Message-ID: <21185704.1075848197769.JavaMail.evans@thyme> Date: Mon, 4 Jun 2001 01:27:00 -0700 (PDT) From: ann.schmidt@enron.com Subject: Enron Mentions - 06/02/01 - 06/03/01 Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit X-From: Ann M Schmidt X-To: X-cc: X-bcc: X-Folder: \Steven_Kean_June2001_4\Notes Folders\Enron mentions X-Origin: KEAN-S X-FileName: skean.nsf Bush Advisers On Energy Report Ties To Industry The New York Times, 06/03/01 Watt Price Ideology? The New York Times, 06/03/01 The Nation THE ENERGY CRISIS Watchdogs Take a Hit in State's Power Ills Energy: Ex-federal officials say oversight of California's deregulation suffered due to a push for free-market competition. Los Angeles Times, 06/03/01 Saudi Arabia Sets Pacts With 9 Oil Firms Dow Jones Business News, 06/03/01 INDIA: INTERVIEW-India to respect international contracts - Prabhu. Reuters English News Service, 06/03/01 Saudi Arabia signs landmark agreement with major oil companies Associated Press Newswires, 06/03/01 India struggles to keep foreign investors Agence France-Presse, 06/03/01 `Expert knowledge' and Dabhol Business Standard, 06/03/01 California energy czar vows to get L.A.'s excess power Associated Press Newswires, 06/02/01 SAUDI ARABIA: U.S. Marathon to replace Enron in Saudi gas deal. Reuters English News Service, 06/02/01 Enron chief worried power plant may be in jeopardy National Post, 06/02/01 Enron: prime time soap opera Business Standard, 06/02/01 White House staff's investments detailed / Holdings include energy stocks, Enron Houston Chronicle, 06/02/01 Enron backs out of Saudi Arabian natural gas plan Houston Chronicle, 06/02/01 IRRIGATION SYSTEM HAD ELECTRICAL FIRE Portland Oregonian, 06/02/01 THE NATION Bush Staff Well Invested in Energy Politics: Financial records of White House officials show past ties to industry. Several have since divested. Los Angeles Times, 06/02/01 Davis' energy boss took thousands from power titans in run for office The San Francisco Chronicle, 06/02/01 Bush Aides Disclose Finances; Several Tied to Enron; Speaking Fees Boost Matalin Income The Washington Post, 06/02/01 National Desk; Section 1 Bush Advisers On Energy Report Ties To Industry By JOSEPH KAHN 06/03/2001 The New York Times Page 30, Column 4 c. 2001 New York Times Company WASHINGTON, June 2 -- At least three top White House advisers involved in drafting President Bush's energy strategy held stock in the Enron Corporation or earned fees from the large Texas-based energy trading company, which lobbied aggressively to shape the administration's approach to energy issues. Karl Rove, Mr. Bush's chief political strategist; Lawrence B. Lindsey, the top economic coordinator; and I. Lewis Libby, Vice President Dick Cheney's chief of staff, all said in financial disclosure statement released on Friday that they already had or intended to divest themselves of holdings in Enron, the nation's leading trader and marketer of electricity and natural gas, as well as holdings in other energy companies. Mr. Lindsey received $50,000 last year from Enron for consulting. Mr. Rove's statement said he intended to sell stock holdings in Enron valued at $100,000 to $250,000, though the statement does not make clear if he has completed the sale. Mr. Libby sold his stake in the company. The financial disclosures for senior White House aides show that many of Mr. Bush's top advisers are millionaires. Among the wealthiest are Mr. Rove, Mr. Lindsey, Mr. Libby and Andrew H. Card Jr., the chief of staff, who earned $479,138.77 as chief lobbyist for General Motors and reported assets of $810,000 to $2.1 million. Mary Matalin, Mr. Cheney's senior counselor and a former political commentator, reported income of more than $1.5 million last year from speaking fees and television appearances. Her husband, James Carville, a Democratic commentator and political adviser, made $2.1 million last year on the speaking circuit, Ms. Matalin's financial disclosure shows. Enron was one of the largest contributors to Mr. Bush's presidential campaign. Kenneth L. Lay, the chairman, has close ties to Mr. Bush, as he did to Mr. Bush's father, and he has had considerable access to the Bush White House. The administration's energy strategy issued last month recommended opening protected lands to oil and gas drillers, building hundreds of power plants and easing some environmental controls, measures strongly favored by the industry. It suggested that the federal government exercise more power over electricity transmission networks, a longtime Enron goal. Mr. Lay and other Enron officials interviewed several candidates to fill vacancies on the Federal Energy Regulatory Commission, which regulates Enron 's main markets. Mr. Bush selected two people for the panel who were favored by Enron and some other energy companies. White House officials have said that Enron's views were not crucial to their selections. ''The energy task force had a singular goal to present a plan that best addressed America's energy needs,'' a White House spokeswoman said. ''Any decisions made as part of that process were made with that one goal in mind.'' The spokeswoman said the White House counsel's office had worked with all officials to ensure they met the highest ethical standards. Administration links to energy companies are wide ranging. Condoleezza Rice, the national security adviser, had stock holdings of $250,000 to $500,000 in the Chevron Corporation and earned $60,000 as a director of the company in the last year. She resigned her position and sold her shares. Clay Johnson, director of presidential personnel, reported holding a stake in El Paso Energy Partners valued at $100,000 to $250,000. El Paso is a Houston oil and natural gas company. As part of his White House duties, Mr. Johnson has been involved in selecting people to fill vacancies at the energy regulatory commission, which oversees the natural gas market. There was no indication in his disclosure statement that Mr. Johnson intended to sell his stake in El Paso. The stakes in Enron held by Mr. Rove and Mr. Libby were part of diversified stock portfolios. Mr. Rove also reported investments in BP Amoco and Royal Dutch Shell, as well as several leading pharmaceutical, technology and financial companies. Mr. Libby, a lawyer, sold tens of thousands of dollars' worth of energy stocks. They included Texaco, Exxon Mobil and Chesapeake Energy as well as Enron. Mr. Lindsey, the director of the National Economic Council, reported the most ties to major American and international companies. His Washington consulting firm, Economic Strategies Inc., advised 67 leading American, European and Japanese banks and businesses, including American Express and Citibank. Mr. Lindsey was paid an annual salary of $918,785. He also reported $50,000 in consulting fees from Crow Family Holdings, a Dallas real estate concern, and Moore Capital, a leading hedge fund, as well as Enron. Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. Editorial Desk; Section 4 Reckonings Watt Price Ideology? By PAUL KRUGMAN 06/03/2001 The New York Times Page 17, Column 1 c. 2001 New York Times Company I once had a math teacher who responded to student errors by saying ''Save that answer -- I may ask that question someday.'' I thought of him after George W. Bush's apparently pointless trip to California. During that trip, Gov. Gray Davis asked for a temporary cap on wholesale electricity prices -- a request that gained extra force because it was backed by economists with strong pro-market credentials, including Alfred Kahn, who oversaw the deregulation of airlines, trucking and other industries in the 1970's. Mr. Bush, however, was unmoved. Again and again he declared that a price cap would do nothing either to increase supply or to reduce demand. Save that answer, Mr. Bush. We might ask that question someday. Actually, Mr. Bush's assertion may have been wrong even on its own terms. I'll come back to that in a minute. But the most striking thing about his declaration was that it had nothing to do with the actual problem. For the issue facing California right now is not how to increase supply and reduce demand. It's too late for that; summer is almost upon us, and it is simply a fact of life that there will be power shortages in the months ahead. It is important that the state build power plants as quickly as possible, so that this shortage is only temporary. But not to worry: power plants are being built at a furious rate, in California and in the nation at large. Indeed, last week the credit agency Standard & Poor's expressed concern that electric generating capacity is being added so quickly that the industry will soon face a glut. Meanwhile, however, the temporary lack of capacity has led to incredibly high wholesale electricity prices, which are a huge financial burden on the state, over and above any disruption that may be caused by physical shortages of power. Nobody knows exactly how much California will pay for power this year, but reasonable estimates suggest that it will pay at least $50 billion more than two years ago -- an increase of more than $1,500 for every resident. The great bulk of that represents not an increased cost of production but windfall profits for a handful of generating companies. The main purpose of a temporary price cap would be to reduce -- though by no means eliminate -- this transfer of wealth away from California residents. That is, we're talking about dollars, not megawatts. And Mr. Bush's response is therefore almost surrealistically beside the point. You could argue that any financial benefit from price caps would be more than offset by a worsened physical shortage. But that's a hard case to make. Nobody has proposed capping prices at a level that would prevent power producers from making extraordinarily high profits; why should this reduce the supply of power? It's true that Econ 101 teaches that price controls tend to produce shortages. But this would be a minor effect in this case, since neither production nor consumption would be much affected. And anyway, students who go beyond Econ 101 learn that strictly speaking the standard argument against price controls applies only to a competitive industry. A price ceiling imposed on a monopolist need not cause a shortage, if it is set high enough; indeed, price controls on a monopolist can actually lead to higher output. That's not an argument you want to use too often, but given the extraordinary prices now being charged for electricity, and the considerable evidence that producers are exercising monopoly power, if ever there was a case for a temporary price ceiling, California's electricity market is the place. I am actually somewhat surprised by Mr. Bush's obtuseness on this whole subject. No doubt his determination to answer the wrong question is deliberate: misrepresenting policy issues is, after all, standard operating procedure for this administration. But even on a cynical political calculation, Mr. Bush's remarks seem to be foolish, only reinforcing the sense that he neither understands nor cares about California's problems. Maybe Mr. Bush's advisers are knee-jerk ideologues who believe that the market is always right, even when textbook economics says it is wrong. Or maybe they are so close personally to energy industry executives that they believe that whatever is good for Enron is good for America. Whatever the real story, it's clear that this administration not only has no answers for California, it won't even listen to the question. Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. National Desk The Nation THE ENERGY CRISIS Watchdogs Take a Hit in State's Power Ills Energy: Ex-federal officials say oversight of California's deregulation suffered due to a push for free-market competition. JUDY PASTERNAK; ALAN C. MILLER TIMES STAFF WRITERS 06/03/2001 Los Angeles Times Home Edition A-1 Copyright 2001 / The Times Mirror Company WASHINGTON -- California was the first test, and right from the start economists at the Federal Energy Regulatory Commission saw trouble coming. Their bosses were worried too. In hindsight, some admit they could have done better. But five years ago, when California officials were rushing to deregulate electricity, the federal watchdog charged by law with overseeing the process and guarding against runaway prices decided not to bark. In their zeal for free-market competition and their ideological commitment to shifting authority away from Washington to the states, FERC's commissioners brushed aside their qualms and let the process roll forward. "There were a lot of issues that got swept under the rug," said economist Carolyn A. Berry, who headed FERC's analysis of the California plan. "We were trying to point out the ugly warts, but it wasn't our job to set policy." Former FERC Chairman James J. Hoecker, who presided over the approval, said the agency "should have been far less deferential." John Rozsa, a state legislative analyst who played a key role in the deregulation law, laughed when he heard that. "FERC wanted it badly," he said. Today, FERC stands accused of failing to exercise its oversight, enforcement and political muscle just when they were needed most. The agency, critics on the inside and outside agree, helped launch a radical economics experiment without sufficient preparation, adequate staff or a clear sense of how to carry out its mission. With fully half the states considering deregulation, the story of what a previously obscure federal agency did not do has become more than a case study in regulatory shortcomings. It has become a warning shot across the bow of the whole country. FERC has approved deregulation plans in New England, New York and the mid-Atlantic states. At stake is a reliable supply of a commodity that fuels virtually every home and workplace in America. California's example is hardly encouraging: months of blackouts and an electric bill that has rocketed from $7 billion in 1999 to as much as $50 billion this year. Now the commission is caught in what some see as an identity crisis, divided and uncertain as politicians in California and Washington call for mutually contradictory action. "I think the commission needs to decide what it wants to do when it grows up," said Hoecker, who headed the agency during a critical period ending in January. His own leadership, he concedes, was not always all it might have been. Without question, there is ample blame for everyone, not just FERC. Certainly in California, state officials devised a flawed deregulation scheme and then insisted on carrying it out. Some power company executives have extracted windfall profits. Politicians have wilted when things went awry. And, as FERC officials continually point out, its authority is limited to wholesale markets. State officials are responsible for the local utilities and other retailers selling power to consumers. Nonetheless, it is FERC that Congress charged with overseeing electricity markets and assuring "just and reasonable" prices. How did FERC choose the course it took? What factors influenced its decisions? Certainly energy companies, consumer advocates, lawmakers and others lobbied the agency. Yet even FERC critics say such influence was not dominant. FERC is not insulated from lobbying, but David Nemtzow, president of the Alliance to Save Energy, a coalition of business, consumer and environmental leaders, said: "They are less sensitive to those forces than a lot of other players." Rather, this seems to have been a case of government decisions driven by ideology. The commissioners, both Republicans and Democrats, were wedded to the idea that deregulation at the wholesale level would lead to lower retail bills. The market, they believed, would inexorably produce greater competition, greater efficiency and falling prices. To Mark Cooper of the Consumer Federation of America, the primary problem was "their excessive faith in the market." Even after price spikes occurred across the Midwest and in California as early as 1998, FERC officials dismissed suggestions the surges might reflect market instability or manipulation. And as California's situation worsened, FERC's response was shaped by a continuing commitment to market forces with a minimum of government intervention--witness its April order allowing temporary price caps but only in narrowly defined emergencies. In the last few months, under enormous pressure, FERC has ordered a dozen companies to justify high prices or refund $124.5 million to California utilities for January and February. It won an $8-million settlement from Williams Cos. of Tulsa, Okla., which it had accused of shutting power plants last spring to drive up prices. Williams did not admit guilt. Detractors, including California officials, howl that FERC's actions are too little too late. They have called for a range of solutions, from flat-out price caps, as in the old days of full regulation, to much higher rebates from generators caught price-gouging, to retractions of individual firms' permission to charge market-based rates. If the agency chose to wield all of its authority, it also could force witnesses to testify under oath and subpoena tapes of phone calls among power traders, and even force the state to change the way the market operates. Curtis L. Hebert Jr., the free-market champion who succeeded Hoecker as chairman, insisted "FERC is being vigilant in its efforts to ensure just and reasonable rates, while at the same time ensuring" that it fosters new energy supplies. "I would vehemently disagree with anyone who says otherwise," he added, noting he transferred 75 attorneys--half of the agency's litigators--into market oversight. Still, a consensus that it's time for aggressive action seems to be forming among commissioners, including two nominees confirmed by the Senate last month: Patrick H. Wood III and Nora M. Brownell. Wood, a Texas utility regulator nominated by Bush and probably FERC's next chairman, said the agency needs to evolve into a "market cop with a great big old stick," adding: "There is a role that only the federal government can take. . . . The free market ain't a free and full market yet." Already named FERC's special liaison for California, Wood remains dedicated to market principles but vows to take a fresh look. Commissioner Linda Breathitt, a Democrat, also talks of change. And commissioner William L. Massey describes agency officials as naive in their past actions, in contrast to what he calls the "very sophisticated players" on the industry side. If some commissioners are starting to sound more like watchdogs, that's partly because they feel the tug of two conflicting ideas in their mandate to open markets while assuring fair prices. Americans have always loved the way capitalism gives opportunities to the shrewd and energetic. At the same time, the country has repeatedly turned to government regulation when it thought particular industries, such as the railroads, waxed too powerful. How well FERC deals with this intrinsic conflict and meets its challenges may have a sizable effect on the country's energy future. Frightened by events on the West Coast, some states have slowed their progress toward deregulation. Others have decided not to try at all, at least for now. "If the commission wants to have competitive markets," Hoecker said, "it's going to have to pull the bacon out of the fire." Though it traces roots back to the Federal Power Commission and development of hydroelectric power in the 1920s, FERC began its present incarnation in the 1980s, with the Reagan administration's deregulation campaign. FERC undertook to deregulate natural gas, then, spurred by a Democratic Congress and the first President Bush, it moved on to electricity. The problem is that electricity and its markets differ significantly from natural gas. Electric power cannot be stored to meet future shortages, as gas can. Its markets are more volatile. And the effect of shortages or price spikes cascades through the economy much faster. Without anyone quite realizing it, FERC was sailing into uncharted waters. Moreover, as FERC's staff took up the original California deregulation plan, it faced a significant constraint: The commissioners had made a conscious call to let the state have its way most of the time. As state officials saw it, so much power was available for the Western electrical grid that prices would surely come down. FERC economists, on the other hand, saw myriad problems. For example, the state's scheme called for generators to submit blind bids with a separate quote for each hour of the coming day. With any power plant, the unit cost is highest when a generator is started up and declines as it runs. So the price charged for later hours should be lower than for the first--but only if the operator can sell both the beginning and the later hours. Under the California blueprint, though, bidders could not be sure which hours the purchaser might buy. That meant bidders would have to load the higher start-up costs into each hour throughout the cycle to make sure those costs were recovered. By contrast, the mid-Atlantic market requires the power purchaser to add separate payments to cover start-up costs. Other issues were deferred rather than solved before FERC granted approval, including such questions as how to manage congestion on the grid and what the transmission rights should be for municipalities that generated and sold power. State legislative aide Rozsa argues that such matters were not crucial and that the biggest flaw in the plan--the insistence that the system operator not have any generators of its own--was conceived with FERC guidance. Both FERC and the state, he said, had "an exaggerated sense of their knowledge and ability." As the California launch, originally scheduled for January 1998, drew near, FERC's nervousness increased. As late as the Christmas holidays, the state was still tinkering. The agency ordered the state to provide two weeks' written notice before taking the final step, even though FERC had already approved the plan. When California finally "went to market," FERC analysts snickered at the timing: The first electricity auction was held March 31 for power to be delivered the next day--April Fool's Day. As for the commissioners, "We were somewhat naive," Massey said. "The commission believed there was so much inefficiency built into the old-fashioned . . . regime that any new market would be better." With the nation's largest state deregulating, FERC began blessing plans on the East Coast. Hundreds of companies lined up for permission to charge market rates in various open trade zones. FERC, according to its rules, was supposed to reject any firm that held a big enough share in a market--generally defined as about 20%--to influence prices for a sustained period. But doing the necessary market analyses proved impractical. For one thing, the rising workload was overwhelming the staff, which had shrunk by more than 25% from its 1980 high of 1,600 employees. The agency, as critics see it, simply buckled. "Once it got going, it took over," Berry said of the momentum behind deregulation. "FERC was handing out [permission] to anybody who walked in." FERC economist Steven A. Stoft was infuriated. He wanted to start cautiously, opening one small market, testing before expanding nationally. "To put in markets everywhere, to affect a lot of people, to just wait and see how it turns out, that's completely irresponsible," said Stoft, who now lives in California and is writing a book for regulators about how to design markets. At first, the staff Cassandras seemed wrong. Prices generally headed down. But during the summer of 1998, prices spiked twice--once in the Midwest, once in California. In the Midwest, several aging nuclear plants shut down for maintenance just as a heat wave sent air conditioners into overdrive. Wholesale electricity rose past $7,000 per megawatt-hour, 100 times normal. Consumers and politicians screamed. The weather cooled and new supply came in fast. Prices ebbed. To consumer groups and several FERC economists, the sudden increase suggested the worst can happen. Hoecker and FERC member Vicky Bailey drew a different lesson, as did a staff investigation: The market worked to correct an unusual confluence of events that was unlikely to recur. About the same time, a strange thing happened in California's reserve market, where the state's independent system operator pays generators with extra capacity to stand ready to meet unexpected surges in demand. So few companies offered to sign such contracts that the ISO sometimes had little choice but to accept whatever bid came in. It was just a matter of time before someone took advantage. One day in that summer of 1998 someone did: The only offer to provide reserve power was an astronomical $9,999 per megawatt-hour. To some, it was proof that the California market could--and would--be manipulated. "I was horrified," Berry said. FERC quickly granted California's request for permission to cap prices in the reserve. The authority quietly expired in November. There was no outcry about this spike because reserve costs are spread around to the states' utilities, thus diffusing their effect. "Of course, it should have been a warning that the sellers were several steps ahead of us," commissioner Massey says. In a memo last June, Ron Rattey, a senior FERC economist