in that range is needed to=20 spread the cost of power purchases over a decade and avoid a huge rate=20 increase.=20 Angelides said a bond cannot be issued unless the Davis administration=20 publicly discloses detailed information about power purchases -- prices pai= d=20 in the past and estimates for the future. Newspapers and Republican=20 legislators have filed lawsuits to force the release of the information.=20 The Legislature yesterday sent Davis a bill by state Sen. Dede Alpert,=20 D-Coronado, that would cap rates for businesses served by SDG&E at 6.5 cent= s=20 per kilowatt-hour.=20 Currently, businesses whose peak demand exceeds 100 kilowatt-hours a month= =20 pay market rates for electricity, which in some cases have soared to 37 cen= ts=20 per kilowatt-hour. An Alpert aide said Davis is expected to sign the bill. Staff writer Bill Ainsworth and Bloomberg News Service contributed to this= =20 report.=20 ---------------------------------------------------------------------------= --- ------------------------------------ All California hospitals exempted from blackouts=20 By John Berhman=20 UNION-TRIBUNE STAFF WRITER=20 April 5, 2001=20 All hospitals in California, regardless of their size, are now ensured that= =20 their power will remain on during rolling blackouts, thanks to a ruling by= =20 the state Public Utilities Commission.=20 Previously, hospitals with fewer than 100 beds were not exempt from rolling= =20 blackouts imposed by power companies, Jan Emerson, a vice president for the= =20 California Healthcare Association, said yesterday.=20 "The PUC had that 100-beds-or-more rule on the books since 1980, but they= =20 came to realize that there is no magic number when you are putting people's= =20 lives in jeopardy," Emerson said.=20 The PUC decision, made on Tuesday, "takes the decision out of the hands of= =20 the power companies" and ensures electricity for all hospitals, she said. S= an=20 Diego Gas & Electric Co. has been cooperative about maintaining power to=20 hospitals during rolling blackouts here, Emerson said, but the state's othe= r=20 two companies, Southern California Edison and Pacific Gas & Electric, have= =20 not been.=20 She said that during blackouts of March 19 and 20, about a dozen hospitals= =20 lost power, ranging in size from the 750-bed Long Beach Medical Center to t= he=20 40-bed Adventist Health Redbud Community Hospital in Clear Lake, north of S= an=20 Francisco.=20 A lawsuit filed March 22 on behalf of the hospitals, and backed by the heal= th=20 care association, forced the commission to change its policy, Emerson said.= =20 The decision was well-received in San Diego County.=20 "We had been assured by SDG&E that we would be given a high priority to kee= p=20 our power on during a rolling blackout," said Corey Seale, chief executive= =20 officer for the 47-bed Fallbrook Hospital. "But we're very pleased by the P= UC=20 action because this guarantees us service absolutely even during rolling=20 blackouts."=20 Utility companies have argued that hospitals have backup generators that ca= n=20 kick in during rolling blackouts, Emerson said, "but that can take 10 to 15= =20 seconds to occur, and for someone undergoing open-heart surgery, that delay= =20 could be fatal."=20 ---------------------------------------------------------------------------= --- -------------------------------------- Quick fix proposed for power problems=20 Clean-air waivers part of GOP package By Toby Eckert=20 COPLEY NEWS SERVICE=20 April 5, 2001=20 WASHINGTON -- A key House Republican said yesterday he is drafting emergenc= y=20 legislation to help California and other states facing power crises this=20 summer, and hopes to put it on a fast track for passage.=20 Rep. Joe Barton, R-Texas, indicated his proposal would allow waivers of=20 clean-air regulations that critics say hamper power generation, but would n= ot=20 include electricity price controls sought by California officials. Barton= =20 backed away from the controversial idea of plugging nuclear-fueled Navy=20 vessels into the power grid.=20 Barton -- who chairs the House energy and air quality subcommittee -- said = he=20 hopes to "get some bipartisan consensus" before actually introducing=20 legislation. But his approach already is alienating some Democrats.=20 "The clean-air moves would be an enormous problem," said a spokesman for Re= p.=20 Henry Waxman, D-Los Angeles, a subcommittee member. "If you're not doing=20 (price controls) and instead weakening clean-air laws, you're not really=20 doing anything."=20 Capitol Hill sources said Barton won't introduce a bill if it appears=20 subcommittee members from Western states would be able to attach language= =20 calling for price controls. He is also awaiting a green light from the Whit= e=20 House, the sources said.=20 Democrats from California, Oregon and Washington, joined by House Minority= =20 Leader Richard Gephardt, D-Mo., introduced a bill Wednesday that would=20 require federal regulators to impose wholesale price controls in the West f= or=20 the next two years and order refunds for high electricity prices dating bac= k=20 to June 1, 2000. New power plants would be exempt from the price limits,=20 which would be based on the cost of producing power, plus a profit margin.= =20 In a speech to the National Energy Marketers Association, Barton said he=20 hopes his subcommittee can pass a bill shortly after Congress returns April= =20 22 from its Easter recess. It would be the first move by Congress to addres= s=20 the power crunch roiling California and the West and looming in other=20 regions.=20 "California is too big a part of our economy, too big a part of our=20 population base. We can't just say, 'Let California take care of=20 California,'?" Barton said. " .?.?. Unless we pass a law that says, 'Summer= =20 shall not start in California until September the first,' we've got to do= =20 something right now to help them this summer."=20 Barton refused to say exactly what he would propose. But he indicated that = a=20 draft bill he planned to circulate among subcommittee members would paralle= l=20 proposals he sent to the White House recently.=20 They included directing the EPA to waive nitrogen oxide emission limits on= =20 power plants if a governor declares an electricity emergency, increasing th= e=20 use of backup generators, allowing the start-up of mothballed nuclear power= =20 plants, providing federal funding for the expansion of a crucial Central=20 Valley power conduit known as Path 15 and directing the Federal Emergency= =20 Management Agency to make plans for blackout response.=20 Barton said "technical reasons" sidelined his proposal to use nuclear-power= ed=20 Navy vessels to keep the lights on in California.=20 "Plus, you've got some national security issues. Do you really want a nucle= ar=20 aircraft carrier that might need to be dispatched to the South China Sea ti= ed=20 up to the grid in San Diego?" he added.=20 The Bush administration was said to be less than impressed with the idea.= =20 Barton said he didn't "have any definitive answers" yet from the White Hous= e=20 on his proposals.=20 Barton did not waver in his opposition to price controls, dismissing them a= s=20 "a political expedient that can hold down the price until the next election= ."=20 President Bush also opposes price limits.=20 ---------------------------------------------------------------------------= --- ----------------------------------- Treasurer Urges Disclosure of Power Cost=20 Energy: Angelides warns that $10-billion bond issue to finance purchases=20 can't be sold otherwise. Davis, who has resisted such a move, sees a chance= =20 of more blackouts.=20 By MIGUEL BUSTILLO and DAN MORAIN, Times Staff Writers=20 ?????SACRAMENTO--State Treasurer Phil Angelides warned Wednesday that he=20 cannot sell a record $10 billion in bonds to finance purchases of electrici= ty=20 unless the state reveals the price it is paying for power--something Gov.= =20 Gray Davis has refused to do. ?????The warning came as Davis acknowledged that his efforts to secure enou= gh=20 electricity to meet demand could fall short, raising the possibility of mor= e=20 blackouts. ?????"The real crunch," Davis said Wednesday, "will be in May and June and= =20 late April"--much earlier than the usual peak in August, September and earl= y=20 October. Angelides said he cannot secure the largest municipal bond offerin= g=20 in American history until Wall Street can see what California is spending o= n=20 power and what it expects to spend in the future. ?????"You can't go to the marketplace to sell $10 billion in bonds and say,= =20 'We don't have a public plan,' " Angelides said. ?????Angelides announced that he has secured $4.1 billion in short-term=20 "bridge" financing to repay the state for power purchases until the bonds a= re=20 issued. That deal remains clouded, in part by the utilities' resistance to= =20 using customer payments to repay the bonds promptly. ?????The governor is scheduled to give a five-minute televised address on= =20 energy at 6:05 tonight, expected to be carried by all Los Angeles televisio= n=20 stations. ?????In addition to discussing the potential for more blackouts, Davis is= =20 expected to outline his efforts to expand power production, renew his call= =20 for Californians to cut electricity use and address the question of rate=20 hikes. ?????"I'm certainly going to share with [Californians] the progress we've= =20 made and what we have to do together over the near term to get through this= =20 challenge," Davis told reporters. " . . . We have to accept responsibility= =20 for solving the problem. I'm going to lay out exactly how to do that." ?????Sensing the urgency, the Legislature spent much of Wednesday pushing= =20 forward a $1.2-billion package of conservation bills crucial to helping=20 California escape widespread power outages during the hot season. ?????And in another move to boost summer supplies, the California Energy=20 Commission approved two "peaking plants" under a new fast-track, 21-day=20 permit process ordered by Davis. ?????Designed to produce power to meet sudden demand, such plants are a maj= or=20 part of the governor's plan to help avert blackouts this summer, and=20 commissioners approved them unanimously. But they expressed qualms about th= e=20 vague standards in place for the plants--one to be built near San Diego, th= e=20 other in