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NEWS RELEASE
Jan 29, 2001

Governor Davis' Abdication To Wall Street Will Cost Ratepayers Billions

Consumer Group Calls For Retail Rate Regulation, Other Public Controls
The Foundation for Taxpayer and Consumer Rights said today that, as the Governor and legislators deal with the energy crisis, the statehouse has become "Wall Street West" with an invasion of New York investment bankers playing pivotal roles. The group warned that Governor Davis' capitulation of leadership to these Wall Street bankers threatens to turn any reasonable solution to the power crisis, which must include stringent public controls, into a continuing market debacle.

"With the Wall Street bankers for these companies making policy in Sacramento, the market incentive system responsible for Californians' energy woes is likely to continue with the public paying a multi-billion dollar price to prop it up," said Harvey Rosenfield, FTCR's president.

"Market-based solutions, which caused the crisis, will not solve it," said Jamie Court, executive director of the FTCR." However, Wall Street West's influence is undermining support for public controls such as public ownership of transmission lines and restoration of retail rate regulation which would prevent another crisis."

The deregulation deal that spawned the electricity crisis replaced the legal obligations to provide electricity with market incentives to do so. The system went haywire because making money, not assuring adequate supply, is the real market incentive. Power producers' profits have skyrocketed, in fact, precisely because of the artificial shortages created by the unprecedented number of their mysteriously crippled power plants, as well as the reluctance of the generators to build new plants since that would undermine their ability to manipulate supply. The resulting speculative run-up in price does not reflect the actual cost of producing the energy, but its inflated value in the tight market. This is why power producers are reaping windfall profits for the quarter.

o Goldman Sachs, poised to become the state's financial advisor on electricity, has been a banker for the state's largest utility, is involved in energy trades and owns a company that sells natural gas to power generators. It has every incentive to maintain the market incentive system rather than support a publicly accountable power system.

o Credit Suisse First Boston has on its client list power generators that sell electricity to the state, yet its investment bankers drafted industry bailout legislation for Assembly Speaker Bob Hertzberg. The company's analysts can hardly be relied on for impartial advice to benefit the public since one of them optimistically advised investors to keep faith in the energy market because the California electric grid was not in real trouble, but simply being used as a negotiation lever. "The rolling blackouts in California are more likely to soften up the Legislature and the voters to the need for a rate increase than they are indicative of a permanent 'when the lights went out in California' scenario," the Credit Suisse analyst wrote."The 'unthinkable' rarely will be permitted to happen."

Californians experienced the first statewide rolling blackouts since World War II only this month because, under the old style public utility system, the corporations generating and distributing the energy had a legal obligation to keep supply available. There is little talk in the capital of restoring such legal obligations.

"Strikingly missing from the negotiation table in Sacramento, undoubtedly due to the influence of Wall Street West, is a plan to return to electricity rate regulation and impose a windfall profits tax on power generators," said Court.

The only reason retail prices are temporarily capped today is because, in 1996, rates were temporarily frozen at rates 50% above then market level and the public paid $20 billion of the utility companies' bad debts.

"When those caps are lifted, without new public controls, the ratepayer will be at the mercy of the vicissitudes of the market once again," said Rosenfield.






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