HARVEY RICE Copyright 2002 Houston Chronicle
SACRAMENTO, Calif. -- Bulging boxes holding thousands of
Enron documents line the walls four high in the offices of the Energy Task Force
on the 18th floor of a downtown building leased to the California Attorney
General's Office.
Some of the task force's 85 attorneys are sifting through
more than 400 boxes of documents and 400 computer disks, the equivalent of about
2,500 more boxes of paper documents.
The task force takes up half the 18th
floor and has similar-size branch offices in Oakland and San Francisco. With a
budget of $9.7 million, it shows the importance that California attaches to
finding out what caused the 2000-01 power crisis.
"It's a huge deal for us,"
said Senior Assistant Attorney General Tom Greene, who heads the task force.
The attorney general's investigation is only one of several under way by
state and federal agencies. The investigations are beset with political
maneuvering, squabbling between state and federal agencies and criticism from
the power industry.
Enron looms large in the investigations, although other
energy companies are targeted as well.
It was a top Enron trader, Tim
Belden, who pleaded guilty last month to criminal manipulation of markets, a
development that grew out of Enron's release of two memos outlining manipulation
devices that reinvigorated the investigations in May.
"Enron was the most
influential formal market participant on the playing field," said Eric
Saltmarsh, acting executive director of the California Electricity Oversight
Board.
Although Enron's direct share of power sold to California was small,
when the power sold by Enron to a third party and resold to California is taken
into account, the company may have controlled 30 percent of the trading market,
according to Greene and Saltmarsh. Industry analysts and other government
agencies say that figure is vastly inflated and relates only to trades, not
actual supplies.
The investigation is proceeding on several fronts:
The
effort by the office of state Attorney General Bill Lockyer is probably the
largest. The Energy Task Force has filed at least 70 legal actions before the
Federal Energy Regulatory Commission and state and federal courts in an attempt
to recover billions of dollars it alleges was bilked from California ratepayers
by energy companies.
The largest action asks the FERC to refund $8.9 billion
to California ratepayers.
Lockyer made it clear long before evidence turned
up implicating Enron that he wanted to prosecute Ken Lay, then the company
chairman.
"I would love to personally escort Lay to an 8-by-10 cell that he
could share with a tattooed dude who says, `Hi, my name is Spike, honey,' "
Lockyer told the Wall Street Journal.
So far, Lockyer's office has brought
no criminal prosecutions.
The only criminal prosecution stemming from the
energy crisis has come from the newest investigation. The office of Kevin Ryan,
U.S. attorney for the Northern District of California, began its grand jury
investigation after the Enron memos were made public in May.
His prosecutors
obtained a guilty plea Oct. 17 from Belden on a charge of conspiracy to commit
wire fraud. Belden, who headed Enron's West Power Trading Division in Portland,
Ore., is cooperating and is expected to lead them to others.
Last Friday,
Ryan's office also served subpoenas on Duke Energy Corp., AES Corp. and Williams
Cos. The FERC is also investigating the Charlotte, N.C.-based Duke and the
Tulsa, Okla.-based Williams.
The California Senate Select Committee, under
the flamboyant Sen. Joe Dunn, a Democrat from Orange County, has kept the
investigation in the spotlight.
He has accused the Independent System
Operator, created by California's 1996 electricity-deregulation law to manage
the power grid, of manipulating the market and has called for the resignation of
its director.
His committee persuaded the Senate to hold Enron in contempt
for failing to produce some documents and forced Ross Perot to testify about
allegations that Perot Systems Corp., the computer-services company he founded,
tried to teach energy companies how to manipulate the deregulated market.
"The committee made it impossible politically for market manipulation to be
ignored," said Larry Drivon, chief counsel for the committee. "I think more
revelations are coming than most people realize there are."
The
California Public Utilities Commission was one of the first state agencies to
suggest that the market was being manipulated. But early on, it turned the
investigation over to the attorney general's office, PUC President Loretta Lynch
said.
The PUC investigation had focused on power generators and in September
issued a report alleging that Dynegy, Reliant, Duke Energy, Mirant, AES and
Williams kept power plants idle or off the market during the height of the
energy crisis.
The Independent Systems Operator issued a report this month
questioning the PUC allegations, but Lynch said she stands by the report and
that the commission will issue a rebuttal within weeks.
The FERC is
investigating a finding by an administrative law judge that Houston-based El
Paso Corp. withheld capacity on a major interstate natural gas pipeline, driving
up the cost of operating gas-fired generating plants during the electricity
shortage. The company vigorously disputes the finding.
The commission has
scheduled a hearing on the matter Dec. 2.
FERC officials also have been
studying Enron Corp.'s former online trading system, Enron Online, to determine
if it was employed to manipulate the system, said Donald Gelinas, the
commission's associate director for the Office of Markets, Tariffs and Rates.
FERC officials are scheduled to testify Tuesday before the Senate
Governmental Affairs Committee to discuss the agency's oversight of
Enron.
The Oregon and Washington state attorneys general are
cooperating with Lockyer's investigation as they pursue their own probes. The
power crisis in California spilled into other Western states, causing a 40
percent increase on some days in Oregon rates, said Kevin Neely, spokesman for
the Oregon attorney general's office.
Cheryl Reid, spokeswoman for the
Washington attorney general's office, said the price per megawatt in that state
spiked from $30 to $3,000 at one point during the crisis.
The Oregon Public
Utilities Commission is trying to determine whether Enron subsidiary Portland
General Electric and other power suppliers owe refunds to consumers because of
market manipulation. PUC spokesman Bob Valdez said the commission wants to know
whether a regulatory firewall between Portland and Enron was breached, whether
FERC codes of conduct were violated or PUC orders disregarded.
The
investigations are complicated by a strain between the FERC and the California
agencies, who have accused the federal agency of being slow to act.
"We have
to give everybody due process," FERC spokesman Bryan Lee said in response.
Spokesmen for the energy industry praise the FERC, but call the state
investigations useless and a damper on the state's business climate.
"I
would say 99 percent of it right now is driven by politicians," said Jan
Smutny-Jones, executive director of the Independent Energy Producers.
Gary
Ackerman, executive director of the Western Power Trading Forum, said,
"Politicians are getting a lot of heat to do something, and throwing lawsuits
around is one way to get a lot of press."
But Frank Wolak, a Stanford
economist and member of the FERC Market Surveillance Committee, said the state
was forced to take action because the FERC failed to do it.
"I'm certainly
sympathetic to Jones' and Ackerman's perspective, but what do you expect?" Wolak
said about the state investigations. "What are they going to do, just say we
will ignore this sequence of events?"
David Ivanovich, of the
Chronicle's Washington Bureau, contributed to this report.
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