Palm Springs--in part because the facilities have been exempted fr= om=20 the usual environmental reviews. ?????Most experts assume that peaking plants are pressed into service only= =20 when demand for electricity is highest. But the facilities approved Wednesd= ay=20 are capable of operating for as much as 85% of the time. ?????The partnership that owns the plants--a venture between Shell Oil and = an=20 arm of engineering giant Bechtel Enterprises--is in talks to sell electrici= ty=20 to the state for 10 years or more. But current contracts call for the sale = of=20 500 hours of electricity for the next three years, said John Jones, a=20 representative of the partnership. ?????The company would sell the rest of its electricity on the open market,= =20 presumably at higher prices--and not necessarily in California. ?????Suggesting that the facilities may not fit the definition of peaking= =20 plants, outgoing Commissioner Robert Laurie called for more public disclosu= re=20 about the implications of Davis' emergency order. ?????"They may be large; they may be small," Laurie said. "They may operate= =20 300 hours; they may operate 8,000 hours." ?????Measures Focus on Cutting Consumption ?????The conservation bills that lawmakers addressed Wednesday--supported b= y=20 environmentalists and the business community alike--represent the largest= =20 such investment in history and are designed to get Californians to cut ener= gy=20 consumption this summer. ?????The measures would provide everything from rebates for buyers of new,= =20 efficient refrigerators to free power-saving lightbulbs for poor people. Al= l=20 told, the measures are expected to save California roughly the amount of=20 electricity produced by eight power plants. ?????Legislators had hoped to get the bills to the governor's desk by the e= nd=20 of this week, but some turbulence slowed the progress. ?????The trouble began Tuesday, when Assembly Democrats and Republicans fro= m=20 agricultural areas said they would not vote for the Senate bill, SB 5X, unt= il=20 it was amended to include programs to help agriculture. Concluding that=20 opposition might stall the bill in the lower house, Assembly leaders agreed= =20 to the amendments, including one that protects agribusiness from blackouts. ?????That move infuriated the bill's author, Sen. Byron Sher (D-Stanford),= =20 and started a war of words between the houses. ?????"What they did and the way they did it I found a little untoward," sai= d=20 Senate Leader John Burton (D-San Francisco), calling the agricultural=20 interests "greedy." ?????In the end, the bill cleared the Assembly by a vote of 74 to 1=20 Wednesday. It now returns to the Senate. A second conservation bill, AB 29X= =20 by Assemblywoman Christine Kehoe (D-San Diego), containing more than $400= =20 million more for conservation programs, also awaits action there. ?????While the governor has been pushing for the bills, their price tag=20 exceeds what he has pledged to spend on conservation, and he is expected to= =20 trim the legislation once it arrives on his desk. ?????Concerns About Depleting Treasury ?????Angelides, meanwhile, sent a letter to Davis outlining his problems in= =20 issuing the $10 billion in bonds needed to repay the state for the power it= =20 has been buying on the spot market. To avert mass blackouts, California mad= e=20 its risky foray into the power-buying business in January after the state's= =20 two largest utilities said they were nearly bankrupt and generators would n= o=20 longer sell to them. ?????The state has been buying power at the rate of roughly $50 million a= =20 day. A Davis-sponsored plan calls for the $10 billion in bonds to repay the= =20 state; the bonds, in turn, would be retired by utility customers through=20 their monthly bills. ?????That plan was based on the premise that the state would be able to=20 stabilize, and eventually lower, the price of electricity by entering into= =20 long-term contracts with power suppliers. Those lower prices have yet to=20 materialize, raising increasing questions about whether $10 billion will be= =20 enough. ?????"I think there is no doubt that if we continue to chunk out general fu= nd=20 money without end, what's going to happen is that we're going to deplete ou= r=20 treasury, we're going to harm the very programs that we care most about, an= d=20 our credit rating will come down," Angelides said. ?????The governor's finance director, Tim Gage, said such fears are=20 unfounded. Officials have planned all along to release some details on=20 California's power purchases to the Public Utilities Commission so the pane= l=20 could determine how much money is needed to repay the bonds, he said: "I=20 would think that any information required to sell the bonds will be provide= d.=20 . . . I don't know how specific it's going to have to be." ?????Also on Wednesday: ?????* The Assembly and Senate passed a bill placing price caps on large=20 power users in San Diego, currently the only area in California where some= =20 are feeling the full sting of the deregulation law adopted in 1996. San Die= go=20 was the first and only area where state regulators lifted price caps, the= =20 expected outcome of deregulation. The result last summer was that bills=20 doubled or tripled virtually overnight. ?????The bill, SB 43 by Sen. Dede Alpert (D-Coronado), would protect medium= =20 and large power users such as businesses, school districts and hospitals fr= om=20 the full cost of electricity on the open market. Homeowners and other small= =20 consumers are protected under legislation approved last year. ?????* Lawmakers in both houses announced legislation that would place a=20 windfall profits tax on power companies that sell electricity to California= =20 at excessive prices. "It's time to gouge the gougers," said Assemblywoman= =20 Dion Aroner (D-Berkeley), a sponsor of the Assembly proposal. ?????In the upper house, a bill (SB 1X) that would tax power producers'=20 profits at an unspecified rate and rebate the money to taxpayers cleared it= s=20 first committee hurdle. Davis said he has "an open mind" about the=20 legislation. ?????Power producers said a windfall tax would do nothing to solve the=20 fundamental problem--a shortage of electricity--and would have an=20 inflationary effect because the expense would be passed on to consumers. ?????* California Public Utilities Commission President Loretta Lynch said = no=20 additional electricity rate hikes will be necessary if Californians conserv= e=20 energy and electricity producers don't raise prices. ?????Lynch, speaking to reporters after a speech Wednesday at the UCLA=20 Anderson Business Forecast quarterly meeting on the economy, also said=20 conservation efforts endorsed by Davis will help keep prices down by reduci= ng=20 demand. ?????"If we conserve, some of those sellers will get cut out," said Lynch. ---=20 ?????Times staff writers Julie Tamaki, Seema Mehta, Nancy Vogel, Stuart=20 Silverstein and Jenifer Warren contributed to this story. ---------------------------------------------------------------------------= --- ---------------------------------------------------------------- House GOP Moves to Draft Plan to Give the West Summer Energy Aid=20 By RICHARD SIMON and RICARDO ALONSO-ZALDIVAR, Times Staff Writers=20 ?????WASHINGTON--Congressional Republicans are drafting an emergency bill t= o=20 help the West cope with a summer of predicted electricity turmoil, offering= =20 such possible measures as aid to ease a notorious bottleneck in the=20 California transmission system and directing federal disaster officials to= =20 prepare for power outages. ?????The move came as Democratic criticism of the Bush administration's=20 response to the power crunch intensified Wednesday. The administration has= =20 become more defensive about criticism that it has left California on its ow= n=20 to solve its crisis. ?????Rep. Joe Barton (R-Texas), the influential chairman of the House energ= y=20 and air quality subcommittee, said he is splicing together the emergency=20 legislation and hopes to introduce it when Congress returns from the Easter= =20 recess. ?????"We can't just say, 'Let California take care of California,' " Barton= =20 said at an energy conference in Washington. ?????Although the bill will not contain the price caps sought by Democrats= =20 and a handful of Republicans, Barton said in an interview that he will allo= w=20 amendments in support of price controls during committee deliberations. ?????"They will have a chance to see whether the votes are there," Barton= =20 said. "I don't think the votes are there, but I see no reason why [supporte= rs=20 of price controls] can't have the full right to offer an amendment." ?????A list circulated by GOP staff in recent weeks includes a range of ide= as=20 such as relaxing environmental rules, subject to a governor's request;=20 increasing federal energy assistance to low-income consumers; firing up=20 mothballed power plants; and directing federal facilities to reduce energy= =20 use by 10%. ?????Some of the ideas are more practical than others. Referring to a=20 proposal to connect nuclear ships to the electricity grid, Barton said: "Do= =20 you really want a nuclear aircraft carrier that might need to be dispatched= =20 to the South China Sea tied up to the grid in San Diego?" ?????On the issue of relaxing clean air rules--another sensitive point for= =20 Democrats--Barton said his bill would not make permanent changes in=20 environmental requirements. Instead, it would grant governors the flexibili= ty=20 to allow power plants that have exceeded emissions limits to temporarily ke= ep=20 operating during emergencies. ?????That, he contended, would be less harmful than one likely alternative:= =20 individuals and companies relying on their own generators during blackouts.