Federal Energy Regulatory Commission - 9 Jan 09

Prof. Robert B. Laughlin
Department of Physics
Stanford University, Stanford, CA 94305

http://www.ferc.gov/industries/electric/indus-act/wec.asp
(Copied 18 May 09)


Addressing the Western Energy Crisis

Last Updated: January 9, 2009

The Federal Energy Regulator Commission's wide-ranging response to the 2000-2001 Western energy crisis is a detailed and complex narrative. It is still unfolding to this day.

Commission staff concluded in a March 2003 final investigation report on the Western energy crisis that market conditions involving diminished power supplies due to drought conditions, inadequate infrastructure and a flawed power market design contributed to the market manipulation that prolonged and exacerbated the economic harm caused by the crisis.

FERC was a critical player in disclosing the role Enron and other energy providers played in exploiting and exacerbating the crisis. The Commission collected and analyzed more than 5 terabytes of data, issued subpoenas and show cause orders, and conducted hearings. To date, the result of this unprecedented and comprehensive investigation has been $6.3 billion in monetary settlements stemming from the crisis. Findings by the commission contributed to numerous criminal prosecutions by the Department of Justice and $300 million in civil penalties imposed by the Commodity Futures Trading Commission.

FERC policies and programs today are very different from what they were during the energy crisis. The Commission in 2002 established the Office of Enforcement to provide a real-time window into the workings of electricity and natural gas markets. This information provides the Commission with the analysis it needs to respond to market problems.

The Enegy Policy Act of 2005 recognized that FERC needed enhanced tools to oversee rapidly changing and increasingly sophisticated energy markeets. The law gave FERC broad authority to assess civil penalties for market manipulation and violations of Commission rules and standards.

It is national policy to support competitive wholesale power markets. FERC continues to seek steady reform to strengthen wholesale competition, encourage new entry into power generation, improve access to markets and the power grid, prevent exercise of market power and market manipulation, assure that enforcement of market rules is effective and improve market transparency.


Enron Trading Memos

6 Dec 00 8 Dec 00 Brobeck



Final Report on Price Manipulation in Western Markets
Docket No. PA2-2-000 (March 2003)

Summary of Findings Part I Part II Part III



Settlements

January 7, 2009

Media Alert FERC approves California market settlement.
Order Approving Settlement

October 23, 2008

Fact Sheet FERC approves California settlement.
Order Approving Settlement

June 30, 2008

Fact Sheet FERC approves two California market settlements.
Order Approving Settlement
Order Approving Settlement

June 4, 2008

Fact Sheet FERC approves three California market settlements.
Order Approving Settlement
Order Approving Settlement
Order Approving Settlement

May 23, 2008

Fact Sheet FERC approves $26.5 million California settlement.
Order Approving Settlement

April 2, 2008

News Release FERC approves $85.7 million Western energy settlement.
Order Approving Settlement

January 9, 2008

Fact Sheet FERC approves Enron-Snohomish settlement.
Order Approving Settlement

December 21, 2007

Fact Sheet FERC approves Enron settlement.
Order Approving Settlement

July 6, 2007

Fact Sheet FERC approves $18 million California settlement.
Order Approving Settlement

June 21, 2007

News Release Commission approves two western power settlements totaling more than $84 million that stem from the Commission's investigations into wholesale power markets during the Western energy crisis.
Order Approving Settlement
Order Approving Settlement

May 17, 2007

Order Approving Settlement FERC approves Settlement and Settlement and Release of Claims Agreement filed on March 12, 2007, by Portland General Electric company (PGE) and the California parties. The Settlement consiste of a "Joint Explanatory Statement" and a "Settlement and Release of Claims Agreement." The Settlement resolves matters and claims in the Refund Proceedings related to PGE and arising from events and transactiosn in the Western Energy Markets during the period January 1, 2000 through June 20, 2001.

March 1, 2007

News Release Commission approves multiparty APX settlement resolving matters related to western energy crisis.
Order Approving Settlement

June 28, 2006

News Release Three Enron settlements approved; exclusive jurisdiction under Section 1290 of EP Act exercised.
Order Approving Settlement
Order Approving Settlement
Order Granting Petition
Order Dismissing Petition

May 22, 2006

Order On Settlement Idaho Power Company and IDACORP Energy: The Commission approved a settlement for $24,250,000.

January 25, 2006

News Release Agreement accepted between Enron and Nevada companies settling matters stemming from Western Energy Crisis.
Order on Settlement

December 22, 2005

News Release Reliant: The Commission approved a settlement on December 22, 2005, valued at $512 million. Reliant must also submit monthly reports for a year that staff reviews.
Order on Settlement

December 2, 2005

Order On Settlement Public Service Company of Colorado: The Commission approved a steelement for $7.3 million.

November 15, 2005

News Release Enron: The Commission approved a settlement for (a) $47 million in cash; (b) $875 million in an allowed unsecured claim; and (c) $600 million civil penalty in favor of the Attorneys General for California, Washington, and Oregon. (FERC accepts Enron settlement valued at $1.5 billion.)
Order on Settlement

April 13, 2005

News Release Settlement valued at $500 million between Mirant, California Parties and FERC staff.
Order on Settlement

December 7, 2004

Order on Settlement Commission accepts settlement between Duke and FERC staff, in the amount of $2.5 million, along with a global settlement between Duke and the California parties for $207.5 million.

