|
|
|
Enron: Endless PossibilitiesTM
and the 2000-01 California Energy Crisis |
|
"One of the deepest mysteries in the collapse of Enron has
been the role that the power crisis in California played in
the company's rise and fall. [/]
This spring, as authorities focused their attention on the
off-balance-sheet partnerships that Enron used to inflate
its profits, it seemed that the question might be forever
buried under more pressing inquiries.... [/]
[F]allout from the ... newly released documents -- memorandums that appear to
offer the first proof that Enron deliberately manipulated
California's energy market -- widened yesterday. Federal
regulators demanded that other power trading companies
acknowledge whether they used strategies similar to those
mentioned in the documents.... |
|
"Enron first came to public attention in late 2000 not for
its accounting methods but as the leader of a group of
companies, many based in Texas, that were profiting hugely
as electricity prices soared in California. Enron and its
peers vigorously denied wrongdoing, saying that the price
increases were nothing more than the inevitable result of
the state's shortage of power. [/]
In June 2001, after the Bush administration imposed
interstate power price caps that California had sought
months before, the crisis suddenly eased, and prices in the
state plunged. [/]
Five months later, Enron filed for bankruptcy protection."
(Alex Berenson, "Mystery of Enron and California's Power Crisis", The New York Times on the Web, 09May02) |
|
|
|
|
"Electricity traders at Enron drove
up prices during the California power crisis [2000-01]
through questionable techniques that
company lawyers said 'may have contributed' to severe power shortages,
according to internal Enron documents released today by federal regulators. [/]
Within Enron, the documents show, traders used strategies code-named Fat Boy,
Ricochet, Get Shorty, Load Shift and Death Star to increase Enron's profits from trading
power in the state -- techniques that added to electricity costs and congestion on
transmission lines. [/] The documents -- memorandums written in
December 2000 by lawyers at Enron to another lawyer at the company -- also
describe 'dummied-up' power-delivery schedules, the submission of 'false
information' to the state, and the effective increasing of costs to all market participants
by 'knowingly increasing the congestion costs.'... [/]
The documents state that other power companies used similar techniques.... [/]
In a letter sent by officials at the... Federal Energy Regulatory Commission... today...
investigators... said the documents
described how Enron traders were 'creating, and then
"relieving," phantom congestion' on California's
electricity grid. The documents also detail what
investigators described as 'megawatt laundering,' in which
Enron bought power in California, resold the power out of
the state and then bought the power back and resold it back
into California -- allowing Enron to circumvent price caps
meant to clamp down on costs.... |
|
|
|
"But Enron executives always insisted that absolutely nothing their traders had done contributed to the crisis. In
an interview last year, Enron's former chairman, Kenneth L. Lay, dismissed accusations that manipulation was
even partly to blame for California's troubles. [/]
'Every time there's a shortage or a little bit of a price spike, it's always collusion or conspiracy or something,'
Mr. Lay said.... 'I mean, it always makes people feel better that way.'" (Richard A. Oppel Jr. and Jeff Gerth,
"Enron Forced Up California Energy Prices, Documents Show", NYT on the Web, 07May02) |
|
"The Enron Corporation used undisclosed reserves to keep as much as
$1.5 billion in trading profits off its books during the California energy crisis, according to six
former managers and executives who handled or reviewed the accounts. [/]
The enormous reserves, which would have doubled the company's reported profits, were hidden in late
2000 and early 2001, as energy prices soared in California and politicians accused trading companies
like Enron of price gouging. The former Enron officials said that the company swelled the reserves in
hopes of damping the political firestorm." (David Barboza,
"Former Officials Say Enron Hid Gains During Crisis in
California", NYT, 23Jun02, p.A1) |
|
|
I tried to verify for myself some source documents on the
Federal Energy Regulatory Commission (FERC) website.
I found memoranda in which Enron seemed to be explaining how it was doing nothing wrong and was actually even helping the
California energy situation. I found some seemingly incriminating sentences but did not recognize any "smokng guns".
Basically, I wasn't understanding much of what I was reading, and I wasn't willing to take the time to try harder.
Therefore, I cannot adduce solid evidence supporting what The New York Times reported and
their interpretation of it. An article in the following day's NYT ("Californians Call Enron Documents the Smoking Gun",
by Joseph Kahn, 08May02) said: "Documents showing that Enron manipulated California's power market were described today
by politicians, lawyers and consumer groups as the smoking gun they needed to help recover billions of dollars they
say the state was overcharged by Enron and other companies for electricity in 2000 and 2001.... [/]
The disclosure... appeared to vindicate a long campaign by [California] Gov. Gray Davis... a
Democrat, [who] battled the Bush administration and federal authorities for months... before regulators agreed
to put caps on skyrocketing electricity prices. [/] 'About $30 billion was extorted from this state,' Mr. Davis
said... today. 'Those who claimed that there was no price manipulation here were just plain wrong.'... [/]
[T]he Enron memos seem to have stirred doubts once more about the
integrity and longevity of the industry -- and the way energy is traded. [/]
'The whole reason for the existence of traders is to make as much money as possible, consistent with what's legal,'
said R. Martin Chavez, a former head of risk management in energy trading at Goldman, Sachs and chief executive of
Kiodex, a risk management firm. 'I lived through this: if you didn't manipulate the market and manipulation was
accessible to you, that's when you were yelled at.'"
| |
|
|
What lessons can we with confidence draw from this
mess? In an OpEd piece in the 11May02 New York Times, "Enron's Lessons for the Energy Market",
Governor Davis writes: "Enron's own lawyers have written memos that suggest the
company's actions may have contributed to severe power
shortages throughout California. In one memo from December
2000, the lawyers describe one trading strategy as
appearing 'not to present any problems, other than a public
relations risk arising from the fact that such exports may
have contributed to California's declaration of a Stage 2
emergency yesterday.' [/]
To the Enron traders who came up with schemes they named
Fat Boy, Ricochet, Get Shorty and Death Star, it must have
seemed merely a matter of how much they could get away with
in a deregulated, chaotic market. [/]
After Enron's manipulation and the siphoning of billions
out of California during the energy crisis, it will be
impossible to make the argument that the energy market can
function without diligent government oversight." (emphasis added) |
|
|
Surely only such scoundrels as Governor Davis here describes
could object to the oversight he proposes, If Enron's executives
such as Mr. Kenneth Lay and Enron's traders object that Governor Davis has
mistakenly included themselves among these enemies of the people, then they will enthusiastically welcome
and proactively support such measures, which will help protect them
from ever having their good character unjustly so impugned again. It seems to me that
intelligent social regulation
of all areas of economic enterprise is similarly needed. |
|
|
|
HOUSTON (Reuters) - Former Enron Treasurer Ben Glisan on Wednesday [10Sep03]
became the first executive sent to prison for his role in the scandal that brought
down the giant energy trader, destroyed the accounting firm Andersen and tarnished Wall Street.
(C. Bryson Hull, "Former Enron Treasurer Sent to Prison", Reuters,
Wed September 10, 2003 01:39 PM ET) |
|