= =20 "It doesn't make a lot of sense to allow diesel generators to kick in and= =20 shut down units that use natural gas," Barton said. ?????Separately, Sen. Frank Murkowski (R-Alaska), chairman of the Senate=20 Energy and Natural Resources Committee, has asked for an inventory of all= =20 possible energy sources in the West and "what actions will be necessary to= =20 bring those sources online or increase their current generation." ?????But Democrats said that without price controls, Republican-sponsored= =20 bills would be of little help this summer to California. ?????"If it doesn't provide wholesale price caps, it doesn't do what is=20 needed to help California," said Phil Schiliro, chief of staff for Rep. Hen= ry=20 A. Waxman (D-Los Angeles). ?????House Democratic Leader Richard Gephardt of Missouri joined a group of= =20 House Democrats from California, Oregon and Washington in unveiling price= =20 control legislation. ?????Rep. Peter A. DeFazio (D-Ore.) accused the Bush administration of=20 conducting "faith-based regulation" of energy prices. "Flip the switch and= =20 pray the lights come on, and that you'll be able to afford the bill at the= =20 end of the month," he said. ?????The administration contends that price controls will discourage=20 investment in new power plants. "Price caps don't work," Barton said in=20 remarks to the National Energy Marketers Assn. "Price caps aren't going to= =20 get you more supply." ?????Sen. Dianne Feinstein (D-Calif.) is preparing to introduce another pri= ce=20 control bill in the Senate. Acknowledging Bush's opposition to price=20 controls, she said her proposal seeks only "cost-based rates."=20 ?????Price control supporters say they can structure the controls to ensure= =20 that power suppliers recover their costs and make a "reasonable" profit. Th= ey=20 also say they can exempt new power plants in order to address Bush's concer= ns. ?????Barton warned that the federal measures are unlikely to prevent=20 blackouts altogether. ?????"It's going to be a tough summer out West. . . . I don't see any=20 scenario where you don't have severe blackouts on a consistent basis this= =20 summer," he said.=20 ---------------------------------------------------------------------------= --- ------------------------------------------------------------------- California's Electricity Woes Power Up Northwest=20 Bonneville agency's sales to Golden State keep rates low for customers up= =20 north. But doubts remain on how long the region can benefit from its federa= l=20 dams.=20 By KIM MURPHY, Times Staff Writer=20 ?????PORTLAND, Ore.--As California searched last summer for surplus=20 electricity to keep its air conditioners humming, the Bonneville Power=20 Administration stepped forward to help. ?????How much did the marketing agency charge for each of the 489,000=20 megawatt-hours it shipped south, power generated by the massive federal=20 hydropower dams in the Northwest? ?????If you guessed $22.39, the amount BPA charges public utilities in=20 Seattle, think again. The average price was three times that. And at the=20 height of the power-marketing frenzy, Bonneville got $750 a megawatt-hour, = 33=20 times what public utilities and private firms in the Pacific Northwest were= =20 paying. ?????As power generators throughout the West profited from California's=20 energy appetite last year, so too did Northwest customers: BPA netted $400= =20 million from sales to the Golden State, which helped hold down rates for=20 private electricity users here who already pay the lowest rates in the=20 nation--half of what Californians pay. ?????And major aluminum, steel and chemical companies across the=20 region--which not only pay lower rates but also have the right to purchase= =20 certain allotments of energy produced by the federal dams--stand to pocket= =20 $1.8 billion in the next few months by reselling or exchanging their shares= =20 so Bonneville can help California out of its crisis. ?????How long, Northwestern politicians wonder, can the region hold onto th= e=20 exclusive benefits of a multibillion-dollar network of 29 federal dams on t= he=20 Columbia and Snake rivers--legendary edifices such as Bonneville and Grand= =20 Coulee? ?????How long, others ask, should it be able to? ?????California's two Democratic senators--Dianne Feinstein and Barbara=20 Boxer--have questioned the fairness of locking in low power rates "for a=20 select group of consumers, to the detriment of tens of millions of others= =20 whose taxes also paid for the facilities that generate and manage that powe= r=20 source." ?????Said David Luken of the Edison Electrical Institute, a coalition of=20 investor-owned utilities: "It would be as if California took all the revenu= es=20 from offshore oil and used it to hold down gasoline prices in Los Angeles." ?????Critics estimate that BPA routinely sells its power to customers in th= e=20 Northwest for about $1 billion a year less than it could earn at market=20 rates. Last year, the gap spread to about $3 billion. The BPA is the major= =20 reason homeowners in Seattle are paying 5.4 cents a kilowatt-hour for=20 electricity; Southern California Edison customers pay 10.2 cents. ?????After suspending sales to California late last year because the power= =20 the BPA was able to generate in the face of an extreme drought was needed i= n=20 the Northwest, the agency briefly resumed sending electricity south last=20 month--dispatching between 600 to 1,000 megawatts an hour for about eight= =20 days between March 7 and March 21. ?????Although officials would not disclose the negotiated price, the market= =20 rate for power then ranged from $210 to $350 a megawatt-hour. ?????Despite the windfall sales to California, however, the BPA has its=20 problems. With contracts to deliver much more power than it can generate, B= PA=20 has said it would have to institute rate increases totaling $3 billion a ye= ar=20 or more unless it can wean substantial blocs of customers off of federal=20 power. ?????The belt-tightening threatens the region's aluminum industry and=20 ratepayers in Washington state, Oregon, Montana and Idaho--some of whom=20 already have seen their electric bills rise 50% or more over the last few= =20 months. ?????The looming fiscal emergency is so severe that Oregon Gov. John=20 Kitzhaber recently proposed seeking a temporary reprieve from most of BPA's= =20 annual $732-million debt repayment. That is money to reimburse federal=20 taxpayers, who funded the region's massive system of concrete and generator= s. ?????Most Northwestern political leaders are loath to miss a Treasury=20 payment--as many believe that would leave the agency ripe for plunder. ?????That is the region's greatest fear: that California's hefty=20 congressional delegation will make a grab for the agency's power. ?????The debate over who controls BPA--and who benefits from it--promises t= o=20 emerge as a key question before Congress as the West's energy woes continue= . ?????Several Northwestern legislators have proposed buying BPA back from th= e=20 federal government in an attempt to lock in benefits for regional ratepayer= s.=20 Congressional lawmakers last year countered with a proposal to force=20 Bonneville to sell low-cost power to private utilities in California. Some= =20 also proposed auctioning BPA power at market rates--ending the cost-based,= =20 regional-preference formula. ?????BPA contracts with about a dozen users--companies such as Alcoa, Kaise= r=20 and Reynolds--that have guaranteed the energy-intensive aluminum industry= =20 access to a fifth of Bonneville's power at rates lower than those paid by= =20 other customers have come under particular scrutiny. ?????The contracts are so lucrative that Kaiser is expected to earn up to= =20 $500 million this year by shutting down its factories and remarketing its B= PA=20 power allocation. ?????BPA cites the aluminum industry's value as a reliable, steady-load=20 buyer--as opposed to residential utilities, whose fluctuating loads are=20 harder to serve. ?????But Seattle energy analyst Kevin Bell calls the industry contracts "an= =20 incredibly bad deal." Unable to generate enough power to meet its=20 commitments, the BPA has been forced to buy power on the open market at 40= =20 cents a kilowatt-hour, supply it to firms such as Kaiser for 2 cents, and= =20 watch Kaiser sell it again for 40 cents. ?????It is, in fact, only the recently deregulated electricity market that= =20 has made BPA power an attractive deal. In the mid-1990s, clients were=20 flocking away from Bonneville to cheaper generators. Aluminum companies at= =20 the time agreed to prices that were higher than what was available elsewher= e,=20 gambling that the market price would go up. ?????"If we're going to talk about why Bonneville has preferential rates in= =20 the Northwest, shouldn't we also talk about why California has preferential= =20 rates for federal power in California?" said acting BPA administrator Steve= =20 Wright. "Federal policy is, in general, the indigenous electrical power=20 resources in a region are dedicated to the loads in that region. The power= =20 from Hoover Dam goes to the people in the Southwest. The Central Valley=20 Project goes to people in Northern California." ?????Bonneville for years has enjoyed a mutually beneficial power exchange= =20 with California. Although the agency often profits from surplus power sales= =20 to California, the majority of the power it has sent south over the years h= as=20 been either at low, long-term rates to such cities as Burbank, Glendale and= =20 Pasadena, or as part of an exchange program in which California returns twi= ce=20 as much as it borrows. ?????And while Bonneville ratepayers profited from the brief period of=20 sky-high wholesale power rates last summer, its sales represented less than= =20 1% of the California power market and probably had the effect of lowering,= =20 not raising, overall market rates, BPA officials said. ?????Indeed, Bonneville often sold power to California at less than its own= =20 cost-based rates during the first two years of deregulation after 1998. ?????And Northwestern legislators point out that the hydropower dams, for a= ll=20 their advantages, have come at considerable cost to the region: Two wild=20 rivers now are throttled. The price for trying to bring back endangered=20 salmon has reached nearly $4 billion so far, most of it borne by BPA=20 ratepayers. ?????The question of sharing the hydropower bonanza outside the Northwest= =20 never came up until the 1960s--with the construction of two major power=20 arteries linking Bonneville's transmission grid with California. The=20 846-mile-long link between Celio, Ore., and Sylmar is the world's biggest= =20 direct current power line. ?????Before agreeing to the transmission links, Northwestern politicians=20 insisted on a "regional preference" for BPA power, giving the Northwestern= =20 states first crack at power generated on the Columbia. ?????It is no different today. ?????"Unless we control the destiny of Bonneville, we're not going to contr= ol=20 the Northwest region," said Oregon state Senate President Gene Derfler, who= =20 has proposed a regional takeover of BPA. "California is definitely a threat= =20 at this point. They would take our power, all of it, and say, 'Thank you.'