If power is as much a public need as roads -- and it is -- there's
good reason to want it regulated by state government.
It's a pet idea of Gov. Arnold Schwarzenegger and his new chief of
staff, Susan Kennedy: Return electricity deregulation to
California, and this time do it right.
Their thinking goes like
this: The discredited 1996 deregulation plan was sheer foolishness
and an invitation to disaster because it tried to combine price
limits with total freedom for generating companies to milk the
market for whatever they could get. Rather, they believe, the
generators should be given free rein without any limits on what
they can charge.
But the continuing fallout from the energy crisis of 2000-2001
provides a spate of evidence that any return to deregulation would
be an invitation to a future disaster of at least similar scope to
the one of five and six years ago, when rolling blackouts became
regular occurrences.
The two latest pieces of the puzzle: 1) Houston-based Reliant
Resources agreed to settle market manipulation charges from the
crisis for more than $500 million, bringing the total in fines and
settlements against generators above $5 billion. That begins to
approach the $9 billion former Gov. Gray Davis often said was
stolen from Californians by electric companies. And 2) Calpine
Corp., the San Jose-based generating giant whose stock soared
during the crisis, declared bankruptcy and begged a federal judge
to allow cancellation of contracts that provide a large part of
California's power.
The Reliant settlement puts that firm in the same league with
Enron, Mirant, Duke Power and the Williams Companies, all
out-of-state firms that have settled claims they bilked
Californians when they had the chance. No one asserts human nature
has changed since 2001, so deregulating further than today's ad
hoc mishmash of regulation and price freedom promises to invite
more cheating.
The Calpine bankruptcy, meanwhile, provides firm evidence that
deregulation cannot be done without great risk to electric
customers. For Calpine, which operates 41 generating plants in
California and supplies power to Pacific Gas & Electric, the
Southern California Edison Co. and the Northern California Power
Agency, now says it can't live with the contracts it extracted
from this state in 2001.
But remember, critics lambasted Davis for paying far too much
in his effort to secure reliable power supplies for the state from
Calpine and others, and he was recalled. Ironically, Calpine now
says the very pacts that helped destroy Davis are now killing it.
The company claims it loses almost $1.3 billion a year on those
contracts.
Of course, that's not actual loss. The big number is derived
from what Calpine thinks it could get for the same power -- profit
and all -- if the rates factored in today's natural gas prices,
which are far higher than what prevailed five years ago. On the
other hand, with a decline in domestic natural gas prices likely
as the after-effects of Hurricane Katrina wane, the putative loss
figures could change.
Thus, the success of any deregulated company depends on wise
management foresight. Plainly, Calpine lacked such managers when
it signed rigid contracts assuming fuel prices would remain
constant.
If electricity had remained regulated, on the other hand,
Calpine could not have bought up many power plants it now owns.
The firm would never have signed the contracts on which its loss
claims are based. It would not have borrowed hundreds of millions
of dollars to finance construction of new power plants around the
nation.
Rather, most power would still be generated by PG&E, Edison and
other utilities, and they would be getting rates that guarantee
substantial profits. The pre-deregulation standard was about 14
percent per year.
Regulated electricity, then, is a far more stable and reliable
commodity than the deregulated variety. And if power is as much a
public need as roads -- and it is -- there's good reason to want
it regulated by state government.