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The crisis brought on by California's energy deregulation is showing
no signs of letting up. On March 28, state regulators increased
electricity rates by 46 percent, the second rate hike in three months.
Two weeks later, Pacific Gas and Electric
(PG&E)--the state's largest utility--filed for bankruptcy. The second-largest
utility, Southern California Edison,
says it could be next. California is now expecting at least 34 days
of rolling blackouts this summer.
Meanwhile, executive orders from Democratic Gov.
Gray Davis have gutted the state's legendary environmental laws
to allow the construction of at least 25 new natural gas power plants--most
of which will be built in low-income and minority communities. To
keep the lights on, the state government has bought billions of
dollars in electricity on the expensive spot market. Because the
state hasn't passed the entire cost of the power on to consumers,
the spending spree is likely to jeopardize health care and education
programs when the legislature approves the state budget in June.
At corporate headquarters, however, times have never been better.
Quarterly reports
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Poor neighborhoods will house
most new power plants.
SUSAN RAGAN/REUTERS
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issued in late April show gigantic profit increases for every company
that owns power plants in California. Houston-based Enron
(George W. Bush's largest lifetime campaign contributor) posted a
281 percent increase in revenues over the first quarter of 2001. Reliant
Energy, which is headquartered across the street from Enron, doubled
its profits for the same time period.
Meanwhile, both companies are refusing to cooperate with an antitrust
investigation launched by California Attorney General Bill Lockyer,
who contends the generating companies are "gaming the market" by
strategically taking their plants off-line for unnecessary "unscheduled
maintenance" to keep prices high. The companies say they won't hand
over internal documents the attorney general subpoenaed until he
agrees to keep them private--a move Lockyer is not willing to consider.
The parent companies of California's utilities also are turning
handsome profits. After the state deregulated its energy market
in 1996, PG&E and Southern California Edison transferred a combined
$9 billion out of their utility companies to their corporate parents.
Those funds were used to buy power plants in New England, New Zealand,
Great Britain and South Africa--ventures that are reaping hefty
returns. Even the managers of the failed utility companies are making
out quite well. PG&E executives Gordon Smith and Bob Glynn gave
themselves bonuses immediately before filing for Chapter 11. According
to the Securities and Exchange Commission, PG&E filed for bankruptcy
with nearly $3 billion in the bank. "Even a blind pig can figure
out that there's price gouging in that kind of market," says Loretta
Lynch, chief of the California Public Utilities Commission.
As In These Times went to press, the Federal
Energy Regulatory Commission (FERC) agreed to impose temporary
price controls on electricity during energy emergencies, but the
ruling falls far short of the price caps many Democrats are advocating.
In the absence of substantial federal price controls, progressive
legislators are advocating a combination of plant seizures, punitive
taxes and conservation measures, a plan Davis has only partially
endorsed. Although the governor recently signed two bills allocating
$850 million for energy conservation programs this year--the most
ever by any government entity in America--he used the line-item
veto to nix nearly $350 million for energy-efficiency programs targeted
at working- and middle-class families.
Davis is even more timid when it comes to the idea of taxing the
generating companies into lowering their rates. While he has said
he would be open to tax increases for companies that make more than
100 percent profit, he hasn't said he would sign such a bill. Because
of that, the tax measures are moving slowly through the legislature.
Davis has been even less willing to take on utility companies directly
through plant seizures, a proposal he talked about in his State
of the State address in January but has since abandoned. Because
he declared a state of emergency, the governor can order an immediate
takeover of any facility while leaving the price to be negotiated
over time. Consumer advocates see plant seizures as the only way
out in the near future. "We've got to rein in these power gougers,"
insists Nettie Hoge of the Utility
Reform Network. "Until we show them who's boss, the prices will
just go up and up."
"If they seize one of our power plants, we will turn California
into Indonesia," threatens Jan Smutty-Jones, president of the Independent
Energy Producers Association, the power plant lobby. Smutty-Jones
says private companies would leave California immediately if the
state cracks down on price gougers, causing a massive shortage of
electricity and rolling regular blackouts. He says member companies
would have a similar response if the state enacts the profits tax.
Left-leaning California lawmakers have an answer to that: "If they
don't want to do business here that's fine with me," says state
Treasurer Phil Angelides. "That's where we step in with a California
Power Authority. If they don't want to build plants here, we will--and
the California Power Authority won't gouge California consumers."
Angelides adds that cities relying on municipally owned power grids
are doing fine. Consumers in Sacramento, Los Angeles and a host
of smaller Northern California and Central Valley cities own their
own utilities. Consequently, they have not been affected by the
power crisis. Says Angelides, "There's a lesson in that." 
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