= =20 And what are we going to do about it? They have 52 congressmen; the Northwe= st=20 states have 15." ---------------------------------------------------------------------------= --- --------------------------------------------------------------- Davis Campaign Losing Steam=20 Energy crisis generates possible challengers for governor in 2002=20 Carla Marinucci, John Wildermuth Thursday, April 5, 2001=20 ,2001 San Francisco Chronicle=20 URL:=20 http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2001/04= /05/M N113404.DTL=20 Until this week, most Democrats simply scratched their heads over talk abou= t=20 who might be crazy enough to launch a primary challenge to Gov. Gray Davis = in=20 2002.=20 After all, the Democratic governor has amassed $26 million in campaign cash= ,=20 had 60 percent approval ratings and was being talked about as a guy on the= =20 2004 Democratic presidential list.=20 That was before the phrases "rolling blackout" and "Stage 3 alert" came int= o=20 the California lexicon.=20 Davis again found himself on the defensive last weekend over the energy=20 crisis -- but it was in front of a home crowd of Democrats gathered at the= =20 state party convention. Democratic Controller Kathleen Connell opened fire = on=20 the governor, urging him to get off the dime and stop blaming the GOP for t= he=20 power crunch.=20 Meanwhile, grumbling among the party faithful was rampant -- the result of= =20 his failure to cultivate relations with Democratic legislators and grassroo= ts=20 activists alike, some said.=20 So, in the semidarkened Anaheim arena where a Stage 2 alert was in effect,= =20 the Demo buzz turned to what might happen in the event the governor's polls= =20 tank, the lights continue to flicker -- and the pressure is on to throw him= =20 over the side and save themselves.=20 It's all just talk -- but here are some of the names being floated as=20 possible opponents:=20 -- State Treasurer Phil Angelides: Angelides, a strong supporter of state= =20 acquisition of power utilities, got national media attention last month whe= n=20 he announced his proposal to fix the energy crisis -- including the creatio= n=20 of a state public power authority to provide new generating plants. He talk= ed=20 tough, and won an enthusiastic response at the convention, when he warned:= =20 "Out-of-state generators: If you do not take your foot off our throats . . = .=20 you may leave us no option but to (take) your power plants."=20 A successful developer, Angelides is one of the few Democrats who may not b= e=20 intimidated by Davis' $26 million war chest. "If he's invested wisely in th= e=20 past few years, that'd be chump change," said one insider.=20 -- State Controller Kathleen Connell: Connell blasted Davis last weekend,= =20 telling The Chronicle that "the emperor has no clothes" on the energy crisi= s=20 and that voters will soon tire of him putting blame on former Gov. Pete=20 Wilson.=20 The governor's people say the talk was born of desperation: She faces term= =20 limits as controller and is lagging in the polls in her race for Los Angele= s=20 mayor.=20 -- State Sen. Don Perata: Yes, a real longshot, some delegates said, but th= e=20 politically hungry and talkative East Bay pol has been offering tough=20 assessments of Davis' performance on energy recently. He'd have a lot of wo= rk=20 in getting more name ID statewide, but Perata is a master at corralling fre= e=20 media. Lately, he's been on the tube, morning and night, far more than Davi= s,=20 with proposals on energy and education -- two of the governor's favorite=20 topics.=20 In addition to the governor's race, candidates are maneuvering for so- call= ed=20 "down ballot" stateside contests next year.=20 No widely known Democrat is expected to challenge Lt. Gov. Cruz Bustamante = or=20 Attorney General Bill Lockyer for their current spots.=20 But term limits will be putting plenty of politicians out of work, and the= =20 Democrats' sweep of statewide offices in 1998 has left few open spots for t= he=20 ambitious.=20 Some of the Democratic primary races shaping up:=20 -- Secretary of state: March Fong Eu, who held the job from 1974 to 1994,= =20 before term limits, has announced she's running again. John Garamendi, the= =20 state's first elected insurance commissioner and a former longtime=20 legislator, is in, as is Michela Alioto, who lost to incumbent Republican= =20 Bill Jones four years ago. San Francisco Assemblyman Kevin Shelley also is= =20 considering a run.=20 -- Insurance commissioner: Judge Harry Low has not yet decided whether he= =20 will try to keep the office he was appointed to last year after Republican= =20 Chuck Quackenbush resigned amid scandal. If he doesn't, word is that Sen.= =20 Jackie Speier, D-Hillsborough, may run.=20 -- State Board of Equalization: San Francisco Assemblywoman Carole Migden,= =20 another victim of term limits, is looking to replace Democrat Johan Klehs i= n=20 a district that would extend from the Oregon border to Santa Cruz.=20 "I've got $1 million in the bank, and I know the area," said Migden, who=20 expects little competition for the seat. "I'd also be the first woman to=20 serve on the board." Besides, she said, "It will be nice to get into my car= =20 and drive up to Humboldt County to talk to people. It will get me away from= =20 some of the head games in Sacramento."=20 E-mail the authors at cmarinucci@sfchronicle.com and=20 jwildermuth@sfchronicle.com.=20 ,2001 San Francisco Chronicle ? Page?A - 7=20 ---------------------------------------------------------------------------= --- --------------------------------------------------------------- Crisis Takes Toll On State Economy=20 DAVIS'S SPEECH: Possible tax on generators=20 Lynda Gledhill, Greg Lucas, Chronicle Sacramento Bureau Thursday, April 5, 2001=20 ,2001 San Francisco Chronicle=20 URL:=20 http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2001/04= /05/M N108119.DTL=20 Sacramento -- On the eve of a statewide television address by Gov. Gray=20 Davis, action by lawmakers stalled on nearly $1.4 billion in state programs= =20 to stimulate energy conservation.=20 Penalizing generators for huge profits they have raked in during California= 's=20 energy crisis is just one point Davis may bring up during tonight's speech.= =20 "I'm of an open mind about that subject," he said after a two-hour meeting= =20 with Assembly Republicans. "I generally don't think making a profit is wron= g,=20 but these profits have been excessive."=20 The governor also is expected to discuss recently approved rate increases,= =20 sweeping conservation efforts and new power plant construction when the=20 cameras come on at 6:05 p.m.=20 The unusual address -- the first by a California governor in nine years --= =20 comes amid growing criticism that Davis has not done enough to solve the=20 deepening crisis as well as his perceived refusal to keep Californians=20 informed.=20 "A lot of what he has been doing and what he's set in motion is not=20 particularly well known to the average person out there," said Garry South,= =20 Davis' chief political adviser. "It's hard in a state like California to=20 project specific bits of information outside the context of a paid media=20 campaign."=20 Others see the address as a strong indicator that Davis realizes he is losi= ng=20 favor with voters.=20 Earlier this year, Davis was widely seen as a leader in resolving the mess.= =20 DAVIS SLIPPING IN POLLS That has changed. Recent polls by Assembly Democrats and the Service=20 Employees International Union have shown Davis' popularity -- and that of= =20 other incumbent lawmakers -- dropping like a stone.=20 As the crisis deepens, there are mounting calls in Sacramento for the state= =20 to use the power of eminent domain to take over private power plants.=20 California's flawed 1996 deregulation plan required major utilities to sell= =20 many of their power plants to private companies. State Sens. Don Perata,=20 D-Oakland, and Jackie Speier, D-Hillsborough, are among those calling for t= he=20 state to start seizing them.=20 Such a drastic measure is little more than talk right now.=20 Drawing just as much attention is a bill by Assemblywoman Ellen Corbett, D-= =20 San Leandro, that would impose a windfall-profit tax on the generators.=20 GENERATORS' PROFITS UP Many generators have seen their bottom lines swell as wholesale electricity= =20 prices skyrocketed. Lawmakers have yet to define "windfall profits," but so= me=20 favor penalizing generators that sell electricity at rates higher than=20 regulators deem "fair and reasonable."=20 The tax would allow some of the profits to be returned to consumers or to t= he=20 state, which has spent around $4 billion buying electricity since Jan. 17.= =20 Although any windfall-profit tax has a long way to go before reaching Davis= '=20 desk, the governor said yesterday that it is an idea worth considering.=20 "I'm not saying I would sign it or not sign it," Davis said, "but having a= =20 bill working its way through the Legislature is not an entirely unpleasant= =20 effect."=20 Anything that might help consumers is sure to please Davis, who is taking= =20 heat because of a Public Utilities Commission decision allowing utilities t= o=20 raise rates by an average of 40 percent.=20 TIERED INCREASES The increase would be tiered, meaning those who consume the most would pay= =20 the most. Davis, who frequently said he did not want rates to go up, has=20 denied knowing about the PUC increase.=20 Davis told Assembly Republicans yesterday that he would mention the increas= e=20 during tonight's address. That prompted some lawmakers to speculate he may= =20 endorse a smaller increase and soften the blow by touting subsidies and=20 rebates for those who conserve electricity.=20 Conservation has long been the keystone of Davis' energy plan. The governor= =20 is pushing lawmakers to pass nearly $1.4 billion in energy conservation=20 programs so he can sign the bills before tonight's address. Such an effort = is=20 sure to go down to the wire, however, because the bills sputtered yesterday= .