SACRAMENTO -- Despite the
hundreds of thousands of dollars Enron spent trying to influence
California's energy debate in the 1990s, including timely donations to key
politicians, its most lasting accomplishment was almost
intangible:
It helped persuade state officials that electricity
ought to be subject to market
forces.
"The idea that you could
commoditize everything and trade everything--and that government was
foolish and wasteful and ineffective compared to the market--that faith
was the one they had really imparted to everyone," said V. John White,
executive director of the Center for Energy Efficiency and Renewable
Technologies. "It was intellectual domination, in part because nobody
wanted to defend the status quo." Enron invested more time and money in
the debate than any other energy company, say lawmakers, consumer
advocates, utility officials and others who in the 1990s helped shape the
new competitive electricity market. But, they say, more often than not the
company failed to win what it sought.
Today, as the firm faces
bankruptcy, congressional hearings and criminal investigations, its role
in California is relatively small. It plans to build a power plant near
Sacramento, and it continues to supply electricity to some large
businesses and college campuses.
In June 1994, with California
debating how to deregulate its electricity industry, a top Enron official
promised California "enormous" savings if companies like his could compete
for the state's utility customers.
Jeffrey Skilling, then chief of
Enron's natural gas group, tossed out a figure of $8.9 billion a year.
Then he told the Public Utilities Commission just what that could
buy.
"You can triple the number of police officers in Los Angeles,
San Francisco, Oakland and San Diego," Skilling said, "and you could
double the state of California construction budget for
hospitals.
"And you could double the number of teachers in Los
Angeles, San Francisco, Oakland and San Diego," he went on. "You could pay
all the interest on the California state debt."
"The stakes are
huge," Skilling told the PUC, "and every minute that we delay bringing
competitive markets to California allows the meter to keep
ticking."
The company didn't make its case with words
alone.
In April 1994, for example, Enron gave $10,000 to Republican
Gov. Pete Wilson just one day before his appointees on the PUC issued a
historic document declaring their support for deregulation.
In the
following years, as debate solidified into concrete proposals, Enron's
contributions to politicians and its stable of lobbyists
expanded.
By 1998, the company's donations to California
politicians topped $100,000. That included $25,000 to Gray Davis'
successful campaign for governor and $20,000 to his Republican opponent,
Dan Lungren. State Sen. Jim Brulte (R-Rancho Cucamonga), the author of the
1996 deregulation law, got $4,000.
The company gave $172,000 to the
state's politicians in 2000 and $78,500 last year.
Thousands Spent
on Payments to Lobbyists
From 1991 through 1996, Enron's payments
to lobbyists ranged from $30,000 to $70,000 each year. By 1998, it was
paying nearly half a million dollars for lobbyists working the Legislature
and PUC.
The company also gave $100,000 to the host committee for
the 2000 Democratic National Convention in Los Angeles, for which
then-Mayor Richard Riordan, now a Republican candidate for governor, was
the lead fund-raiser. Last May, then-Enron Chairman Kenneth L. Lay met
with Riordan to talk about the company's solutions to the state's energy
crisis.
For all that, though, many observers say Enron influenced
California deregulation most by way of Washington, not
Sacramento.
"The entire electric restructuring agenda on a national
level was an Enron agenda," said state Sen. Steve Peace (D-El Cajon), who
led the Legislature's effort in 1996 to shape deregulation. "They had such
control and influence over [federal regulators] that that in turn put
California in a place where we had no choice."
The PUC, under
pressure, set out in 1993 to overhaul its 80-year-old system of regulating
the monopolies of Pacific Gas & Electric, Southern California Edison
and San Diego Gas & Electric.
Enron jumped into the
fray.
"The fact that Skilling was in PUC meetings was an indication
of how important we thought this was," said Dave Parquet, an Enron vice
president who has been with the company in California since
1993.
Few Other Companies Follow Enron's Lead
Few other
energy companies followed.
Most of the ones that would later come
to dominate the California market--Reliant Energy, Duke Energy and Mirant
Corp., for example--did not hire lobbyists or begin giving campaign
contributions until after 1997, when they bought the power plants that
PG&E, Edison and SDG&E were forced to auction under
deregulation.
"Enron did spend a lot of money on this," said Robert
Michaels, an economics professor at Cal State Fullerton who has worked as
a consultant for the firm. "Enron was essentially the only company other
than the utilities that had the resources and motivation to send lawyers
and experts to thousands of working groups and hearings."
