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Before there was a budget deficit, a car tax increase
or drivers' licenses for illegal immigrants, the issue that first cracked
former Gov. Gray Davis' political armor was the electricity crisis of
2001. Voters understood that Davis did not create the problem, but they
held him responsible for what they believed was a slow and confused response
that only made things worse.
Once the lights went out in California, darkness also descended on Davis'
career. He never recovered from that debacle, and his slumping approval
ratings left him vulnerable to the recall election that eventually cost
him his job.
Now the man who replaced him, Gov. Arnold Schwarzenegger, is confronting
the same issue, and while the stakes at the moment do not appear to be
as high, they could be soon. Electricity reserves are minimal, and with
demand growing again in a recovering economy while supplies remain stagnant
or perhaps even shrink, California faces the prospect of renewed shortages
in the near future.
In response, Schwarzenegger last week outlined his vision for the state's
role in electricity regulation. Interestingly, he waved off the Legislature,
saying that the most important work that needs to be done can be accomplished
by regulators at the Public Utilities Commission, without further lawmaking.
That effectively makes Schwarzenegger responsible for what happens from
this point forward, a position he appears to relish.
The governor says he wants to create a vibrant two-tiered electricity
system, in which the largest users - hotels, big box retail stores, factories
- shop around for their own power and enter into contracts with private
generators to provide it.
Smaller businesses and residential customers would remain with the regulated
utilities, and the utilities would be required to go through a competitive
process before buying or building new generation.
Schwarzenegger's position puts him at odds with consumer groups and Democrats
in the Legislature, who have been pushing for a return to a fully regulated,
monopoly utility model in which consumer choice is eliminated and everybody
pays whatever it costs the utilities to produce electricity, plus their
profit.
But the old-style utility model won't do in a modern world, where manufacturers
increasingly look to other states or other countries for ways to cut costs.
Ten years ago, Californians under that system were paying 50 percent more
than the national average for electricity, and the disparity is what led
to the electricity industry restructuring adopted in 1996.
That bill was a failure. But rather than simply trying to turn back the
clock, Schwarzenegger is proposing that California learn from its mistakes
and move forward.
At the heart of the crisis was the state's over-reliance on the volatile
spot market for electricity, where utilities, and ultimately their customers,
were at the mercy of daily fluctuations in the price of power. That happened
because the utilities at first could not, and later would not, enter into
long-term contracts with private generators for electricity. One reason
they would not go there was a system that made the utilities subject to
second-guessing by regulators, who wanted to approve the contracts up
front and then come back later and assess penalties if, in hindsight,
the deals didn't turn out to look so great.
Schwarzenegger, in contrast, is urging the PUC to fully implement a 2002
bill that would give the utilities more freedom to sign long-term contracts
without the fear of retroactive review. Once that process is in place,
the governor wants the utilities to move quickly to lock in supplies at
today's prices, which are relatively low.
Schwarzenegger is not averse to the utilities building more power plants
themselves. But he wants them to do so only after competitive bidding
establishes that their proposals are better for consumers than any deals
the utilities could get from private generators. This is also wise.
Finally, the governor wants the Legislature to restore the right of big
consumers to buy their own electricity, as long as those who leave the
utility system pay a fee to compensate the rest of us for the fixed costs
of the grid and the debts we all are still obligated to pay from the 2001
disaster.
Those who oppose letting big customers negotiate their own power contracts
say that doing so would let them get the best deals while sticking the
little guy with higher prices from the regulated utilities. But that sounds
like an argument for allowing more private contracting, not less. If the
potential deals are so good, why not give everyone a shot at them?
Schwarzenegger is off to a good start here. If he follows through, he
might just prevent a re-run of the crisis that began his predecessor's
demise.
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