=20 The bills are a cornucopia of grants, rebates, low-interest loans and other= =20 expenditures intended to reward Californians who cut down on consumption.= =20 "This is aimed at giving Californians commonsense tools to begin energy=20 conservation as soon as possible," said Assemblywoman Christine Kehoe, D-Sa= n=20 Diego.=20 But the bills stalled yesterday amid partisan squabbling. The Senate held u= p=20 an Assembly bill that would spend $408 million on various conservation=20 efforts because it objected to changes the Assembly made to a Senate=20 proposal.=20 The $1.1 billion Senate bill would set aside $240 million in cash and=20 conservation assistance for the state's poorest ratepayers. The Assembly=20 passed the bill yesterday after adding several provisions benefiting the=20 agriculture industry. Senate Democrats complained the amendments penalized= =20 urban consumers.=20 Davis has become a tireless cheerleader for conservation, but he realizes i= t=20 won't be enough to end the crisis.=20 Yesterday, he indicated for the first time that he would support allowing= =20 private companies and other large users to cut the utilities out of the loo= p=20 entirely by contracting directly with generators for power.=20 Lawmakers in January passed legislation barring such contracts amid fears t= he=20 state would have no one to sell power to. But Davis said yesterday that suc= h=20 a move could preserve the state's creaking electrical grid during the dog= =20 days of summer.=20 E-mail Lynda Gledhill and Greg Lucas at lgledhill@sfchronicle.com and=20 glucas@sfchronicle.com.=20 ,2001 San Francisco Chronicle ? Page?A - 1=20 ---------------------------------------------------------------------------= --- --------------------------------------------------------------- San Jose Looks Past the Energy Crisis=20 Big server farm OKd in hope the electricity will be there=20 Maria Alicia Gaura, Chronicle Staff Writer Thursday, April 5, 2001=20 ,2001 San Francisco Chronicle=20 URL:=20 http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2001/04= /05/M N142441.DTL=20 Even as the blackouts roll and state budget reserves are drained to purchas= e=20 electricity, some Silicon Valley officials are confident that California's= =20 energy crisis will be relatively short lived.=20 That may explain why a proposal to build the world's largest server farm=20 sailed through San Jose's approval process this week, despite the fact that= =20 the project will consume as much electricity as all the homes in Bakersfiel= d.=20 "The state is predicting that there will be a whole bunch of new electrical= =20 power being generated in the next two or three years," said San Jose=20 Councilman Chuck Reed. "We could eventually be back in the position where= =20 (generators) are begging people to buy their power, like they did in the=20 1980s. "=20 The fact that San Jose-based U.S. DataPort wants to build here at all=20 indicates that even energy-dependent businesses are betting on a rapid=20 solution to California's energy crisis.=20 "I am confident about that, and I think the rest of my colleagues in the ar= ea=20 are as well," said Grant Sedgwick, president and CEO of San Jose based U. S= .=20 DataPort. "It won't happen overnight, but in practical terms, we are=20 embarking on a five- to six-year project right now. I think that halfway=20 through, this (energy crisis) will be a part of history."=20 The project approved by the San Jose City Council Tuesday night -- industry= =20 insiders prefer the term "Internet data center" to the less-dignified "serv= er=20 farm" -- will be the world's largest, able to handle as much as 15 percent = of=20 global Internet traffic.=20 The $1.2 billion project will comprise 10 huge air-conditioned warehouses o= n=20 174 acres, stacked with the computers that run the Internet. The facility i= s=20 expected to consume 180 megawatts of electricity when fully built out. Ther= e=20 are scores of smaller server farms in the Silicon Valley area, but none tha= t=20 comes close to the size, scope and energy draw of the U.S. DataPort facilit= y.=20 What is significant about all such data centers is that any interruption of= =20 power wreaks havoc on their equipment. In recognition of the current=20 precarious state of California's electricity grid, U.S. DataPort will build= a=20 small natural-gas fired power plant capable of producing 30 megawatts of=20 reliable power to supply phase one of its project. That supply will be back= ed=20 up more than 80 enormous diesel generators capable of switching on without= =20 missing a beat.=20 But in order to acquire city permits for additional buildings, the company= =20 will have to devise a plan for additional energy generation on-site, and co= me=20 up with a way to eliminate the backup generators that run on highly polluti= ng=20 diesel fuel.=20 The company will not necessarily be required to build the extra generating= =20 capacity, or to eliminate the generators. Everything depends on what happen= s=20 to California's economy and energy situation in coming years.=20 "We will be self-sufficient (in energy) for the first couple of years," sai= d=20 John Mogannam, senior vice-president of U.S. DataPort. "After that, we do= =20 believe that the energy problem will be behind us, and there will be=20 sufficient energy available on the grid.=20 "But the City Council has given us a very strong message that we need to se= ek=20 ways to (eventually) remove those diesel engines from the site. Building a= =20 full-sized power plant is one option that we will be looking into."=20 U.S. DataPort is now building a similar-sized data facility in Virginia tha= t=20 will be powered by a 250-megawatt gas-powered turbine, Mogannam said.=20 Something similar might work in San Jose, although any final decision on=20 whether to build will be years away.=20 Company officials will also study a variety of alternative energy sources,= =20 with the hope that improved technology may make such options viable in the= =20 coming years.=20 Opponents of the San Jose server farm charge that key portions of the proje= ct=20 are illegally vague. The Santa Clara Valley Chapter of the Audubon Society= =20 may consider a lawsuit challenging the council's approval of the project.= =20 "The biggest potential issue here is that the law doesn't allow you to brea= k=20 a project into little segments and sneak it into a community," said Craig= =20 Breon, executive director of the group. "If your true plans are to build a= =20 250-megawatt plant in the Alviso area, you have to inform the community. Yo= u=20 have to study it in the environmental documents."=20 Especially troubling is the suspicion that council members approved the=20 project with an eye on uncertain future scenarios, Breon said. "They are=20 talking about a single power plant, but in the meantime we are getting more= =20 diesel with this project than at any other single site in the Bay Area," he= =20 said. "Any way you look at it, it's a major air pollution source."=20 Mogannam acknowledged that plans for completing the project, including=20 construction of a power plant, were vague, but pointed out that the city ha= d=20 final say over any plans for the site.=20 E-mail Maria Gaura at mgaura@sfchronicle.com.=20 ,2001 San Francisco Chronicle ? Page?A - 15=20 ---------------------------------------------------------------------------= --- ---------------------------------------------------------------------- More Unpaid Power Plants Face Closing=20 Owners slam PUC silence about bills=20 David Lazarus, Chronicle Staff Writer Thursday, April 5, 2001=20 ,2001 San Francisco Chronicle=20 URL:=20 http://www.sfgate.com/cgi-bin/article.cgi?file=3D/chronicle/archive/2001/04= /05/B U224271.DTL=20 As state officials struggle to reduce California's mounting energy debts,= =20 smaller power companies warned yesterday that more plants will shut down --= =20 increasing the likelihood of blackouts -- until they get paid all the money= =20 they are owed.=20 The California Cogeneration Council, an association of small, gas-fired pla= nt=20 owners, appealed to the Federal Energy Regulatory Commission for help in=20 recouping sky-high operating costs from utilities.=20 The council's move followed a lawsuit filed Tuesday against PG&E Corp. by o= ne=20 plant operator, Dynamis Inc. The company charges that it was forced to shut= =20 down because PG&E has yet to pay for more than $3 million worth of power.= =20 "You're going to see more lawsuits and more plants closing," council=20 Executive Director Ann MacLeod said in San Francisco. "The blackout situati= on=20 is just going to get worse."=20 Smaller generators -- known in industry parlance as "qualifying facilities"= =20 or "QFs" -- are owed hundreds of millions of dollars by PG&E and Southern= =20 California Edison for electricity received since last fall.=20 Half of the roughly 600 QF plants were shut down last month, contributing t= o=20 rolling blackouts throughout the state. The plant owners said they were=20 unable to pay for the natural gas needed to keep their facilities running.= =20 In response, the California Public Utilities Commission voted last week to= =20 require utilities to pay the QFs for all future power purchases. However, t= he=20 PUC avoided the thornier question of money already owed to the generators.= =20 It also changed the way smaller generators calculate their costs, lowering= =20 the amount that can be charged for natural-gas expenses.=20 Moreover, the PUC has yet to determine how the limited funds collected from= =20 ratepayers will be divided among the various parties now in line with their= =20 hands out -- QFs, utilities and the state itself, which has spent more than= =20 $4 billion purchasing juice on behalf of PG&E and Edison.=20 A final decision still may be weeks away. Nevertheless, PUC members trumpet= ed=20 last week's order as a solution to all the QFs' troubles.=20 "At a time when every megawatt is needed, we cannot afford for any producti= on=20 to be lost due to lack of payment," Commissioner Carl Wood said.=20 "This allows us to get supply back online," PUC President Loretta Lynch=20 agreed. "It will get the lights back on in California."=20 Or will it?=20 "The PUC is dead wrong," MacLeod said. "It doesn't add up. There's still th= e=20 gaping hole of the bills that are past due."