-Caveat Lector-

Utilities fought attempts to boost power supply, monitoring in '90s

BY CHRIS O'BRIEN Mercury News

The state's three largest utilities blocked attempts to build more power
plants six years ago despite a key state commission's prediction that they
were needed because California's demand for electricity would begin to
soar.

At the time, the utilities called those forecasts of increased demand -- since
proven frighteningly accurate -- outrageous. They appealed to the federal
government, which overruled the state's efforts to increase the supply of
electricity. To settle their dispute with the state, the utilities then chose to
pay energy companies more than $100 million not to build new plants.

That battle was fought primarily by Southern California Edison and San
Diego Gas & Electric Co., which insist those plants would make little
difference in the present energy crisis. But critics -- and even one PG&E
Corp. executive -- say that, if those 1,400 megawatts had come online in
1998 as planned, they would have eased the current energy crunch.

But the impact of the utilities' actions also goes well beyond the loss of that
electricity. The battle over those plants derailed the state's process for
monitoring energy needs and for ensuring that enough power plants are
built. When demand did surge, it was no one's job to pay attention. And by
the time the state's process for approving new power plants got back on
track after deregulation in 1996, the state had already fallen too far behind
when shortages began forcing rolling blackouts last month.

``San Diego Gas and Electric and Edison went out of their way to make
sure these plants didn't get built,'' said Jan Smutny-Jones, executive
director of the Independent Energy Producers. ``If those plants had gotten
built, they would be making a significant contribution to keeping the lights
on in California.''

President Bush and energy companies are fond of saying that California
failed to build any power plants for more than a decade because of red
tape and out-of-control environmentalists.

Closer to home, the three big utilities try to deflect blame by claiming there
was a surge in demand for electricity that nobody could have predicted.

Neither claim is true.

California stopped approving major power plants projects in 1986 after a
flood of them were built in the early 1980s. In addition, during peak
demand, the state could buy as much as one-third of the power it needed
from its more sparsely populated neighbors such as Arizona.

But by 1992, the California Energy Commission, the agency that licenses
and approves new power plants, saw those conditions changing.
Population in neighboring states was rising fast, leaving less electricity to
sell to California. And, with projections that the state's recession would end
in the mid-1990s, California's population and economy were expected to
boom in the latter half of the decade.

Energy forecast

The agency's 1992 biennial forecast of the state's energy needs projected
that peak demand for electricity would grow from 47,813 megawatts in
1995 to 58,864 megawatts in 2000. Two years later, the commission
revised its 2000 forecast downward to 55,819 megawatts.

The state's actual peak demand for 2000 turned out to be 54,110
megawatts.

``We felt those were conservative estimates at the time,'' said Claudia
Chandler, an assistant executive director at the energy commission. ``In the
five-year time period, we expected to see an average growth of 2 percent
each year. That was taking into account energy efficiency and population
growth.''

The commission passed its forecast to the California Public Utilities
Commission, which regulates the state's utilities. The PUC's analysts
crunched some numbers and determined that the three utilities would need
an additional 1,400 megawatts by 1998.

Law aimed for competition

Under a 1978 federal law intended to spark competition, the PUC decided
to require the utilities to contract with independent companies to generate
the power. Those companies then would build enough plants throughout the
state to supply the projected shortfall.

The utilities vigorously objected.

``Edison does not need any additional power until at least 2005,'' John
Bryson, chairman and CEO of Southern California Edison Co., wrote in a
1994 letter.

Besides believing extra power wasn't needed, the utilities didn't want to
sign long-term contracts because deregulation was around the corner. And
they opposed the auctions the PUC set up to award contracts. Under the
rules, some of the contracts would be awarded to generators who would
sell environmentally friendly power, which would cost the utilities much
more.

In 1995, San Diego and Edison appealed the PUC's auctions to the
Federal Energy Regulatory Commission. Pacific Gas & Electric Co. did
not join in because it was in an awkward position. A PG&E joint venture
had won several contracts to build power plants in San Diego and Edison
territory.

A month later, the regulatory commission overruled the PUC auctions on a
technicality, saying it was illegal to set aside part of the auction for
environmentally friendly power. But federal energy officials also expressed
skepticism about the demand forecasts.

``While we have grave concerns about the need for this capacity and the
staleness of the data relied upon by the California Commission, we do not
reach a definitive conclusion on these issues,'' the federal officials wrote in
their decision.

The regulatory commission didn't order the plants not to be built. Instead, it
told the PUC to fix the process so it didn't violate federal law.

This put the PUC in a bind.

The PUC had one state agency telling it there was a need for more power.
It had utilities saying this wasn't true. And it had energy companies that had
spent millions of dollars preparing bids and that might decide to sue the
state to recoup those costs.

So the PUC tried for compromise. Rather than hold new auctions, the
commission gave the utilities three options: Negotiate new cheaper
contracts with the auction winners, which would have led to plants being
built; sign options with the winners in case the utilities wanted plants built
later; or pay a settlement to bidders in exchange for withdrawing their bids.

Edison signed options with two bidders, but the three utilities chose to
settle with all of the other bidders. The San Diego utility agreed to pay $5.1
million to three bidders and is still negotiating with two others. Edison will
pay $92.1 million to 10 bidders. And, in a little noticed decision issued in
December even as the current energy crisis was in full swing, the PUC
approved PG&E's proposal to pay $9.5 million to three bidders.

Art Larson, a spokesman for Sempra Energy which owns San Diego Gas
& Electric, points out the utility proposed in 1993 to expand its plant in
Chula Vista. But the project was delayed by community opposition and was
later dropped when deregulation was passed and the utilities were
encouraged to get out of the generation business.

Shortage in dispute

Edison officials deny there is really an electricity shortage today. They
believe the root cause is unscrupulous energy traders who are shutting
down some plants to create a shortage and drive up prices.

``There's no correlation in the market between the price being charged and
the supply,'' said Bob Foster, an Edison executive. ``Withholding is going
on in this market.''

How much difference would 1,400 megawatts make today? It's hard to
know for sure.

But when Northern California experienced rolling blackouts last month, the
Independent System Operator -- the agency that runs the state's electricity
grid -- had to curtail power use by 500 megawatts on Jan. 17 and 1,000
megawatts on Jan. 18. Earlier, on Dec. 7, to avoid rolling blackouts, the
ISO asked customers to curtail their use by 1,593 megawatts.

``I would say that given today's situation, any additional megawatts would
have helped ease the shortage of supply we're facing today,'' said Tom
Bottorff, system operator a PG&E vice president, who sat through a
number of hearings on deregulation in the mid-1990s.

But critics of the utilities say that almost as disastrous as the failure to add
1,400 megawatts to the state's electricity grid was the dispute's
undercutting of the process for determining power needs and meeting
those needs.

With utilities and federal officials deriding the energy commission's
projections, its influence dimmed. And after state lawmakers drew up the
deregulation law in 1996, the agency was told that its biennial demand
forecasts were no longer needed.

``It triggered criticism that we don't need to forecast demand,'' the energy
commission's Chandler said. ``Everyone said the market would determine
what the need was and what would come online. But the fallacy is: Who is
looking at the whole system?''

By 1997, the battle had lasted five years and resulted in no major power
plants being built.

Since then, nine power plants that will generate 6,278 megawatts have
been approved, but the first won't be running until summer.


Mercury News Staff Writer Brandon Bailey contributed to this report.


Contact Chris O'Brien at [EMAIL PROTECTED] or (415) 477-2504.


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