The PUC
eventually narrowed its proposals for opening the electricity industry to
competition to two. The first, pushed by former Commission President
Daniel Fessler, was known as "poolco." It involved the creation of a new
agency that would both operate the transmission grid and run a market.
Electricity prices in the "pool" would be set hourly based upon supply and
demand.
Enron hated the idea.
"We opposed the concept of the
pool," Lay said in an interview with The Times last January. "Markets work
when consumers and suppliers interact with each other....Each knows what
the other wants and can do, and in the process creative things start
occurring and all kinds of new products get developed. And when you go
through a [pool], all that gets screened out."
Enron backed a
second proposal, carried by former PUC member Jesse Knight, known as the
"bilateral" approach. Under such a market, buyers and sellers would cut
their own deals secretly. The job of making sure electricity flowed
smoothly on the grid would be left to an agency that acted like a neutral
air traffic controller, but didn't buy or sell electricity
itself.
In the summer of 1995, the utilities, their biggest
customers and private power plant owners tried to find a way around the
deadlock at the PUC. They settled on a compromise approach.
There
would be a market called the Power Exchange, with prices set hourly, as
Fessler proposed. But it would be separated from the grid-operating
agency--the California Independent System Operator--which would run its
own small market for the last-minute flow of electricity needed to avoid
blackouts.
With much political heft backing this compromise, the
PUC voted for it 3 to 2 in December 1995. Knight's bilateral approach was
narrowly rejected.
"I lost," he said. "I lost fairly."
Some
argue that Enron, realizing that Knight's proposal would fail, lobbied for
the separation of the Power Exchange and Cal-ISO because it would be
easier for the company to manipulate.
"Enron was very, very
insistent on what came to be called the market separation rule," said Paul
Joskow, a Massachusetts Institute of Technology economist who worked for
Edison as a consultant. "Those of us who participated warned the
commission that there were significant potential dangers
there."
Mike Florio, a senior attorney with The Utility Reform
Network and a member of the board that oversees Cal-ISO, said he is
convinced that a more integrated approach would have spared California the
worst of the soaring prices that lasted from June 2000 to June
2001.
"With the ISO and [the Power Exchange] being separate," he
said, "none of the market monitors could see the whole picture ... so it
was possible for people to play games much more easily without being
detected."
In spite of all its efforts to shape California's
electricity market, Enron never became a major player once it
opened.
The company does not own any power plants in the state but
instead acts as a middleman, buying and selling megawatts in a daisy chain
of deals.
Officials with Cal-ISO and the state Department of Water
Resources, which began buying electricity on behalf of the cash-strapped
utilities in January 2001, say they don't do a lot of business with
Enron.
In January, February and March 2001, for example, less than
2% of the electricity purchased by the water department came from Enron
Power Marketing Inc.
Rate Freeze Thwarts Retail Market
Plan
Wholesale electricity was never Enron's main concern in
California. More than anything, the company wanted to create a thriving
retail market where it would compete to buy electricity on behalf of
utility customers, from computer chip manufacturers to apartment
renters.
Such choice in electricity service providers was a
keystone of California's deregulation plan. But by 1998, the company had
given up signing any new residential customers and was complaining loudly
that California's deregulation rules made competition next to
impossible.
The biggest problem, said Enron Vice President Parquet,
was that the Legislature froze residential utility rates as part of the
1996 law that slightly modified the PUC's deregulation plan.
With
frozen rates, Parquet said, utility customers had no reason to shop and
Enron could not find electricity to sell at a better price.
So far,
despite having filed for bankruptcy, Enron continues to provide about
1,200 megawatts at peak to customers it recruited during the brief heyday
of choice in California's retail electricity market.
But state
power buyers are prepared for the worst, ready to step in to fill the gap
should the troubled company suddenly fail to meet its
commitments.
Today the hub of Enron's activity in California is the
permitting of a 900-megawatt power plant in Roseville, a far cry from the
robust market it set out to manage.
The problem, said Parquet, is
that California never delivered a true market. "I would hate for people to
go back and say, 'See, deregulation did not work,' " he said. "Because it
was not deregulated, it was re-regulated."
*
Times staff
writer Jeffrey L. Rabin contributed to this report.