who has been with FERC since 1975, complained that the staff was "impotent in our ability to monitor, foster and ensure competitive electric power markets." He added in an interview: "FERC doesn't want todiscover that the policy changes it's making aren't working." Commissioners at the quasi-judicial agency are forbidden by law from privately discussing pending cases. So companies and Congress must officially content themselves with filing briefs, writing letters and testifying at hearings. No such restraints apply to the issue of who sits on the commission. There, the jockeying for influence can be intense. Commissioners are appointed by the president and confirmed by the Senate to staggered five-year terms, with a limit of three members of a political party on the panel. The president can also designate at any time which commissioner serves as chairman, a position that bestows broad authority over the FERC's agenda and staff. When Bush took office, he picked Hebert, then the lone Republican on the commission, to the chairmanship and named his choices for the two vacancies. It was unclear whether Hebert would keep the chair once Bush's nominees were confirmed. Soon afterward, Hebert talked by telephone with Kenneth L. Lay, who heads Enron Corp., a Houston-based energy marketing giant that recently saw its profits triple in a year. FERC policy decisions could have a huge influence on its future. Enron spokesman Mark Palmer says Lay, whose friendship with Bush is well known, was returning a call from Hebert. Palmer says Hebert wanted Lay's support for remaining chairman. Hebert told a FERC official, who heard the new chairman's end of the conversation, that Lay offered support but only if the chairman changed his views in ways that would aid Enron. The official says he heard Hebert decline and characterizes him as offended. The discussion was first reported in the New York Times. Lay has never been shy about offering advice, nor about courting political access. He golfed with President Clinton, and Palmer wrote a letter to Clinton's personnel chief touting Hoecker for chairman. The Enron executive's ties with Bush bind especially tight; Lay raised and donated hundreds of thousands of dollars to Bush's campaigns and related efforts. Power companies also scouted candidates for the two slots. Enron went so far as to send the White House a list of a dozen people Lay considered qualified (the two new commissioners were on it). In the end, however, the evidence suggests that such lobbying mattered less than the faith in free markets and less federal intervention shared by two presidents and just about every recent FERC member. "FERC is filled with true believers," Rozsa said. The agency's recent California orders underline the point. In December, FERC concluded the market was dysfunctional and ordered a limited version of the price caps that free marketers abhor. Still, prices remained above $300 a megawatt-hour--10 times the pre-crisis average. So in April, FERC concluded it had to take further action. But the new version of price caps, approved 2 to 1, actually narrowed the circumstances under which they could be imposed, though it gave the state more flexibility. Even temporarily, the commission would not abandon its market principles. "I was reluctant to stop in my tracks," said Breathitt, the swing vote. She didn't want "to go back to a form of regulation that this commission and I had departed from five or six years ago." (BEGIN TEXT OF INFOBOX / INFOGRAPHIC) FERC at a Glance 1920: The Federal Power Commission created to oversee development of hydroelectric power. 1977: Power Commission replaced by the Federal Energy Regulatory Commission to oversee interstate transmission of natural gas, oil and electricity and regulate wholesale electric rates. 1992: Congress gives FERC authority on electricity, opens door to full-scale deregulation. 1996: FERC approves California deregulation plan. 1998: Prices spike briefly; FERC puts temporary price caps on California's emergency reserve. 2000: FERC orders staff investigation of market conditions nationwide, declares California market seriously flawed in November; in December, a form of price caps introduced. 2001: Rolling blackouts hit California. FERC orders $124.5 million in refunds from power companies alleged to have overcharged utilities. Agency says California price caps can apply in narrowly defined circumstances * Source: Federal Energy Regulatory Commission; Times reports (BEGIN TEXT OF INFOBOX / INFOGRAPHIC) Federal Energy Regulatory Commission FERC Members Chosen by Bush * Patrick H. Wood III, GOP Nominated by Bush, March 27; confirmed by Senate May 31. Age: 38 Term: Expires June 30, 2005 Career: Chairman of the Public Utility Commission of Texas, 1995-2001. Attorney for the law firm Baker & Botts in Washington, 1989-1991. Legal advisor to FERC member Jerry Langdon, 1991 to 1993. Personal: Native of Port Arthur, Texas. Education: Texas A&M University, B.S., 1985. Harvard Law School, J.D., 1989. * * Nora M. Brownell, GOP Nominated by Bush, March 27; confirmed by Senate May 31. Age: 53 Term: Expires June 30, 2006 Career: Pennsylvania Public Utility Commission, 1997 to 2001. Senior vice president at Meridian Bancorp, 1992-1996. Current president of the National Assn. of Regulatory Utility Commissioners. Personal: Native of Erie, Pa. Education: Attended Syracuse University, 1966-1969. * FERC Members Chosen by Clinton Curtis L. Hebert Jr., GOP Nominated by Clinton, 1997. Named chairman by Bush in January. Age: 38 Term: Expires June 30, 2004 Professional career: Chairman of the Southern District of the Mississippi Public Service Commission, 1994 to 1996. Member of the Mississippi House of Representatives, 1988-1992. Personal: Native of Pascagoula, Miss. Education: University of Southern Mississippi, B.S., 1985; Mississippi College School of Law, J.D., 1990. * Linda Breathitt, Democrat Nominated by Clinton, 1997. Age: 49 Term: Expires June 30, 2002 Professional career: Chairwoman of the Kentucky Public Service Commission, 1995-1997. Past president of the Southeastern Assn. of Regulatory Utility Commissioners. Executive director of Kentucky's Washington office, 1980-1993. Personal: Native of Lexington, Ky. Education: University of Kentucky, B.A., 1975. * William L. Massey, Democrat Nominated by Clinton, 1993, 1998 Age: 52 Term: Expires June 30, 2003 Career: Practiced law in Washington, 1989 to 1993. Served on the presidential transition team for the Department of Energy, December 1992. Served as chief counsel to Sen. Dale Bumpers (D-Ark.), 1981 to 1989. Personal: Native of Little Rock, Ark. Education: University of Arkansas School of Law, JD, 1973; Georgetown University Law Center, master of laws, 1985. *Compiled by SUNNY KAPLAN/Los Angeles Times Q&A Differences in the approaches of the three most senior members of the Federal Energy Regulatory Commission were apparent during recent interviews with The Times. Following are excerpts: * How do you define FERC's role as a regulator of wholesale electricity? HEBERT: "What the commission has attempted to do here since I've been chairman is to provide a balance--making certain that we have just and reasonable rates and, at the same time, making certain that we have given proper opportunity to build out infrastructure and to add much-needed supply so as to correct the flawed market that California has put in place." BREATHITT: "It is being an effective referee. It's being a cop on the beat. It's being a nurturer of competition. It's being an arbiter of disputes. And it's overseeing a level playing field. And, also, its role--more than we've seen in the past--is going to be a place to listen to the energy consumer." * Is FERC effectively monitoring wholesale electric markets and enforcing "just and reasonable" rates? HEBERT: "I think FERC is using any and all tools available to it to adequately monitor the markets, continue to look 24 hours, seven days a week for market manipulation, and ensure just and reasonable rates. I would vehemently disagree with anyone who says otherwise." MASSEY: "We need more people dealing with the monitoring function. The monitoring function requires skills that are precise. I think we need more people involved in hard-nosed investigation work . . . everyone here realizes we still have to do better in that regard." BREATHITT: "This is new to us. We've been monitoring markets in an old way. We have to get better at monitoring markets within the current framework." * Should FERC revise the test it uses to determine whether a power generator has "market power"? HEBERT: "Obviously, if I thought we needed to change it, we would have." MASSEY: "We have this old horse-and-buggy methodology for determining whether generators have market power. Everybody passes, nobody ever fails. If we've learned nothing else, it's that the screen is not sensitive enough to pick up the exercise of market power in California. . . . I don't know how you can say you see no reason for change." * Have wholesale power generators exercised market power to manipulate rates in California? HEBERT: "I know there are several people in the state of California that continually make remarks, some of them that are completely unnecessary [about manipulation of markets]. If they have information and real evidence, this commission wants to know about it . . . But this anecdotal evidence that they bring forward and is not real is not helpful." MASSEY: "In a capacity-short market where they need all the generation, even a small company can exercise market power. I'm not talking about some kind of conspiracy. I'm talking about the kind of conduct you would expect from a tough, hard-nosed, profit-maximizing company that owns generation." * Did FERC's April 26 order imposing price caps in California during emergency hours go far enough? HEBERT: "I embrace the order; I think it will make a real difference. And I wish there was some way to take California through the experience without the price mitigation and show the proof that the price mitigation is going to bear in trying to level out prices while at the same time giving signals to build out infrastructure and needed supply." MASSEY: "I don't think we've moved quickly enough. Generally, our solutions have been too little too late. We've been hoping the market will settle down, and it just hasn't . . . we should have imposed a timeout . . . on that market to cool it off." BREATHITT: "I wanted it to mitigate against high prices. I wanted it to have a market orientation. And I wanted it to be effective in controlling what I thought would be high prices this summer. . . . We did control prices on April 26." * Has FERC resolved the question of "just and reasonable" rates in California? HEBERT: "When it comes to just and reasonable rates, you cannot just pick a price at which no one should pay over, or be allowed to pay over, because you have to give the proper opportunity for infrastructure and supply. . . . We are addressing it and we will fully address all the legal arguments on it in these rehearings pending on recent California orders." BREATHITT: "This order, I think, will produce just and reasonable rates given the shortage of supply in California." MASSEY: "We haven't really defined it. I would define it as cost-of-service regulation or price disciplined by a well-functioning market. We don't have either of those." * MORE INSIDE Jury still out: No smoking gun yet in natural gas rate hearing. A23 PHOTO: Patrick H. Wood III; ; PHOTO: Nora M. Brownell; ; PHOTO: Curtis L. Hebert Jr.; ; PHOTO: Linda Breathitt; ; PHOTO: William L. Massey; Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. Saudi Arabia Sets Pacts With 9 Oil Firms 06/03/2001 Dow Jones Business News (Copyright (c) 2001, Dow Jones & Company, Inc.) Associated Press JEDDAH, Saudi Arabia -- Saudi Arabia signed agreements with nine oil companies Sunday, a move that marks the first major foreign investment in its energy sector since the industry was nationalized in the 1970s. The expected deal, valued at $25 billion at least, involves the development of three natural-gas fields in the kingdom, as well as a number of related power plants, transmission pipelines and water-desalinization projects. Exxon Mobil Corp. (XOM), the world's largest publicly traded oil company, is the lead manager on two of the projects, including the $15 billion Ghawar Core Venture 1 project. It also will lead the Red Sea Coast Core Venture 2 project. Royal Dutch/Shell Group (RD, SC) was chosen to lead the Shaybah Core Venture 3 project. The Western companies will help Saudi Arabia convert its utilities from oil burning to natural gas, which would free up more of the kingdom's crude oil for export. The other companies selected were BP PLC (BP), TotalFinaElf SA (TOT), Conoco Inc. (COCA, COCB), Phillips Petroleum Co. (P), Occidental Petroleum Corp. (OXY), Enron Corp. (ENE) and Marathon Oil Canada Inc. (MRO). Saudi Arabia's state-owned energy company, Saudi Aramco, will be an equity owner in the projects. Saudi Arabia nationalized its oil fields in 1975 after tension caused by the Arab oil embargo against the West that began two years earlier, and it closed its energy exploration and production sectors to foreign investment. Although locked out of the production of energy, Exxon Mobil has $5 billion in refining and petrochemical joint ventures in the country, and it said it is also the largest foreign purchaser of crude oil and other hydrocarbons from Saudi Aramco. Copyright (c) 2001 Dow Jones & Company, Inc. All Rights Reserved. Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. INDIA: INTERVIEW-India to respect international contracts - Prabhu. By Clarence Fernandez 06/03/2001 Reuters English News Service (C) Reuters Limited 2001. BOMBAY, June 4 (Reuters) - India is in favour of ensuring international contracts are respected, Power Minister Suresh Prabhu told Reuters as investors' fears grow over a squabble between U.S. energy giant Enron Corp and a local utility. The row was sparked late last year when the utility in India's western state of Maharashtra defaulted on payments of $48 million to Dabhol Power Company, 65 percent owned by Houston-based Enron. Prabhu said it was obvious investors saw some question marks over Enron's $2.9 billion power plant, which is India's largest private foreign investment. Enron is building the plant but the dispute with the local utility, Maharashtra State Electricity Board, has threatened to derail the 2,184 MW power project. "We have to address those concerns adequately because the government of India is always in favour of making sure that international contracts are respected in the process of assuring all the foreign investors that there is no need for concern," Prabhu said in an interview late on Sunday. Signs emerged last week that investors are souring on India. Global rating agency Fitch last Thursday revised India's sovereign rating outlook to negative from stable, citing concerns over fiscal policy, privatisation and deterioration in the country's foreign investment climate. Competing agency Moody's said on Friday it has seen slippage in the Indian government's reform effort, but declined to say whether a ratings change could be expected, while Standard & Poor's (S&P) said it was worried about the size of the budget deficit. Asked if he felt the Enron row had deterred investors, Prabhu said, "This is one single issue. We must deal with it in the manner in which it is possible in a given situation. "There is a negotiation going on. The central government has a representative on the negotiating committee and I am sure that the only way in which commercial disputes can be settled is through negotiations." Prabhu was referring to a panel formed last month by the Maharashtra state government to renegotiate the tariffs charged by the 2,184-MW Dabhol power project. The Maharashtra State Electricity Board (MSEB), which agreed in 1995 to buy the plant's entire output, says the power is too costly and has defaulted on $48 million in power payments. Dabhol issued a notice last month to cancel its power purchase deal, a move many investors fear could be the first step towards getting out of the project entirely. "The phase in which we are right now ... is the phase in which some independent power producers have already contracted certain obligations which we will definitely like to uphold, which should be honoured," Prabhu added. "Because in India contracts are very important. Sanctity of contracts should be kept." Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. Saudi Arabia signs landmark agreement with major oil companies By WARD PINCUS Associated Press Writer 06/03/2001 Associated Press Newswires Copyright 2001. The Associated Press. All Rights Reserved. JIDDAH, Saudi Arabia (AP) - Saudi Arabia and nine major international oil companies signed a landmark agreement Sunday that marks the first major foreign investment in the Saudi energy sector since the industry was nationalized in the mid 1970s. The deal, worth at least dlrs 25 billion, involves the development of three natural gas fields in the kingdom, and a number of related power plants, transmission pipelines and water desalinization projects. Irving, Texas-based Exxon Mobil, the world's largest publicly traded oil company, will lead management position for two of the projects, including the dlrs 12-16 billion Ghawar Core Venture 1 project. It also will lead the Red Sea Coast Core Venture 2 project. Shell was chosen to lead the Shaybah Core Venture 3 project. The last two projects have a value of dlrs 7-10 billion each, Prince Saud al-Faisal told reporters. The Western companies will help Saudi Arabia convert its utilities from oil-burning to natural gas, which would free up more of the kingdom's crude oil for export. Saudi Oil Minister Ali al-Naimi said the companies are expected to profit on returns from the exploration and development of gas fields with more than 15 percent of the investment cost. The other companies selected were BP, TotalFinaElf SA, Conoco Inc., Phillips Petroleum Co., Occidental Petroleum Corp., Enron Corp. and Marathon. King Fahd, who rarely appears before foreign visitors, attended the signing and shook hands at the conclusion of the deal with the presidents of the companies. Also present was Crown Prince Abdullah, Defense Minister Prince Sultan and Prince al-Faisal, who signed the agreements on behalf of the kingdom. The signing was rich in pomp as members of the royal family sat along the back wall, with Fahd at the center. Oil company executives sat along one side and other Saudi officials, including al-Naimi, sat on the other. The executives took turns signing the memorandum of understandings. At the conclusion of the signing, they took turns shaking Fahd's hand. Each could be heard saying "Thank you very much" to Fahd. Saudi Arabia's state-owned energy company, Saudi Aramco, will be an equity owner in the projects. Saudi Arabia nationalized its oil fields in 1975 after tension caused by the Arab oil embargo against the West that began two years earlier, and closed its energy exploration and production sectors to foreign investment. Al-Faisal said in case the companies discover oil, they will be compensated and the fields will be repossessed by Saudi Arabia. Although locked out of the production of energy, Exxon Mobil has invested dlrs 5 billion in refining and petrochemical joint ventures in the country and said it is also the largest foreign purchaser of crude oil and other hydrocarbons from Saudi Aramco. wp-ti-hhr Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. India struggles to keep foreign investors Uttara Choudhury 06/03/2001 Agence France-Presse (Copyright 2001) NEW DELHI, June 3 (AFP) - Foreign investors are beginning to leave India for emerging economies like China, as they run smack into a cobweb of rules, regulations and intervention at the state level. The list of companies leaving India, after moving in en masse during the early 1990s when the government unleashed sweeping free- market reforms, include major European, American and Asian groups. "A slew of foreign firms have packed their bags. It is a wake up call for New Delhi to cut red tape and pursue much more investor- friendly policies," said Gautam Mahajan, president of the Indo- American Chamber of Commerce. Four foreign power companies, including Europe's largest, Electricite de France (EDF), have pulled out of Indian power projects worth three billion dollars, citing long delays and the slow pace of reforms. EDF walked out of a proposed 1,000-megawatt power project in the western Indian state of Maharashtra following years of hurdles and hold-ups. Ramesh Narayan, chief of EDF's subsidiary in India, told AFP that "inordinately long" delays forced it to pull out of the 1.1 billion dollar joint venture, which also includes France's Alstom. "We gave it a long, hard try for seven years... The coal-pricing and risk issues finally made the project unviable. Recent regulatory changes also made the project's tariff unacceptable," said Narayan. While EDF struggled to get off the ground in India it added 34,000 megawatts of power in countries such as Germany and China. The pull out of EDF followed the withdrawal in January last year of US-based Cogentrix Energy Inc., from a 1.3 billion dollar, 1,000- megawatt power project in the southern state of Karnataka. Now another US energy giant, Enron Corp., has moved closer to pulling the plug on its Indian plant. On May 19, Enron subsidiary Dabhol Power Company (DPC) issued a preliminary notice to terminate its contract to sell power to India's Maharashtra state. The move followed months of wrangling between Enron and Maharashtra state over payment defaults by the state utility, Maharashtra State Electricity Borad, and is likely to further tarnish India's business image. "It will have an impact on how people look at India and that is very unfortunate because we do see India as a potentially good market," Peter de Wit, director of Shell International Gas told reporters. "The sort of circumstance they (Enron) are faced with now doesn't give a lot of confidence to people who want to consider long-term contracts in India." Shell plans to spend 19.5 billion rupees (415 million dollars) to build a five million ton-a-year liquefied natural gas (LNG) terminal at Hazira, a port in the western state of Gujarat. The Dabhol project is the single largest US investment in India and was seen as a litmus test of India's commitment to economic reforms and globalisation. Australian telecoms group United Holdings and its Korean supplier Mocomo Inc announced last month the closure of an electronic parts production facility in northern India, sacking at least 200 people, to relocate to China. Foreign firms also said it took them longer to start operations in India. France's leading liquor company Groupe Pernod Ricard took roughly four years to launch its first brand in India. "I started Pernod's operations from scratch in Japan and Korea. I came to India with the clear intention of quickly launching our first brand," said Albert Algressi, former Delhi head of Groupe Pernod Ricard, before leaving India. "But a few weeks became some months then years. Very frustrating," he added. An executive with U.S consultancy firm McKinsey and Company said multinational companies tried to duplicate "tried and tested models in India, but India was a model of its own". "A bureaucrat will say 'very good' and then not clear the project. The local partner says 'no problem' and this could be the beginning of all your problems," said the consultant. India said foreign direct investment (FDI) in 2000 jumped by 15 percent to 193.4 billion rupees (4.2 billion dollars) from the previous year. However, a commerce ministry report stated that in the first decade of its economic liberalisation India only managed to attract FDI worth 23.7 billion dollars, a little more than what China receives in six months. uc/gh/pw Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. `Expert knowledge' and Dabhol A V Rajwade 06/03/2001 Business Standard 10 Copyright (c) Business Standard It has now been a few weeks since the appointment of a committee under Mr Godbole to renegotiate the tariffs payable to the Dabhol Power Company Ltd by Maharashtra State Electricity Board (MSEB). There has been hardly any tangible progress in the negotiations. Legal notices issued by either side have been flying around but the problem remains intractable. At present neither DPC, nor its parent Enron, has any incentive whatsoever to hold serious negotiations. It is sitting pretty on an agreement that one can be sure has been drafted by some very clever lawyers. And given that all obligations of MSEB are guaranteed by the Government of India, it probably is not too worried about the safety of its money. It also knows that, in the interest of its international reputation, the Indian authorities cannot afford to take a cavalier attitude to the subject. In the circumstances, if progress is to be achieved, some way will have to be found to get Enron worried about the legal enforceability of its agreements. Only if this happens will Enron be persuaded to start a serious renegotiation of the tariffs. In an earlier article in this newspaper (see Business Standard May 22, 2001), I had referred to the now famous Procter & Gamble vs Bankers