Vote on Texas power market
limits postponed TXU deal is still on,
investors say, despite move to limit firms' generation capacity
Apr 26, 2007 - Knight Ridder Tribune Business
News
Author(s): Elizabeth Souder
Apr. 26--AUSTIN -- As politics delayed a House vote on legislation
meant to force the state's largest power generation companies to shrink,
the investors that wish to buy TXU Corp. said they still expect their
deal to close.
The House was scheduled to vote on a bill Wednesday that would limit
the amount of power generation capacity each company may own. The bill's
sponsor, Rep. Phil King, R-Weatherford, had worked out amendments that
would limit power companies to serving 35 percent of the market in each
region of the state, which would force TXU and NRG Energy to sell plants
in some areas. His amendments also would include a new compromise to
lift the limits once the Texas grid switches to a new market model in
2009. Mr. King said he thinks he has the votes lined up to pass the
bill, and he thinks TXU is on board.
The vote is probably del yed until Friday. Texas Pacific Group and
Kohlberg Kravis Roberts & Co. have offered to buy TXU for $45 billion,
but the buyers could walk away from the deal without penalty if new laws
force TXU to shed a material amount of power generation capacity. A
spokesman for the buyers said Wednesday that he still expects the deal
to happen. "At this point we anticipate the transaction moving forward,"
said Jeff Eller, chief executive of Public Strategies Inc., which
represents the buyers. The buyers on Wednesday filed merger documents
for state regulators to review before the sale closes late this year.
Technically, the buyers could have waited until 30 days after they
finish the deal to make the filing. "What we want to do is take a look
at what the Legislature does, ultimately what gets passed into law, and
we'll evaluate that for the transaction," Mr. Eller said. "We're over
there every day talking to legislators. We're going to continue doing
that u til there are bills for the governor to sign or the session is
over." The amendments to the bill would allow a company to breach the 35
percent limit if it works out a mitigation plan with the Public Utility
Commission. TXU serves more than 40 percent of the North and West zones,
while NRG Energy serves about 86 percent o the Houston zone.
Amendments that Mr. King helped write would also exclude new nuclear
plants and coal gasification plants from the 35 percent cap. "I told
them that's the best we can do," Mr. King said of his discussions about
the amendments with TXU lobbyists. Early Wednesday, Mr. King said he
expected the vote to go smoothly. But then Rep. Robert Talton,
R-Pasadena, called a point of order on the legislation, complaining that
some wording was left out of a document relating to the bill. Mr. Talton
has stalle a number of bills on various topics this session. Mr.
Talton's point of order sent the bill back to the Regulated Industries
Committee, which Mr.
King chairs. The committee quickly met, corrected the wording, and
gave the bill to the Calendars Committee to reschedule the vote. The
earliest the bill cou d return to the House floor is Friday. Without the
amendments written during the past week, the bill would only tweak
existing law that limits power generators to serve 20 percent of the
entire Texas grid. With the 35 percent-per-region addition, the House
bill is closer to the Senate version, which would limit power companies
to serving 25 percent of the wholesale market in each zone of the state.
Sen. Troy Fraser, R-Horseshoe Bay, who sponsored the Senate bill, is
gearing up for a compromise in a conference committee once the House
votes.
"Twenty-five percent was a number to start discussion. There's no
magic to 25, but there has to be some number," he said Tuesday. Mr.
Fraser and others want to cut the amount of power capacity each company
may own to reduce a market player's ability to unduly influence
wholesale market prices. While power companies may serve only 20 percent
of the entire Texas grid, the companies ould manipulate prices if they
concentrate operations in one zone of the state. Currently the Texas
grid is a zonal market, meaning the market has several congestion zones.
If transmission line congestion makes it difficult to import power from
outside a zone, power plants within that zone can raise their price.
Mr. King's idea to lace limits on the market until the market
structure changes could allay such concerns. The Electric Reliability
Council of Texas will switch to a nodal market in January 2009. Rather
than having four congestion zones, the market would have 4,000 nodes.
One congested node might boost prices in that location but wouldn't
affect prices or tr nsmission elsewhere. "It's hard to manipulate, and
it's totally transparent," Mr. King said of the new grid operating
model. The House on Wednesday did approve a bill to reinstate the System
Benefit Fund, a fee paid by utility customers that's supposed to go
toward electricity discounts for low-income residents.
The fees had been diverted to the general fund, but the new legi
lation would devote that money to helping the poor. Also Wednesday, the
TXU buyout group and TXU's Oncor unit, which operates power lines, filed
buyout documents with the PUC. In the 3-inch-thick binder of paper, TXU
restates its commitments to create a separate board for the regulated
power line business and a separate headquarters, not to pile any buyout
debt onto the regulated company, yet to continue spending billions of
ollars to upgrade power line equipment. Oncor and the buyers said the
buyout won't cause an increase in the rate customers must pay for power
line services.
The filing includes a proposed timeline for the PUC to review the
buyout. Company lawyers said the PUC doesn't have the right to block the
deal, but regulators could block Oncor from passing along some costs to
consumers in the next rate case, which is ikely to begin this year. The
lawyers for Oncor and the buyers would like the commission to hold the
buyout review in August and make a final decision in September. The
company asked commissioners to hear the case themselves, rather than
passing it on to the State Office of Admi istrative Hearings, to keep
the process speedy. TXU also filed buyout documents with the Nuclear
Regulatory Commission last week and will file with the Federal Energy
Regulatory Commission in coming weeks.
The deal requires approval from those agencies, a process that could
take months. It also requi es shareholder approval.
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