=20 For example, Berry Petroleum Co. near Bakersfield operates three small plan= ts=20 that provide 100 megawatts to California's electricity system -- enough pow= er=20 to light 100,000 homes. The company estimates it is owed $27 million by PG&= E=20 and Edison.=20 Jerry Hoffman, Berry's chief executive officer, said he has had to shut dow= n=20 four of five generating turbines at his plants, and expects the fifth turbi= ne=20 to be idled by the end of this week.=20 "We just can't cover our costs," he said. "And we're not alone. There are a= =20 lot of other QFs shutting down."=20 Hoffman said he was bewildered by assertions from Gov. Gray Davis' office= =20 that the state is entitled to recoup its energy expenses before anyone else= .=20 "I don't understand how the state can just step to the front of the line wh= en=20 all this money is owed to us," he said. "We ought to be paid first because = we=20 were generating power first."=20 In the case of Dynamis, the company shut down its 42-megawatt plant in=20 February after PG&E paid only 15 cents on the dollar for more than $3 milli= on=20 in outstanding bills.=20 "Dynamis simply does not have the financial resources to continue extending= =20 credit to PG&E, particularly given PG&E's refusal to make any past due=20 payments and with no assurance of payment for any future deliveries," said= =20 Michel Gaucher, the company's owner.=20 Dynamis is suing for its back payments as well as suspension of its long-= =20 term contract with the utility.=20 An average 40 percent rate increase approved by the PUC last week will resu= lt=20 in an additional $4.8 billion being collected from consumers each year.=20 But not one cent will go toward paying off about $14 billion in debt racked= =20 up by PG&E and Edison because of soaring wholesale electricity prices.=20 That debt has prevented the utilities from making good on their obligations= =20 to QFs, and it may be months before PG&E and Edison are once again on firme= r=20 financial footing.=20 Until then, many of the generating firms say they will be closing their=20 doors, which will only exacerbate California's approaching summer of energy= =20 discontent.=20 "The PUC's decision not to pay back payments was like a 2 by 4 over the=20 head," MacLeod said. "It told the plant owners that things are just going t= o=20 get worse."=20 E-mail David Lazarus at dlazarus@sfchronicle.com.=20 ,2001 San Francisco Chronicle ? Page?D - 1=20 ---------------------------------------------------------------------------= --- --------------------------------------------------------------- California governor plans to address state on energy=20 JENNIFER COLEMAN, Associated Press Writer Thursday, April 5, 2001=20 ,2001 Associated Press=20 URL:=20 http://www.sfgate.com/cgi-bin/article.cgi?file=3D/news/archive/2001/04/05/n= ation al0614EDT0503.DTL=20 (04-05) 03:14 PDT SACRAMENTO, Calif. (AP) -- While Gov. Gray Davis prepared= =20 to speak to the state Thursday night about California's energy crisis,=20 economic forecasters predicted the power crunch would lead to higher taxes= =20 and scrapped public projects.=20 Davis said Wednesday he hadn't written his five-minute address, but that he= =20 planned to discuss ``the progress that we've made and what we have to get= =20 through.''=20 Among other things, he was expected to talk about the more than 40 percent= =20 rate increases approved last week by the Public Utilities Commission for=20 customers of the state's two largest utilities, Pacific Gas and Electric Co= .=20 and Southern California Edison Co. He has asked California television=20 stations to carry his remarks live.=20 California has been hit with rolling blackouts and tight power supplies=20 blamed in part on soaring wholesale electricity costs.=20 On Wednesday, the state got more bad economic news: The UCLA Anderson=20 Business Forecast said Californians would face higher taxes and a tighter= =20 state budget because of the billions of state dollars being spent on=20 emergency power. The blackouts and the state's scrutiny of private power=20 suppliers also threaten to scare away new businesses, the report said.=20 Facing continued refusal from federal energy regulators to cap high energy= =20 prices, Davis said Wednesday he would be willing to support a=20 windfall-profits tax on electric generators that have made a fortune sellin= g=20 power to California this year.=20 A bill to that effect was introduced Wednesday in the state Assembly. It=20 would tax gross receipts that ``significantly exceed'' the cost of producin= g=20 power and tax profits of power marketers who have bought power and later so= ld=20 it at much higher rates.=20 ``We continue to allow some electricity generators and middlemen to reap=20 enormous profits on their sales of electricity into the state. This=20 profiteering must stop,'' Democratic Assemblywoman Ellen Corbett said.=20 Duke Energy spokesman Tom Williams said he doubted a tax on a selected=20 industry would be legal. He added that such a tax would discourage generato= rs=20 from building new power plants in California.=20 ``The governor has made very clear that he is trying to do whatever he can = to=20 increase the amount of generation in California and reduce the price.=20 Windfall-profits taxes do neither of these,'' Williams said.=20 Davis said he generally opposes treating profitable companies in that manne= r,=20 ``but these profits are outrageous and are at our expense. The only things= =20 companies understand is leverage.''=20 For the first time, Davis also said the state should let companies buy thei= r=20 power from generators instead of going through the utilities.=20 The Utility Reform Network and the head of the PUC oppose the idea. They=20 argue residential customers and small businesses unable to contract with=20 generators would get stuck with the bill for the billions of dollars the=20 state has and will spend buying electricity for the customers of the=20 cash-strapped utilities.=20 ---------------------------------------------------------------------------= --- ---------------- Critics question effectiveness of energy rebates=20 DON THOMPSON, Associated Press Writer Thursday, April 5, 2001=20 ,2001 Associated Press=20 URL:=20 http://www.sfgate.com/cgi-bin/article.cgi?file=3D/news/archive/2001/04/05/s= tate0 301EDT0100.DTL=20 (04-05) 00:01 PDT SACRAMENTO (AP) -- Lawmakers Wednesday debated spending= =20 $1.1 billion on conservation programs for energy-strapped California, even = as=20 some critics questioned the effectiveness of rebates and other incentives i= n=20 cutting power use.=20 State officials are counting on consumer conservation to help get Californi= a=20 through high summer power demand as the state faces a tight power supply an= d=20 high wholesale energy prices.=20 The Assembly on Wednesday approved a $710 million conservation package=20 designed to complement a $408 million conservation measure awaiting Senate= =20 action. Each bill must return to the other house before going to the=20 governor.=20 Gov. Gray Davis four weeks ago asked lawmakers to approve $404 million in n= ew=20 conservation spending to augment $424 million in existing programs. He said= =20 the conservation efforts together could cut 3,700 megawatts from this=20 summer's power use. That's enough power for more than 2.7 million household= s.=20 The measures include rebates for fluorescent lightbulbs and energy-efficien= t=20 home appliances.=20 Such programs appear popular with consumers; Southern California Edison=20 recently started publicizing its rebates with bill inserts and door hangers= ,=20 and in two weeks has received 3,500 responses from interested consumers.=20 San Diego Gas & Electric distributed what was supposed to be a three-month= =20 supply of energy-efficient lightbulbs in two months, and likely will soon= =20 exhaust $19.4 million in residential conservation incentives that was=20 supposed to last all year.=20 Yet critics question whether rebate programs produce the energy savings the= y=20 promise.=20 ``Most of these programs end up being a wash,'' said Jerry Taylor, director= =20 of Natural Resource Studies at the conservative Cato Institute in Washingto= n,=20 D.C.=20 Many residents who claim the rebates would have purchased the=20 energy-efficient products anyway, and the incentives aren't likely to=20 convince those uninterested in conservation to buy expensive energy-efficie= nt=20 products, Taylor said.=20 Some programs also can have unintended consequences, he said.=20 Installing energy-saving air conditioners, for instance, can result in a=20 ``rebound effect'': People rationalize that they can afford to use their=20 air-conditioning more, Taylor said.=20 And people who buy new refrigerators often simply move their old ones to th= e=20 basement or garage as a spare, he said.=20 Legislators and utilities are trying to avoid some of the pitfalls, mainly = by=20 offering bonuses to people who turn in their old appliances.=20 Edison, for example, says it takes into account those who would have=20 purchased energy-efficient appliances without the rebates.=20 Even discounting those ``free riders,'' residential rebates are expected to= =20 cut more than 100 million kilowatt hours this year, said Lynda Ziegler,=20 Edison's director of business and regulatory planning.=20 That's enough to power 16,700 homes for a year.=20 Utility-offered rebates vary by company.=20 Pacific Gas and Electric Co. offers $75, Edison $100, and SDG&E $100 to $15= 0,=20 depending on the model, for Energy Star-rated refrigerators that generally= =20 sell for more than $1,000.=20 Some groups contend legislators and utilities haven't been aggressive enoug= h=20 in promoting conservation.=20 Five conservation groups joined forces Wednesday to accuse lawmakers of=20 taking too long to act.=20 One of them, the California Public Interest Research Group, released a repo= rt=20 touting conservation and renewable energy programs as the key to resolving= =20 electricity problems across the West.=20 The San Diego-based Utility Consumers Action Network questions whether=20 utilities have done their best to publicize incentives that in fact take=20 money out of their corporate pockets.=20 In a sharply worded letter to PG&E President and CEO Gordon Smith last week= ,=20 the state's top utility regulator, California Public Utilities Commission= =20 President Loretta Lynch, said the utility isn't moving quickly enough to=20 publicize conservation programs.