Trust Company case in the United States. While I have not been able to get hold of the P&G plaint despite an extensive search on the Web, I have managed to get hold of a copy of the judgement in the case. This has limitations because the substance of the dispute was settled out of court. And yet the judgement does make a few useful points. The bulk of the judgement discusses arcane points of law, in particular the applicability of various legislations in the United States to the case. On most of these points the judge has rejected the contentions of Procter & Gamble, and granted summary judgement in favour of Bankers Trust. However, the judge goes on to argue that: "This does not mean, however, that there are no duties and obligations in their swaps transactions. Plaintiff alleges that in the negotiation of the two swaps and in their execution, defendants failed to disclose vital information and made material misrepresentations to it_ "New York case law establishes an implied contractual duty to disclose in business negotiations. Such a duty may arise where 1) a party has superior knowledge of certain information; 2) that information is not readily available to the other party; and 3) the first party knows that the second party is acting on the basis of mistaken knowledge_ "Additional cases which explicate the duty to disclose indicate that a duty may arise when one party to a contract has superior knowledge which is not available to both parties_" "Even though a fiduciary duty may not exist between the parties, this duty to disclose can arise independently because of superior knowledge_" "The duty to deal fairly and in good faith requires affirmative action even though not expressly provided for by the agreement_" "I conclude that defendants had a duty to disclose material information to plaintiff both before the parties entered into the swap transactions and in their performance, and also a duty to deal fairly and in good faith during the performance of the swap transactions_" The judge has cited a number of court cases in support of these points which seem to be based more on case law and common law principles than on any specific legislation. As such, one would imagine that the enunciated principles would have wider application than narrow infringements of specific laws. In the May 22 article, I had referred to the discount factor of 17 per cent per annum which seems to have been used to calculate the present value of the fixed cost payable by MSEB to DPC. The discount rate is an inferred one from the available data; it seems that the actual rate of discount used is not available in any of the documents. This is surprising; one obvious reason could be that, for what are effectively dollar payments, a 17 per cent discount rate is absurd and it was obviously better not to bring it on record. Can its non-disclosure in the negotiation or in the agreement come under the various points made in the P&G vs BTC case? Again, an old Business Week report on the case quotes from the P&G complaint that it "was bound by a pricing model which (Bankers Trust) did not disclose to the very party that it asserted was bound by such model...". An exact parallel to the MSEB/DPC dispute? A couple of other points occur to me. The Godbole Committee Report thanks IDFC for the excellent work done as the Committee's secretariat. Having put in a considerable degree of analytical input, as is evident from the report, perhaps the analysts may like to try out one other exercise. This is the projection of DPC's balance sheet at the end of the power purchase agreement, on the following assumptions: l No dividend payment and current tax rates; l Dollar appreciation against the rupee of 6 per cent per annum, which is the actual rate of the last five years. l Interest on rupee surplus funds at 11 per cent per cent, and domestic inflation, say, 8 per cent per annum The exercise would give a final value of DPC's net worth and readily permit the calculation of the internal rate of return on the capital invested. How does that compare with the returns in dollar terms assured by government policy? If the return turns out to be absurdly high, as it well might, this could be another example of "superior knowledge" available to the investor but not made known to MSEB. This apart, in its own affidavit in one of the court cases, MSEB has argued why the competitive bidding process was not followed: "The competitive bid requires expert knowledge and experience for evaluating the competitive bids, which at present is still not sufficiently up to the mark. For evaluation of such specialised projects, it is also necessary to have knowledge of risk identification and allocation, which is not sufficiently developed." As if this "expert knowledge" is not needed in bilateral negotiations! Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. California energy czar vows to get L.A.'s excess power By DANNY POLLOCK Associated Press Writer 06/02/2001 Associated Press Newswires Copyright 2001. The Associated Press. All Rights Reserved. LOS ANGELES (AP) - California's top energy adviser vowed Saturday that the state will get a guarantee from its biggest municipal supplier to provide power through the summer. "We will get (a contract) in the next few days, one way or another" from the Los Angeles Department of Water and Power, S. David Freeman told an energy summit in Studio City. "We want a contract for all its surplus over the summer," he said. Freeman, former head of the DWP, did not provide details. But his remark follows recent warnings by Gov. Gray Davis that he was prepared to use executive authority, if necessary, to obtain power from municipal utilities and other providers at lower rates. The governor has accused city utilities of gouging the state. Freeman said the DWP, the state's largest municipal utility, has made $300 million in profits by selling its excess power to the state's energy grid. During a panel discussion, DWP Assistant General Manager Henry Martinez said the agency is continuing contract negotiations with the state. "We're willing to negotiate ... to make excess power available, but we have to make sure the city is taken care of first," Martinez said. Los Angeles wants to ensure it won't face blackouts or big rate increases if it makes a long-term deal to sell some of its power, he added. Californians are facing rolling blackouts this summer, even though Davis has expedited the building of more than a dozen new power plants. Freeman said new plants would ease the energy crunch, and California should be able to meet its demand by next year. The state could begin producing surplus power within two years, he added. "By 2003, we will have the problem behind us," Freeman said. "We are not fighting the war on drugs. We are breaking the back of the problem one power plant, one efficient refrigerator and one wind plant at a time." There were no power alerts Saturday as electricity reserves stayed above 7 percent due to lower temperatures and more power plants back on line. A nuclear reactor at the San Onofre Nuclear Generating Station that was shut down in the wake of a February fire was restarted on Friday. The reactor was expected to be running at full capacity by Sunday, cranking out enough power for 840,000 homes. Freeman, in his keynote speech to the summit, praised Californians for conserving energy, noting that they used 9 percent less electricity in May than they did during the same month last year. "Our huge weapon is the market power of the people of California cutting back," Freeman said. He also took aim at President Bush's energy plan, which calls for oil drilling in Alaska but offers little in the way of short-term help for California. "We do not need to drill in the Arctic or slash and burn what's left of America the beautiful," Freeman told the 300 people attending the summit, which was sponsored by Los Angeles radio station KFWB-AM. The summit also featured Stephen Frank, chairman and CEO of Southern California Edison, and John Stout, senior vice president of Reliant Energy. Reliant, a Houston-based power generator, outraged state government officials last month when it charged California $1,900 per megawatt hour of electricity. Another generator, Duke Energy Co. of North Carolina, confirmed Friday that it sold electricity in California for as much as $3,880 per megawatt hour. During the panel discussion, Stout blamed high costs on a reduction of as much as 25 percent in hydroelectric power from the Pacific Northwest because of a drought, and a seven-fold rise in the past year for natural gas, which fuels generating plants. Meanwhile, the San Francisco Chronicle reported Saturday that energy-related companies, unions, trade groups and executives gave about $95,000 in contributions to Freeman's unsuccessful primary campaign for a state Assembly seat last year. The contributions included $25,000 from Roger W. Sant, chairman of AES. The governor recently requested federal regulators ban AES from selling wholesale power in California, alleging the company illegally manipulated the market. Freeman also got $9,000 from Texas Energy, $8,000 from Edison International, parent of Southern California Edison, and $7,500 from Kenneth Lay, CEO of Texas-based energy producer Enron. Pacific Gas & Electric Co. contributed $5,500. Freeman could not immediately be reached for comment after leaving the energy summit, but a spokesman for Davis defended the governor's appointee. "That was then, and this is now," Steve Maviglio told the Chronicle. "If you look at David's statements and actions since he's been on board, he's been harshly critical of those who gave him contributions." Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. SAUDI ARABIA: U.S. Marathon to replace Enron in Saudi gas deal. 06/02/2001 Reuters English News Service (C) Reuters Limited 2001. JEDDAH, June 2 (Reuters) - U.S. Marathon is set to replace Enron Corp in a just-formed consortium to develop a $5 billion gas project in Saudi Arabia, industry sources said on Saturday. "This is part of Enron's global restructuring," an industry source told Reuters. Saudi Arabia on May 18 awarded U.S. Enron, Occidental and ExxonMobil with stakes in the Red Sea gas package - one of three projects on offer under the kingdom's $25 billion gas development opening. ExxonMobil will retain the lead role, with 60 percent, while Marathon and Occidental will each hold 20 percent stakes, the industry sources said. Enron Corp last month bowed out of Dolphin Energy Ltd, majority owned by the government of the United Arab Emirates, which is embarking on a $3.5 billion project to route Qatari gas to the UAE. An Enron official has said that the U.S. firm had sold its stake in the project to UAE's Offsets Group (UOG) for an undisclosed sum. The kingdom has awarded eight major oil companies with stakes in three so-called core venture projects - marking a reopening of Saudi Arabia's upstream petroleum industry 25 years after nationalisation. Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. Financial Post: Canada Enron chief worried power plant may be in jeopardy Scott Anderson Reuters 06/02/2001 National Post National D05 (c) National Post 2001. All Rights Reserved. TORONTO - A planned $200-million power plant for Southwestern Ontario may be in jeopardy if the provincial government continues to drag its feet on deregulating the province's electricity market, the head of Enron Corp.'s Canadian unit said yesterday. Enron, the Texas-based energy firm, is slated to build the 400-megawatt Moore project near Sarnia, Ont. However, construction of the plant is contingent on the government's date for opening the market to competition and time may be running out, Rob Milnthorp, president of Enron Canada, said from Calgary. "I think we are really looking for a fall date as an optimum time for us to align our interests with Ontario," Mr. Milnthorp said. "If it's put off until spring, I do believe that the project is somewhat in jeopardy and would need to be assessed from an operational standpoint against all other opportunities that Enron has on its plate." Ontario said in April that deregulation would be brought into effect by the late spring of 2002, but was accused of raising market uncertainty by not setting a specific target date. The government may have a better idea of its timetable in September, after a key study by the Independent Electricity Market Operator (IMO) and the Ontario Energy Board (OEB) is finalized. The two have set up a joint task force to prepare for an opening in the wholesale and retail electricity market. Mr. Milnthorp said Enron still holds out hope the province will give a target date soon after the September study is released. Although he said Enron is "still committed to Ontario," he said the company will not invest any further until there is greater certainty. "We're on hold at this point," he said. Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. The Weekend Enron: prime time soap opera Tamal Bandyopadhyay & S Ravindran 06/02/2001 Business Standard 1 Copyright (c) Business Standard It has been an eyeball-to-eyeball confrontation. But are both sides beginning to blink as they stare deep into each others eyes? Until three days ago, it looked pretty certain that the US utility giant Enron would pull out of the $3 billion 2,184 mw Dabhol power project. But suddenly there are a few tell-tale signs that suggest that both sides are looking for a way out of the imbroglio. Enron made the first move. After weeks of insisting that its agreement was sacrosanct, Cline announced that DPC might be willing to cut tariffs and pare their rate of returns. And that was even before any negotiations had even begun. The second move came from the institutions which are desperate to prevent the project from falling through. The lenders indicated that they would also be willing to cut interest rates (which will help bring down the cost of tariffs, albeit marginally) and increase the moratorium on loan repayments. What's more, they would also stretch the maturity period of loans from nine years to 12 years and even convert the foreign exchange loan into rupee loans at a later stage. There has also been action behind-the-scenes in New Delhi where the Central Government has suddenly decided that it must resolve the crisis. For months the government had avoided action and insisted that the problem should be solved at the state level. Now, Union Energy Minister Suresh Prabhu is swinging into action and holding one meeting after another. So is the shadow boxing about to end? Or, are they feints that disguise the real intentions of the participants? The truth is that even the lenders don't seem very sure. And DPC and the Maharashtra State Electricity Board aren't giving any straight answers. Some cynics say that none of the parties have a game plan and they are just being borne along by the tide of events. Certainly, there has never been another project like it. The Dabhol power project _ touted as the showpiece of India's liberalisation programme _ easily beats any soap opera for the sheer level of controversy that it has generated. Consider the twists and turns that have taken place during the last few weeks. Only recently, three members of the Madhav Godbole panel set up to renegotiate the project, abruptly resigned. The three included former power secretary at the Centre E A S Sarma, Tata Energy Research Institute chairman R K Pachouri and Kirit Parikh, former director of the Indira Gandhi Institute of Developmental Research (IGIDR). That was a pretty inauspicious start for the panel. But on May 23,Godbole himself resigned because he was peeved at remarks made by the former Maharashtra chief minister, Sharad Pawar. A few hours later, Godbole did an about turn and withdrew his resignation. Barely a week later, the Maharashtra Electricity Regulatory Commission (MERC) restrained DPC from proceeding with the arbitration process till June 14. Godbole and MERC are only peripheral players in the entire drama even though they wield enormous clout and can influence the future course of events. The two main protagonists Enron (which holds 65 per cent ) and MSEB ( 15 per cent) in DPC have been trading charges every day. Until this week, it seemed there was little chance of the the two sides patching up the row. Will Enron finally exit from DPC? Is MSEB hell-bent on throwing out the US energy major _ which controls 51 power plants and other energy projects in 15 countries spread over four continents into the Arabian Sea? Is the war of words only a ploy to get a psychological advantage? Caught in the cross-fire, the Indian lenders are too eager to play the role of a facilitator. And the fact is that they don't have any choice. At stake is over Rs 6,000 crore. If the project sinks, it will knock the bottoms out of the three Indian financial intermediaries Industrial Development Bank of India, State Bank of India and ICICI. Theoretically, they have nothing to worry as all the shares of the company are pledged with them and the assets are mortgaged. But there is a sense of urgency. The overseas export agencies US-Exim, J-Exim, Miti and OND can invoke the accelerable guarantee given by the Indian lenders which will force IDBI, SBI and ICICI cough up over Rs 2,000 crore. Unlike foreign banks, the Indian financial intermediaries are not covered by the Centre's counter-guarantee for phase one. They can only fall back on MSEB which is not exactly in the best of health. "We want the project to be completed first. If that calls for some sacrifice on our part, we are ready to do that. The period of uncertainty must come to an end. We don't know how serious is Enron about pulling out of the project. Or, for that matter, what is the stance of MSEB," says a senior executive of a financial intermediary. What's wrong with the project? Ask MSEB this question. Pat comes the reply: an exorbitantly high tariff. The DPC retort is that power offtake is low and this has exacerbated the situation. The MSEB is not in a position to lift the power and it is not in a position to pay for the power. An Enron sympathiser cites an analogy, "MSEB cannot lift the power and hence it has to pay a higher price. It's like a situation where you hire a taxi for an entire day but you don't go out sight seeing. The taxi driver will still charge you even though you are not going out for a ride." Counters an MSEB official, "If the driver charges for the taxi that's fine. But in this case, Enron factors in the cost of flying a helicopter while fixing the daily rate for the taxi. No one can accept that." This might be a very simplistic way of looking at the entire controversy. But the consensus across all camps is that the weak link in the project is the offtake of power. Once that is settled, all the other issues will fall in place. Tariffs can always be negotiated. In fact, DPC has already hinted to the lenders that it is willing to cut tariffs by 10 per cent. That would make a huge difference to the project and everyone knows it. Consider this fact. The cost per unit which is currently pegged at Rs 4.50 at 90 per cent plant load factor (PLF) will come down to Rs 3.50 when the fuel base shifts from naphtha to liquefied natural gas (LNG). A 10 per cent cut on top of it translates into Rs 3.35 per unit. This is competitive by Indian standards. But the $3 billion question is who will lift the power? A tailor-made solution could have been to allow the National Thermal Power Corporation (NTPC) to lift power from DPC. The Centre has rejected that outright but the latest directive issued by the power ministry to the Central Electricity Authority for discussions with states that are short of power may show a ray of light at the end of the tunnel for DPC. The DPC tariff at this point hinges on a host of factors including import duty on fuel, cost of fuel, PLF and the rupee/dollar exchange rate. The first phase of the 740 mw of the project which is operational uses naphtha, a crude oil derivative, as fuel. Every time the price of crude goes up, naphtha prices too increase. For instance, when the plant was commissioned in May 1999, crude prices were pegged at $15 per barrel. By September 2000, it had gone up to $33 per barrel. According to the DPC fact sheet, this pushed up its per unit energy cost from Rs 1.44 to Rs 3.18. Now consider the PLF. As per the agreement with DPC, MSEB had assured an offtake of 90 per cent of the total power capacity at an optimum rate of Rs 1.88 per unit. But in the 17-month period till October 2000, MSEB was only able to life 60 per cent. This, along with the depreciation of the rupee and increase in crude prices, saw tariff jump to Rs 4.94 per unit on an average. In that period, the power tariff per unit touched a high of Rs 7.80 in July 2000 when MSEB was only drawing 33 per cent of Dabhol's PLF. Tariffs touched a low of Rs 2.98 in August, 1999 when it lifted 60 per cent. The Godbole panel's terms of reference include reduction in power tariff and delinking the setting up of a five million tonne LNG facility from the power project as the project requires only 2.1 million tonne as fuel. At the initial stages, DPC cried foul over the terms of reference but later changed tack and attended two meetings last month. The second Godole panel meeting on May 29 was also attended by the Centre's nominee AV Gokak. But if there are a few positive signs there are also a score of other negative ones. DPC has packed its senior executives off Singapore. It is scouting for buyers for its corporate office at Wockhardt House in Bandra-Kurla Complex, a Mumbai suburb. DPC is believed to have sacked executives of Metropolitan Gas, an Enron promoted company that was supposed to set up the five-million tonne LNG project. Confusion and suspense still envelop the fate of the power project. The Enron soap opera began in the early nineties when the Congress (I) led Sharad Pawar government in Maharashtra signed an agreement for setting up a 2000mw project. The opposition BJP-Shiv Sena cried foul and alleged kickbacks in the deal. After coming to power, the BJP-Sena combine scrapped the project almost immediately. But it changed tack soon and set up a committee to review the project. Enron also initiated arbitration proceedings in London. Based on the recommendations of the committee, the Sena -BJP alliance entered into a fresh contract with DPC. The project was split into two a 740 mw first phase and the 1,444 mw second phase. The first phase was to be naphtha fired, switching over to LNG in the second phase. In late 1999, a change of guard in Maharashtra saw the Congress-National Congress Party alliance come to power. This also brought back Enron to centre-stage. Act two of the Enron drama began in November 2000. On the eve of the winter legislature session at Nagpur, Maharashtra chief minister Vilasrao Deshmukh threw a bombshell and declared that the state wouldn't be able to buy power from DPC's 1,444 mw second phase. "MSEB would go bankrupt," he said. Under the terms of the PPA, the commissioning of phase II would entail MSEB paying a minimum of Rs 500 crore per month to DPC as fixed charges alone. MSEB's average revenue per month stood at Rs 800 crore. Deshmukh's stand was corroborated by Godbole who said that even if transmission and distribution losses are reduced drastically, and realisation from the subsidised agricultural consumers doubles, the MSEB will not be in a position to buy this power. Does that mean that MSEB will try to scuttle the project any which way? It has already defaulted on payment of power bills, slapped a penalty on DPC for delay in power generation and made some payments under protests. Will DPC actually mothball the project as has been indicated by Cline to the lenders? The Cassandras have started writing the epitaph for the project situated in the lush green Ratnagiri district in the Konkan belt. The coming fortnight will be crucial. First, the lenders are planning to force the promoters (read DPC) to lay all its cards on the table at their Singapore meeting on June 5-6. They want to know where they stand and are unlikely to allow DPC to continue with its ambiguous stance of slapping DPC on May 19 with a preliminary termination notice (PTN). Enron is also singing two tunes. It has threatened to put the project in cold storage on one hand and indicated that it is willing to cut tariffs on the other. MERC's stay on the DPC arbitration proceedings will also come to an end on June 14. The only thing that is certain about DPC is that the uncertainty will continue for a while. The prime time soap opera may get at least a 26-episode extension. Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. A White House staff's investments detailed / Holdings include energy stocks, Enron Los Angeles Times 06/02/2001 Houston Chronicle 3 STAR 10 (Copyright 2001) WASHINGTON - Members of the White House staff held sizable amounts of stock in energy companies, including at least $100,000 worth of shares in Enron Corp., a Houston-based energy marketing company owned by presidential adviser Karl Rove, the Bush administration said Friday. Based on the advice of the Office of Government Ethics, the staff members are preparing to sell their investments, have already done so or have recused themselves from policy discussions involving companies they have invested in, said a spokesman for the White House. Financial disclosure forms released by the administration show that several of the officials had significant income and assets. Among them is National security adviser Condoleezza Rice, the president's national security adviser, who held at least $250,000 in Chevron Corp. stock and had income last year of more than $555,000. Lawrence Lindsey, Bush's chief economic adviser, last year had a salary of about $920,000 as managing director of the New York firm Economic Strategies. The documents provided the first look at the finances of the senior staff working closely with President Bush as the administration continues to set course. The spokesman for an organization that studies the role of money in politics, Steven Weiss of the Center for Responsive Politics, said that although the White House staff members appear to be meeting legal requirements, their investments in the energy industry "help explain the very close relationship the Bush administration has with energy companies overall." Rove said he plans to sell his shares, as well as his wife's holdings, but was told by the Office of Government Ethics to take no action until he receives the office's certificate of divestiture. Others with energy holdings include Lewis Libby, Vice President Dick Cheney's chief of staff, who said he sold Texaco stock valued between $15,001 and $50,000, and lesser holdings in Enron, Schlumberger Ltd., Chesapeake Energy Corp., and Exxon Mobil Corp. Karen Hughes, the president's counselor, listed oil and gas royalty interests in Pecos County of between $15,000 and $50,000. Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. BUSINESS Enron backs out of Saudi Arabian natural gas plan TOM FOWLER Staff 06/02/2001 Houston Chronicle 3 STAR 1 (Copyright 2001) Enron Corp. has withdrawn from a $25 billion Saudi Arabian natural gas venture, leaving its stake in the project to Occidental Petroleum. Occidental and six other companies - including Houston-based Conoco - are scheduled to sign agreements Sunday to drill for gas and finance and build power plants, water desalination plants and other facilities that will use the gas. The venture is divided into three pro-jects that will open the Saudi Arabia's natural gas industry to international companies for the first time in two decades. "If we have a continued association with this project, it will be to provide services under a separate contract directly with Occidental," Enron spokesman Alex Parsons told Bloomberg. Enron may provide financing or other services to Occidental relating to the project later. Enron officials would not say why they chose to drop out just two weeks after being named to the project. The company has backed off from other large infrastructure projects in the recent past, however, and has focused on its commodity trading businesses. Enron withdrew from a $2 billion pipeline project to export natural gas from Qatar last month, while other international projects have proved to be difficult. A power-generation project in India has run into trouble because of disagreements between Enron and the Indian government over electricity prices, and on Friday Enron officials said a $130 million power plant project in Ontario may be jeopardy because of the provincial government's foot-dragging over electricity deregulation. Enron appears to be focusing on its rapidly growing commodity trading business, which includes trading natural gas, electricity, broadband Internet capacity and even such items as broadcast advertising time. While the natural gas project would have been a low-risk operation for Enron, and may even have given it an inside track on future projects as the Saudis open up their economy to foreign companies, it did not appear to be exceptionally profitable. Much of Saudi Arabia's gas reserves are well known and relatively easy to tap into, but energy analysts have said that the return on investment for the project appeared to be less than 15 percent. That is the bare minimum that most companies expect for major drilling and infrastructure pro-jects. In recent years those margins have more often been above 20 percent. If Enron had stayed with the project, it also would have had a minor part in the smallest one of the three projects. Enron, Exxon Mobil Corp. and Occidental were chosen for the $4 billion Red Sea project, also known as Core Venture 2. Exxon was chosen as the lead for the project. Royal Dutch/Shell Group, Conoco and Total Fina Elf were picked for the $5 billion Shaybah natural gas project, also known as Core Venture 3. Conoco Chairman Archie Dunham said last month that he would be "very disappointed" if Conoco was not named the lead operator for Core Venture 3, but The Wall Street Journal reported Friday that Shell appeared to be poised to lead that project. Exxon, Shell, BP and Phillips Petroleum Co. won the rights to the most coveted project, the $15 billion South Ghawar project, or Core Venture 1. Exxon is expected to take the lead there. Houston-based Marathon Oil Corp. was one of three companies that bid on the projects but did not make the final cut. Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. LOCAL STORIES IRRIGATION SYSTEM HAD ELECTRICAL FIRE STEVEN AMICK of the Oregonian Staff 06/02/2001 Portland Oregonian SUNRISE D03 (Copyright (c) The Oregonian 2001) Summary: A man and his dog are electrocuted after touching an irrigation pipe An irrigation system that apparently electrocuted a man and his dog Thursday evening had been shut down recently by a fire in an electrical line, according to the property owner. William Jay Bowman, 38, was walking along the Molalla River with his dog to meet a friend to go fishing when the accident occurred. Apparently both Bowman and the dog died after touching an irrigation pipe leading out of the Molalla River, Brian Carkner, a Clackamas County Sheriff's deputy, said Friday. Edward Montecucco, who owns the land near Molalla River State Park where the accident occurred, told Carkner that the irrigation system had operated without problems since the early 1980s, but that during the Memorial Day weekend a fire in the overhead wires had shut down the pumps. Portland General Electric sent someone out this week to repair the damage and the pumps were turned back on, Montecucco told police. Jeff Mayer, a county deputy medical examiner, said an autopsy verified that Bowman was electrocuted. Bowman's neighbor Jim Newby told Carkner that Bowman left ahead of him on a trip Thursday to their usual fishing spot. When Newby arrived, he heard his brother-in-law, Michael Riggs, yelling for him to call 9-1-1. Another angler, Rick Gatchell, told Carkner he was standing in the river downstream from the irrigation pumps when he heard a "bang" from a power pole near the pipes and saw the pole shaking. Mayer, who was at the farm with PGE representatives on Friday, said he was investigating further to try to determine more precisely how Bowman's death occurred. Mayer said electrocutions involving irrigating system are rare but not unheard of. Mayer said he investigated a similar incident last year on a farm in Monitor, in which a woman died. Mayer said that the deaths should serve as warnings of the danger such equipment can pose. Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. National Desk THE NATION Bush Staff Well Invested in Energy Politics: Financial records of White House officials show past ties to industry. Several have since divested. JAMES GERSTENZANG; EDMUND SANDERS TIMES STAFF WRITERS 06/02/2001 Los Angeles Times Home Edition A-11 Copyright 2001 / The Times Mirror Company WASHINGTON -- Members of the White House staff held sizable amounts of stock in energy companies, including at least $100,000 worth of shares in Enron Corp., the giant energy marketing firm, owned by top presidential advisor Karl Rove, the Bush administration said Friday. Based on the advice of the Office of Government Ethics, the staff members are preparing to sell their investments, have already done so or have recused themselves from policy discussions involving companies they have invested in, the White House said. Financial disclosure forms released by the administration show that several of the officials had significant income and assets. Among them was Condoleezza Rice, the president's national security advisor, who held at least $250,000 in Chevron Corp. stock and had an income last year of more than $555,000, and Lawrence Lindsey, President Bush's chief economic advisor, whose income last year included a salary of about $920,000 as managing director of the New York firm Economic Strategies. The documents provided the first look at the finances of the senior staff working closely with Bush as the new administration sets course. The White House said the officials had either sold holdings in specific companies or recused themselves from discussions that could have an effect on their holdings while in the process of shedding the stocks. However, a spokesman for the Center for Responsive Politics, which studies the role of money in politics, said that while the White House staff may be meeting legal requirements, the investment in the energy industry "helps explain the very close relationship the Bush administration has with energy companies overall. "I doubt that President Bush is unaware of Karl Rove's position on the issues affecting energy companies," spokesman Steven Weiss said. Among those filing statements, Lewis Libby, Vice President Dick Cheney's chief of staff, said he kept at least $500,000 in checking and savings accounts at the Bank of America. The statements require senior officials to list assets and income in a broad range of figures, from $1,001 to $15,000, for example, or from $250,001 to $500,000. Thus, precise amounts cannot be determined. While the forms show substantial wealth on the part of some Bush aides, not all exceeded $1 million. And significant wealth in the top tier of presidential administrations is far from unusual. Similar forms filed by President Clinton's staff, for instance, showed a number of top aides were millionaires. Bush and Cheney filed financial disclosure forms several weeks ago. Bush's net worth was at least $9.9 million and Cheney's was at least $10 million--including at least $1 million in a joint checking account in the Northern Trust Bank. In addition to stock valued between $100,001 and $250,000 in Enron, Rove, who is Bush's chief political strategist, held similar amounts in American Express, General Electric Co., Pfizer Inc., Boeing Co., Johnson & Johnson, Cisco Systems Inc., Wells Fargo and Intel Corp. In an interview, Rove said he had followed the advice of the White House counsel's office "on recusing ourselves from anything that would specifically or materially affect our financial holdings." "I took part in no discussions that would specifically impact my holdings," he said, adding that he had avoided such discussions "on several occasions." Rove said he plans to sell his shares, as well as his wife's holdings, but was told by the ethics office to take no action until he receives the office's certificate of divestiture. "I have to receive a certificate of divestiture in advance of sale or pay capital gains taxes," he said, adding that he has been waiting to receive the paperwork. He signed his disclosure form on Dec. 30, 2000, three weeks before Bush was inaugurated and five days before Bush announced he was appointing Rove to the job as his strategist. Anne Womack, an assistant White House press secretary, said that some officials, although members of Bush's senior staff, were not expected to divest themselves of their holdings because their work has no effect on policy. Among them are Clay Johnson, Bush's personnel chief, and Albert Hawkins, the Cabinet secretary. "The White House counsel's office worked with each of the filers to help them meet the highest ethical standard," Womack said. "Some have divested themselves, some have been advised to recuse themselves from certain issues, and in some cases, no changes were necessary because the nature of their work will in no way affect their financial situation." Rice, for example, said she had sold her Chevron stock and nearly all her other stocks. Others with energy holdings included Libby, the Cheney aide, who reported that he had sold Texaco Inc. stock valued between $15,001 and $50,000 and lesser holdings in Enron Corp., Schlumberger Ltd., Chesapeake Energy Corp. and Exxon Mobil Corp. Karen Hughes, the president's counselor, listed oil and gas royalty interests in Pecos County, Texas, worth between $15,000 and $50,000. Johnson, whose job involves filling political positions across the administration, holds at least $100,000 in El Paso