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Once considered the most complex solution, we are now driven by the need to satisfy new regulatory issues such as HSR, the integration of increasingly heterogeneous grids, and the need to improve grid security. Achieving this will help us to avoid another energy debacle and create new opportunities for the private sector. ? As these complex problems continue to be solved through innovative thinking and real-world testing, the energy markets will continue to improve. The result will be increased investment and lower energy costs for the consumer. ? We need to make certain that there is adequate public discussion about these changes, which are very technical and complex. Without a doubt, this is not the "politically correct" issue that Enron would like to talk about -- or even have anything to do with. But there are significant opportunities for energy utilities, electric service providers, oil and natural gas suppliers, marketers, and more. ? I strongly believe that there is a need for private sector leadership. However, that can't be accomplished if our industry continues to be blinded by bureaucracy, regulatory uncertainty, and complex, one-size-fits-all regulations. ? We are at a critical moment in time. The free market is now driven by some very powerful forces that have been unleashed by deregulation. ? Today, we have the opportunity to introduce the new competitive energy markets. ? But in order to seize this opportunity, we must move quickly, remove obstacles, and focus on a common sense solution. ? By all means, let's continue to let our regulators, politicians, and academicians address these issues -- because they've been spectacularly inept. ? But we in the private sector must make certain that our voices are heard. We have to take the lead, introduce solutions and create markets for what the future will require. ? Let's use our ingenuity and creativity to make certain that the solution continues to improve for the consumer. ? Let's show the world that Enron can raise the bar higher in the energy market. This solution must enable consumers to reap the benefits of competition, while ensuring that new market entrants are not held back by current regulatory and political barriers. ? As a leader in a free market, I urge you to come to Houston -- and witness the delivery of a comprehensive, common sense solution. ? Thank you for your continued support. ? ? Will Eberle Chairman and CEO GWF Energy, Inc. ? ? This is a follow-up to last week's article regarding the "Next Stage" of deregulation, "A View From the Top." ? ? Top Story - Wednesday, June 6, 2001 ? Energy More Information Is Needed To Help Bailout Fail ? Opinion, S. L. Price, N/Pg1 ? ? U.S. Rep. Billy Tauzin, chairman of the Energy and Commerce Committee, is in charge of legislation to bail out power companies to prevent the bankruptcy of Pacific Gas and Electric Company (PG&E) or Southern California Edison Company (Edison). ? ?Entergy Corporation CEO John Rowe, who heads a committee advising the president on the bailout plan, said it is crucial that the legislation be passed because if it is not, "the whole deregulated system in the western states is going to come unraveled." ? ?Both Edison and PG&E are struggling to deal with soaring wholesale power costs. The utilities sold their electric generating plants to third parties (called asset buyers) who have been in turn forced to sell their available energy to out-of-state generators. ? ?Not surprisingly, the generators claim they are not being paid enough by the utilities. This has led to a dramatic situation in which wholesale power prices have soared to $1,900 per megawatt, compared with a recent level of about $30 per megawatt. ? ?This situation has greatly exacerbated an existing shortage in the western states. The Western Systems Coordinating Council, which represents the energy industry, reported that California consumers face a supply shortfall of 10% to 20% this year. ? ?Bowing to enormous public pressure, President Bush instructed Mr. Tauzin to act in support of consumers by considering helping the utilities out of their financial plight. It is widely assumed that the two Senate sponsors of a bill that has so far stalled in the Senate -- Sen. Dianne Feinstein and Sen. Gordon Smith -- have little interest in helping the utilities. ? ?The White House bill would have the Department of Energy supply short-term financing for California, Nevada and Washington, no matter what happens to PG&E and Edison. It would keep the California utility companies out of bankruptcy, provide the buyers with long-term commitments for future electricity supplies, and set up programs to get the utilities paying down their debts. ? ?The bill is a good one and deserves Senate support. However, many are worried that Republican Sen. Frank Murkowski will not support the plan because it does not impose equally strict restrictions on the utility buyers. ? ?The Bush bill is preferable to a much worse proposal by Democrats in the Senate. That proposal would leave the matter to the California Public Utility Commission and the California legislature, which would probably make matters worse. ? ?The only alternative to a bailout plan for the utilities is continued bankruptcy, which would lead to dramatic increases in wholesale power prices. However, bankruptcy also has its disadvantages. ? ?The utilities have been ordered to file financial reports with the Securities and Exchange Commission within the next few days. Such filings allow for public disclosure of utility data that is more in-depth and detailed than what is available on the Internet. This will provide much better information about how the utilities can be held financially responsible for their actions. ? ?In a May 26 editorial in the Wall Street Journal, Mr. Rowe called for legislation similar to the bankruptcy alternative. The Wall Street Journal urged that the law be changed to help out California utilities. "If California's laws allowed the utility to cut off customers who could not pay their bills, it could start to reduce the risk that utilities could be driven to bankruptcy," the Wall Street Journal editorial said. ? ?The Journal further suggested that "Congress should allow power generators to claim a portion of their losses through the rates they charge the utilities. The FERC should use some of the $6 billion in refunds it plans to seek to make this change retroactive." ? ?That is, the current power price formula already allows generators to claim all of their losses from any transaction. The price formula requires the utilities to pay more if prices are above a certain level, but the generators are allowed to keep all of their gains from all transactions. The generator losses are covered by the utilities, while the utility gains are not. It is time for the current laws to be changed to allow the generators to have some part of their losses covered by the utility ratepayers. ? ?The generators are in bankruptcy not because they are greedy, but because they have been gouged by the utilities. At the time the power producers sold to the utilities, the price of power was much higher. There was a mistake between the amount of power the utilities were selling and the revenue that the utilities collected. ? ?This is similar to the utilities' mistake in buying ice cream for $1 per pound, but