=20 Smith replied that the programs PG&E instituted late last month ``are ahead= =20 of schedule and exceeding expectations.''=20 Utilities have made rebates easier to obtain, said Edison's Ziegler and UCA= N=20 energy analyst Jodi Beebe.=20 ``Up until recently it was incredibly difficult for your average Joe to get= =20 their hands on these rebates,'' Beebe said.=20 Beebe said the information still doesn't reach many consumers at the point = of=20 sale.=20 Most grocery stores don't carry energy-efficient light bulbs, for instance;= =20 consumers have to make a special trip to a home improvement store. Retailer= s=20 often fail to do enough to publicize rebates on specific appliances, Beebe= =20 said.=20 ``It may have some sort of energy-efficient label on it, but people see the= =20 price tag and walk away,'' she said.=20 That was the case Wednesday at Filco Discount Centers in Sacramento, where= =20 several customers made energy efficiency a top priority -- but steered away= =20 from the top-dollar appliances that carry the Energy Star label and typical= ly=20 qualify for utility rebates.=20 Ernest and Monica Marks of Sacramento said they have cut power use in half = to=20 counter soaring electric rates.=20 But they turned away from an Energy Star refrigerator after one look at the= =20 $1,399 price tag.=20 They and other Filco customers were unaware of rebates, and a trio of=20 salesmen there said that is typical.=20 ``People are going to buy energy-efficient appliances whether there are=20 rebates or not,'' said salesman Mark Brandes. ``The rebates are nice, but I= =20 can't say that it spurs any sales.''=20 Consumers who can afford the more expensive models are lured by energy-use= =20 savings that manufacturers say can top $100 a year on clothes washers and= =20 dishwashers, Brandes said.=20 UCAN's Beebe and lawmakers including Senate leader John Burton, D-San=20 Francisco, worry that means the rebates won't go to the residents who need= =20 them most: those with lower incomes who often buy old used appliances.=20 ---------------------------------------------------------------------------= --- ---------------- Developments in California's energy crisis=20 The Associated Press Thursday, April 5, 2001=20 ,2001 Associated Press=20 URL:=20 http://www.sfgate.com/cgi-bin/article.cgi?file=3D/news/archive/2001/04/05/s= tate0 939EDT0163.DTL=20 , , -- (04-05) 06:39 PDT Here is a look at developments in California's=20 energy crisis:<=20 THURSDAY:< ?-- Gov. Gray Davis addresses the state on energy, planning a 6:= 05 p.m. ?five-minute broadcast from his office. ?-- No power alerts were ca= lled during the morning as energy reserves stayed ?above 7 percent. ?WEDNES= DAY:<=20 -- Economic forecasters say Californians will pay higher taxes, out-of-stat= e=20 investments could dry up, and public projects will be scrapped because of t= he=20 state's power crisis. The UCLA Anderson Forecast says the worst economic=20 threat could come from state government itself and its scrutiny of private= =20 power suppliers, which along with blackouts and brownouts, could scare new= =20 businesses away.=20 -- The state is free of power alerts as reserves stay above 7 percent.=20 -- The Legislature sends Davis a bill extending a rate cap for San Diego Ga= s=20 & Electric's residential and small-business customers to medium and large= =20 businesses.=20 -- The Senate Appropriations Committee sends the Senate a $408 million ener= gy=20 conservation measure that would provide grants and loans to improve energy= =20 efficiency at homes, businesses and government agencies. The state Energy= =20 Commission estimates the bill could save 1,700 megawatts this summer, enoug= h=20 power for nearly 1.3 million homes.=20 -- An Assembly committee rejects a bill by Assemblyman Dean Florez,=20 D-Shafter, that he calls an alternative to Gov. Gray Davis' plan to buy the= =20 transmission lines of financially strapped Southern California Edison,=20 Pacific Gas and Electric Co. and San Diego Gas & Electric Co.=20 Florez' bill would create special districts of each utilities' properties,= =20 including their land, transmission lines, power plants and even their=20 corporate offices. Each district would issue bonds against the property, an= d=20 the state would assess a tax on that property to repay the bonds. If a=20 utility defaulted on the taxes, the state would be first in line to take th= e=20 property after paying the balance of the bonds.=20 -- Congressional Democrats including Reps. Mike Honda and Anna Eshoo of=20 California announce legislation that would impose power rates based on the= =20 cost of service and let Western states recover overcharges by power=20 suppliers. Honda accuses the Federal Energy Regulatory Commission of failin= g=20 to protect California utility customers by taking such steps on its own.=20 <=20 WHAT'S NEXT:< ?-- The Davis administration continues negotiations with Edis= on, PG&E and San ?Diego Gas & Electric Co. over state acquisition of their = transmission lines. ?-- FERC holds a conference Tuesday in Boise, Idaho, on= Western energy issues. ?-- Edison and PG&E are expected to file their 2000= earnings reports April 17. ?-- The Assembly plans to resume hearings in it= s inquiry into California's ?highest-in-the-nation natural gas prices April= 18. ?< ?THE PROBLEM:<=20 High demand, high wholesale energy costs, transmission glitches and a tight= =20 supply worsened by scarce hydroelectric power in the Northwest and=20 maintenance at aging California power plants are all factors in California'= s=20 electricity crisis.=20 Edison and PG&E say they've lost nearly $14 billion since June to high=20 wholesale prices that the state's electricity deregulation law bars them fr= om=20 passing onto ratepayers, and are close to bankruptcy.=20 Electricity and natural gas suppliers, scared off by the two companies' poo= r=20 credit ratings, are refusing to sell to them, leading the state in January = to=20 start buying power for the utilities' nearly 9 million residential and=20 business customers.=20 ,2001 Associated Press ?=20 ---------------------------------------------------------------------------= --- --------------------------------------------------------------- Sharp dispute on economic impact in California=20 Posted at 11:11 p.m. PDT Wednesday, April 4, 2001=20 BY JENNIFER BJORHUS=20 Mercury News=20 In the midst of California's energy angst comes a report from the state's= =20 pre-eminent economic forecasters that may surprise many.=20 The UCLA Business Forecast, issued Wednesday, concludes that the billions t= he=20 state could spend on power will do little more than dent the state's $1.25= =20 trillion economy. Calling the state's rolling blackouts a ``nuisance,''=20 economist Christopher Thornberg concludes that ``an hour without power can = be=20 viewed as an extended coffee break for most businesses.''=20 That cheerful prediction drew sharp criticism from other economists and the= =20 business community, but none took issue with a more ominous point highlight= ed=20 by the report: There is a dearth of information about just what economic to= ll=20 the energy crisis will take on the world's seventh largest economy.=20 What is the bill for a 36 percent increase in electricity rates, soaring=20 natural gas bills, the lost output of companies shut down by outages and=20 costly state electricity purchases?=20 State financial analysts do not know.=20 And neither does anyone else, it seems, although estimates range as high as= =20 $100 billion.=20 Although he expressed doubt about being able to determine the financial hit= ,=20 Thornberg said, ``I have a feeling that eventually I'm going to have to sit= =20 down and try.''=20 In his report, Thornberg estimated the state would spend $30 billion on=20 electricity. But he did not calculate the total financial impact of high ga= s=20 bills or the impact the crisis will have on such things as disposable incom= e,=20 productivity, inflation and job growth.=20 Still, Thornberg said, he thinks the crisis will drive up business costs he= re=20 just 1 or 2 percent.=20 ``I don't think it's that big a deal,'' he said.=20 Tell that to dairy processors who have thrown out spoiled milk, or plastics= =20 manufacturer Paul Strong, who reports his Simi Valley company lost $250,000= =20 last year when it was forced to shut down while molten plastic hardened in= =20 the molds.=20 ``Overly cavalier,'' said Allan Zaremberg, president of the California=20 Chamber of Commerce, explaining that rolling blackouts are a serious proble= m=20 for his members.=20 ``Ridiculous,'' snorted Michael Boccadoro, executive director of the=20 Agricultural Energy Consumers Association.=20 As part of its state budget-making, California's Department of Finance has= =20 started revising its economic forecast for California to account for power= =20 problems. The analysts will issue the revision around May 15, said the=20 state's chief economist Ted Gibson.=20 The Bay Area Economic Forum, too, is working with McKinsey & Company to stu= dy=20 the economic effects on the region. The group expects to finish its analysi= s=20 in about two weeks.=20 For now, lawmakers and others trying to craft solutions are dealing with=20 dribs and drabs of numbers. Gov. Gray Davis has refused to release details = of=20 the state's power purchases, prompting several news organizations to sue an= d=20 other Sacramento politicians to question his decision.=20 While California operates in the dark, Washington state has already done an= =20 analysis.=20 State fiscal analysts in Washington did a small study of the energy check= =20 being handed to the state. They concluded that rising electricity and natur= al=20 gas prices will erode disposable income by $1.7 billion a year and slow job= =20 growth by half a percent, costing 43,000 jobs that otherwise would have bee= n=20 added over three years. Energy problems could also tip the state into=20 recession, the study warns.=20 ``It's a worst-case scenario that presumes nothing is done,'' said Ed=20 Penhale, spokesman for the Washington Office of Financial Management. ``It'= s=20 pretty basic modeling.''=20 Various California politicians have taken a shot at estimates.=20 State Controller Kathleen Connell has said the state will spend $26.8 billi= on=20 buying energy over the next 18 months, rate increases will cost ratepayers = $7=20 billion and bond financing will cost $12.4 billion. That alone totals about= =20 $46 billion, not including $9 billion to buy the utilities' power grids.