Energy Partners and at least $65,000 in oil royalties, and at least $50,000 in separate bonds from Texas Muni Power and Duke Power. Nicholas Calio, the White House director of legislative affairs--Bush's representative to Congress--holds stocks with values of at least $15,000 in each of three energy-related companies: Exxon Mobil, General Electric and Texaco. Andrew H. Card Jr., Bush's chief of staff, was a vice president of General Motors Corp., heading its office of global government relations, for which he was paid $479,000 last year. His assets ranged from $800,000 to $1.75 million, including a family home in Holbrook, Mass., and an IRA account, mutual funds and municipal bonds. Stephen J. Hadley, Bush's deputy national security advisor, had assets between $900,000 and $2.1 million; Margaret La Montagne, director of the domestic policy council, held between $100,000 and $200,000 in stock. * Times staff writers Edwin Chen and Robert L. Jackson contributed to this story. PHOTO: Bush advisor Karl Rove says he followed the advice of the White House counsel's office.; ; PHOTOGRAPHER: Associated Press Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. NEWS Davis' energy boss took thousands from power titans in run for office Carla Marinucci Chronicle Political Writer 06/02/2001 The San Francisco Chronicle FINAL A.1 (Copyright 2001) Barely more than a year before S. David Freeman was named by Gov. Gray Davis to be the state's power czar, he was showered with campaign cash from some of the same energy giants the governor has lambasted as profit-hungry "pirates" robbing California consumers. Freeman received roughly $95,000 in more than 50 contributions from energy companies, executives, unions and political action committees as a Democratic candidate in the March 2000 primary for a state Assembly seat. In April 2001, Davis named Freeman -- the former head of the Los Angeles Department of Water and Power -- his chief energy adviser, charged with representing consumer interests and pushing conservation. "These guys have us by the throat, and still do," said Freeman earlier this week in an interview with The Chronicle. "We're in a war with generators and we're going to try and protect ourselves." But campaign contribution records show that Freeman's lifelong contacts in the energy business served him well as a political candidate in the 41st Assembly District contest in the San Fernando Valley. In his unsuccessful campaign, Freeman received a $7,500 check from Kenneth Lay, who heads the Texas energy giant, Enron -- one of the Texas energy "pirates" whom the governor has accused of fleecing California consumers. And state records show a $25,000 campaign check from Roger W. Sant, chairman of the energy giant AES -- the same firm that Davis recently requested federal regulators ban from selling wholesale power in California. The governor charged that AES has illegally manipulated the market. "For citizens of California, this information should raise eyebrows," said Chuck Lewis, who heads the Center for Public Integrity, a campaign finance watchdog in Washington, D.C. "I can't call it an auspicious sign." Indeed, state documents show a "who's who" of big energy firms contributed last year to Freeman's losing Assembly campaign: El Paso Energy, Pacific Gas and Electric Co., Calpine, Sempra Energy, Edison International and Sunlaw Energy, among others. Energy-related political action committees also contributed, including the Independent Energy Producers PAC and the Texas Energy Group. There were also checks from at least two officials with the Independent System Operator, which manages California's power grid, including CEO Terry M. Winter and CIO Kellan Fluckinger. Freeman couldn't be reached for comment yesterday, but Davis' spokesman defended Freeman as a tough consumer advocate and highly respected energy expert. "That was then, and this is now," said Steve Maviglio, Davis' spokesman, of the campaign contributions. "If you look at David's statements and actions since he's been on board, he's been harshly critical of those who gave him contributions." Noting that Freeman was on national television yesterday lambasting energy firms, Maviglio said, "David is one of the most prominent people in the energy business in the U.S. It's natural people in the energy business would contribute to his campaign, but I don't think it's affected his rhetoric or his actions." Freeman, 76, a Tennessee native, served four presidents as an energy adviser, dating to the Kennedy administration when he was a member of the Federal Power Commission. He was chosen by President Jimmy Carter to lead the Tennessee Valley Authority, the largest public power agency in the country. CONFLICT QUESTIONS RAISED But critics say checks from energy giants to Freeman's Assembly campaign raise questions of a conflict of interest -- and underscore troubling issues of campaign finances. "It certainly brings into question the independence of the people who are advising (Davis)," said Steve Weiss, who heads the Washington, D.C., Center for Responsive Politics, a watchdog group. "It would be difficult to envision a scenario where (a candidate) getting huge amounts of money from an industry is going to completely ignore that industry when policies affecting it come up." Lewis said Freeman's contributions dramatize his reputation as "a well-connected fellow." "He knows the titans of the industry, and the sitting governor of California," Lewis said. "So financially and politically, he's wired. Energy companies understand he's a player, and they want to influence him and impress him." But Freeman's largesse from energy firms is hardly shocking. DONORS ARE SAVVY "The energy companies are probably as smart about the campaign checks they write as they are about business decisions that result in huge profits," Weiss said. "Campaign contributions are an investment. They give to (someone) they feel can help them out at a later date." And they have no partisan loyalty: Lay ranked as one of President Bush's biggest contributors, while Enron was the largest energy contributor to GOP causes. Still, Republicans seized on the revelations, saying they underscore Davis' inability to solve the energy crisis. "This is one more piece of evidence suggesting the hypocrisy of this whole sordid affair," said GOP strategist Mark Bogetich. "You have the governor trying to demonize state energy companies" while Los Angeles water and power tries to make the same profits. "Then the governor names the head of that agency to be his energy czar." Freeman had lived just two years in the 41st Assembly District when he campaigned last year to represent the area. At the time, he was on leave from his job heading the Los Angeles power agency. Freeman, in press accounts of the campaign, said the strong support he received from big out-of-state companies wasn't relevant. STANDING ON RECORD "I think what people like about me is my life's work -- 25 years of protecting the environment and saving taxpayers money," he said at the time. Davis selected Freeman, a lifelong advocate of conservation, in January to negotiate long-term electricity contracts when the state began buying power on behalf of the cash-strapped utilities. In April, Davis announced Freeman's role as the state's top energy adviser. ----------------------------------------------------------------- Energy contributorsSome energy industry contributors to S. David Freeman's unsuccessful campaign for the Assembly: -- Roger W. Sant, AES Corp. chairman: $25,000 -- Texas Energy: $9,000 -- Edison International: $8,000 -- Kenneth Lay, Enron CEO: $7,500 -- Pacific Gas and Electric Co.: $5,500 -- Calpine: $1,000 -- El Paso Energy Service: $1,000 Source: Campaign finance reports, Secretary of State's office PHOTO; Caption: S. David Freeman Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved. A Section Bush Aides Disclose Finances; Several Tied to Enron; Speaking Fees Boost Matalin Income Susan Schmidt and John Mintz Washington Post Staff Writers 06/02/2001 The Washington Post FINAL A05 Copyright 2001, The Washington Post Co. All Rights Reserved The odd couple of American politics, White House aide Mary Matalin and Democratic strategist James Carville, racked up $3.4 million in speaking fees last year, according to financial disclosure forms released yesterday. Matalin, a senior adviser to Vice President Cheney, was required to stop her lucrative appearances when she joined the Bush administration in January. She appears to be one of the wealthiest White House aides, with investments valued at between $3.9 million and $9.7 million. Besides her speaking fees, she reported $244,581 in income last year from hosting the CNN television show "Crossfire." Karl Rove, a senior political adviser to President Bush, reported assets totaling between $2.3 million and $5.5 million. Cheney's chief of staff, lawyer I. Lewis Libby, reported holdings of $2.4 million to $5.4 million. The disclosure forms for 18 top White House officials, released by the administration in response to requests from news organizations, show that a number of senior aides have financial ties to the Texas energy firm Enron, either as owners of its stock or as paid consultants to the company. Bush economic adviser Lawrence B. Lindsey received $50,000 last year for consulting with an Enron advisory board, and Rove owned Enron shares worth up to $250,000. Rove's disclosure document noted he planned to sell all stock in individual companies, which included holdings of similar size in such firms as General Electric and Pfizer. Enron was one of the biggest contributors to Bush's campaign, and its chairman, Kenneth Lay, has been close to the president and his father for many years. Lay has wielded considerable influence in shaping the president's recently announced energy plan. Lindsey reported an annual salary of $918,785 from his consulting firm, Economic Strategies Inc., where he has worked since 1997 advising financial companies and large international firms. In addition, he reported a $50,000 consulting fee from Crow Family Holdings, a real estate investment business in Dallas; another of the same size from the Moore Capital hedge fund; and $62,228 in salary from the conservative American Enterprise Institute. Lindsey reported an investment portfolio of between $586,000 and $1,340,000. That sum may have been held down by his decision several years ago to sell off his stock market holdings because he was convinced that the economy was headed for trouble and, in his own words, "so I can sleep at night." Lindsey's remaining portfolio is heavy in bonds -- he owned up to $500,000 in a Fidelity bond fund, and up to $100,000 in high-yield corporate "junk" bonds -- as well as U.S. Treasury inflation-indexed bonds and some gold mine investments. Several other Bush aides revealed substantial income during previous jobs in the private sector. White House Chief of Staff Andrew H. Card Jr. reported making $479,138 last year as General Motors Corp.'s vice president for government relations and chief lobbyist. His deputy, Joseph W. Hagin, made $368,660 as vice president for corporate affairs at Chiquita Brands, the politically wired banana company. Nicholas Calio, Bush's director of legislative affairs, reported making $947,671 last year from his lobbying firm, O'Brian Calio. He added that he divested his share in the partnership last month and expects to receive a lump sum next year. National Security Adviser Condoleezza Rice reported selling her stock holdings in Chevron Corp., on whose board she served; they had been worth between $250,000 and $500,000. She received director's fees of $60,000 from Chevron and made $243,000 as Stanford University's provost. Although the White House released the disclosure statements for 18 top aides, about 100 senior employees had to submit the forms, revealing their exact income but listing their assets and liabilities only in broad ranges. Those who own stock in companies with business before the government must recuse themselves or sell down their stock to less than $5,000 worth. According to the form filed by Matalin, she made $1.35 million for speaking appearances last year and Carville made $2.1 million. In many cases, they appeared together -- earning fees of $16,000 each, for example, for speeches to such companies as Philip Morris, GE Capital, Microsoft, Seagram's, Time Inc. and Chase Manhattan. Carville may find it difficult to step up his pace to make up for the loss of his wife's hefty income. He was on the road constantly last year, making 154 appearances around the country. http://www.washingtonpost.com Copyright , 2000 Dow Jones & Company, Inc. All Rights Reserved.