=20 Steve Cochrane, senior economist at Economy.com near Philadelphia, Pa.,=20 warned that the increase in retail electricity prices will cut disposable= =20 income, slow the California economy and push an already high inflation rate= =20 higher.=20 Unless businesses save on power costs through more conservation, the increa= se=20 in electricity costs alone will push up the price of goods and services=20 produced in California about 6 percent. Already, he pointed out, the area's= =20 6.5 percent inflation is double the nation's.=20 Cochrane's team is trying to build a model to measure the impact, he said,= =20 adding that he is ``much more alarmed'' than Thornberg.=20 ``The whole country is watching this,'' Cochrane said.=20 He said slowing job growth, slowing retail sales, lost productivity and=20 reduced disposable income, together with energy purchases could total $100= =20 billion.=20 More worrisome, Cochrane said, are the long-term effects on the California= =20 economy over the next 10 years. Higher energy costs will make businesses=20 think hard about expanding in the state, he said. And wiping out the genera= l=20 fund surplus means the state will not have the cash to spend on things like= =20 new schools and public works projects, undertakings that produce jobs.=20 Jack Kyser, chief economist for the Los Angeles County Economic Development= =20 Corporation, agrees. Kyser estimated that rolling blackouts during just two= =20 weeks in January alone cost businesses in his area around $500 million.=20 ``Maybe it's because I'm too close to it. I think that this has the potenti= al=20 to seriously affect the state,'' said Vince Signorotti, spokesman for=20 CalEnergy, a geothermal generator in southern California that is suing=20 Southern California Edison for money it has not been paid for power. ``To= =20 ignore the colossal impact that this could have, it's sort of myopic.''=20 Contact Jennifer Bjorhus at jbjorhus@sjmercury.com or (408) 920-5660. ---------------------------------------------------------------------------= --- ---------------------------------------------------------------------------= --- ------------ Gov. Davis prepares to address state on energy=20 Posted at 6:40 a.m. PDT Thursday, April 5, 2001=20 BY JENNIFER COLEMAN=20 Associated Press Writer=20 SACRAMENTO (AP) -- While California Gov. Gray Davis prepared to address the= =20 state Thursday night on energy, economic forecasters predicted his=20 constitutents will pay higher taxes, watch out-of-state investments evapora= te=20 and suffer scrapped public projects because of the ongoing power crisis.=20 The UCLA Anderson Forecast says the worst economic threat could come from= =20 state government itself and its scrutiny of private power suppliers, which= =20 along with blackouts and brownouts, could scare new businesses away.=20 Davis addressed some commercial concerns Wednesday by breaking with his=20 appointees on the Public Utilities Commission by saying private companies a= nd=20 other large power users should be allowed to contract directly for power wi= th=20 generators.=20 Critics of allowing direct access include PUC President Loretta Lynch and T= he=20 Utility Reform Network, who say residential customers and small businesses= =20 unable to garner such contracts will get stuck with the bill for the billio= ns=20 of dollars the state has and will spend buying electricity for the customer= s=20 of three cash-strapped utilities.=20 Word came from California's treasurer Wednesday that the state had secured= =20 $4.1 billion in loans to help pay back the state's power buys.=20 Facing continued refusal from federal energy regulators to cap high energy= =20 prices, Davis reassessed the tools at his disposal Wednesday, saying he is= =20 open to supporting a windfall-profits tax being proposed by lawmakers on=20 electric generators that have made a fortune selling power to California th= is=20 year.=20 Assemblywoman Ellen Corbett, D-San Leandro, introduced a windfall-profits t= ax=20 bill Wednesday that would tax gross receipts that ``significantly exceed''= =20 the cost of producing power.=20 It would also tax profits of power marketers who have bought power and late= r=20 sold it at much higher rates. The rate of the tax was not specified in the= =20 bill, and Corbett said she expects the details to be worked out later.=20 ``We continue to allow some electricity generators and middlemen to reap=20 enormous profits on their sales of electricity into the state. This=20 profiteering must stop,'' said Corbett.=20 Senators on the Revenue and Tax Committee have also inserted similar langua= ge=20 into a pending bill.=20 Tom Williams, spokesman for Duke Energy, said he doubted a tax on a selecte= d=20 industry would be legal. The tax would discourage generators from building= =20 new power plants in California, he said.=20 ``The governor has made very clear that he is trying to do whatever he can = to=20 increase the amount of generation in California and reduce the price.=20 Windfall profits taxes do neither of these,'' said Williams.=20 ``Clearly it would have an adverse affect on our decisions on new investmen= t=20 or following through on our planned investments,'' he said.=20 Davis said Wednesday he generally opposes treating profitable companies in= =20 that manner, ``but these profits are outrageous and are at our expense. The= =20 only things companies understand is leverage. I'm not saying I'll sign it a= nd=20 I'm not saying I won't sign it.''=20 For the first time, Davis also said the state should let companies buy thei= r=20 power from generators instead of going through the utilities.=20 A January law that allowed the state to begin buying power for two nearly= =20 bankrupt utilities barred such side contracts.=20 ``That was done originally with the thought the state would have more power= =20 and no one to sell it to if companies got off the grid,'' Davis said. ``But= =20 our problem is the opposite this summer. If companies want to get off the= =20 grid, we should encourage, not discourage that.''=20 The Democratic governor's comments came after he met behind closed doors fo= r=20 more than two hours with Assembly Republicans, who have sharply criticized= =20 his handling of the energy crisis.=20 ``I think everyone agreed there are no political winners unless we resolve= =20 this challenge,'' Davis said. ``There were a lot of suggestions in there I'= m=20 willing to adopt.''=20 For instance, he agreed that San Diego Gas and Electric customers should ha= ve=20 a different benchmark for receiving 20 percent rebates under his program fo= r=20 consumers who cut their energy use by 20 percent this summer.=20 Unlike other Californians, San Diego residents faced soaring rates last=20 summer and began conserving then, so Davis said they should have to cut 20= =20 percent from 1999 energy use levels instead of using last summer as a=20 starting point.=20 Davis said he hasn't written the remarks he will make during a five-minute= =20 address at 6:05 p.m. Thursday that he has asked California television=20 stations to carry live.=20 However, he said he will ``share with them (viewers) the progress that we'v= e=20 made and what we have to get through.''=20 He is expected to talk about the more than 40 percent rate increases approv= ed=20 last week by the PUC for customers of Pacific Gas and Electric Co. and=20 Southern California Edison Co. ---------------------------------------------------------------------------= --- ---------------------------------------------------------------------------= --- -------------------- Too much hot air about too little power=20 Thursday, April 5, 2001=20 To deal more directly with the energy crisis, Assembly Republicans last wee= k=20 replaced Assemblyman Bill Campbell of Orange as their leader with Assemblym= an=20 David Cox of Sacramento. Mr. Cox has some good ideas, but we would urge him= =20 not to use the energy crisis, tempting as it may be, for pure political gai= n.=20 His mission should be to fix the mess as much as possible before the summer= =20 crunch is upon us.=20 Mr. Cox is a former Sacramento County Supervisor and served on the Sacramen= to=20 Municipal Utility District Board of Directors, giving him some experience i= n=20 the electricity field. In an interview, he outlined the party's main goals,= =20 which we found encouraging:=20 l "We will continue to introduce plans and bills that expedite new supply,"= =20 he said. He criticized Democratic solutions, including Gov. Gray Davis'=20 proposal to buy the power grid and Assembly Bill 1X, which gave the=20 government the authority to use bonds to buy power. Neither creates any new= =20 energy, Mr. Cox said. "There is one solution, putting more electrons into t= he=20 system," he insisted. He said some Democrats also understand that fact. l "Get the QFs back on line in a contractual situation," he said. The=20 qualifying facilities are small producers, usually of alternative sources= =20 such as wind and geothermal power. "They have to see some prospect of getti= ng=20 the money that's owed to them" by the utilities, which have withheld paymen= ts=20 because of their strapped financial situation. The QFs limited their=20 production during last month's blackouts. The QFs supply one-third of the= =20 state's power and are crucial to limiting blackouts this summer. l Conservation. And, he said the GOP opposes rate increases. He believes natural gas prices= =20 will decline as the weather moderates in Western states and demand slackens= . He said, of course, that the attempted 1996 "deregulation" was flawed. But = he=20 believes real deregulation can work, as it has in other states "if you have= =20 12 percent to 15 percent more supply than demand. You then have competition= =20 and competition brings down rates." By contrast, California has to import= =20 about 20 percent of its power. Republicans are a minority in both houses of the Legislature. But they=20 obviously hope to score political gains against the reigning Democrats, who= =20 so far have not been able to shape and communicate an approach to weatherin= g=20 and recovering from the crisis. Mr. Cox's ideas generally are good -=20 obviously increasing supply is key - but the Republican opposition to retai= l=20 rate increases seems as na