October 27, 2004

Order Approving Settlement Commission accepts uncontested settlement with Colorado River Commission of Nevada, in the amount of $996,145.

October 25, 2004

Order on Settlement Commission accepts uncontested settlement between Dynegy and California Parties (EL00-95-000, EL00-98-000, EL01-10-000, IN03-10-000, PA02-2-000, et al,) in the amount of $281 million.

September 21, 2004

Order Approving Settlement Commission approves contested settlement with Modesto Irrigation District (EL03-159-000) in the amount of $14,034.
Order Approving Settlement Commission approves contested settlement with Duke Energy Trading and Marketing Company (EL03-152-000) in the amount of $549,973.

August 5, 2004

Order Approving Settlement Commission approved contested settlement with Dynegy Power Marketing, Inc. (EL03-153-000) in the amount of $3,014,942.59.

August 2, 2004

Order Approving Settlement Commission approved contested settlement with Coral Power (EL03-151-000) in the amount of $7,787,055.
Order Approving Settlement Commission approved contested settlement with City of Glendale, CA (EL03-147-000) in the amount of $25,000.
Order Approving Settlement Commission approved contested settlement with Northern Power Agency (EL03-196-000) in the amount of $22,448.
Order Approving Settlement Commission approved contested settlement with Sempra Energy Trading Corporation (EL03-173-000) in the amount of $7,238,516.

August 5, 2004

Order on Settlement Global settlement between Williams Energy and the State of California was approved in the amount of $1.4 billion.

May 6, 2004

Order Approving Settlement Commission approved settlement with Modesto Irrigation District (EL03-193-000) in the amount of $60,000.

March 26, 2004

Order Approving Settlement Commission approved contested settlement with Powerex Comporation in the amount of $1,300,000.

March 8, 2004

Order Approving Settlement Commission approved contested settlement with Acquila Merchant Services, Inc. in the amount of $75,975.
Order Approving Settlement Commission approved contested settlement with Morgan Stanley Capital Group, Inc. in the amount of $857,089.
Order Approving Settlement Commission approved contested settlement with PacifiCorp in the amount of $67,745.
Order Approving Settlement Commission approved contested settlement with Portland General Electric Company in the amount of $12,730.

March 4, 2004

Order Approving Settlement Commission approved contested settlement with Idaho Power Company in the amount of $83,373.
Order Approving Settlement Commission approved contested settlement with Reliant Resources, Inc., in the amount of $836,000.

January 22, 2004

Order Approving Settlement Commission approved contested settlement with the City of Redding, California, in the amount of $6,300.
Order Approving Settlement Commission approved uncontested settlement with American Electric Power Service Corporation in the amount of $45,240.
Order Approving Settlement Commission approved contested settlement with Puget Sound Energy, Inc., in the amount of $17,092.
Order Approving Settlement Commission approved contested settlement with Williams Energy Services Corp. in the amount of $45,230.
Order Approving Settlement Commission approved uncontested settlement with San Diego Gas and Electric Company in the amount of $27,972.

December 19, 2003

News Release Duke settles with Commission staff in the amount of $2.5 million.
Order

December 18, 2003

Order Approving Settlement Commission approved uncontested settlement with Portland General Electric Company in the amount of $8.5 million.

November 14, 2003

Order on Settlement Commission approved a contested settlement between California and El Paso Corp. in the amount of $1.7 billion.

October 2, 2003

News Release Reliant settles California cases - proceeds could total $50 million.
Order Approving Agreement

July 23, 2003

Order Approving Settlement Commission approved a settlement with El Paso Corp. in the amount of $15.5 million.

July 18, 2003

Stipulation Agreement FERC approves Stipulation and Consent Agreement with BP Energy on Price Manipulation in Western Markets. BP Energy to pay $3 million to fund low-income home energy assistance program.
Order Approving Agreement

January 31, 2003

News Release Commission approves $13.8 million Settlement with Reliant Energy over Physical Withholding in California Power Exchange Market.
Order Approving Agreement
Transcripts



Chronology at a Glance

January 7, 2009

Media Alert FERC approves California market settlement.
Order Approving Settlement

Summer, 2000

Sharp rise in Western energy prices, frequent system emergencies, severe financial distress to California utilities and customers.

July 26, 2000

News Release Commission directs staff to undertake a fact-finding investigation of the conditions in electric bulk power markets (including volatile price fluctuations) in various regions of the country and report its findings to the Commission by November 1, 2000.

August 2, 2000

Complaint Filing San Diego Gas and Electric files a complaint seeking price controls.

August 23, 2000

Order Initiating Proceedings Commission initiates a formal investigation of the electric rates and structure of the CAISO, PX and market-based sellers in the California wholesale market, in coordination with a nationwide fact-finding probe of the electric wholesale markets, and a refund date is set. This 'converts' the earlier staff investigation into a public proceeding with opportunity for comment and refund protection.

November 1, 2000

Order Proposing Remedies A Staff Report on Western Markets issues and the Commission orders that bids above $150 cannot set the market-clearning price in California. The period for which refunds can be made is broadened.
Front Section Part I of the Staff Report to the Federal Energy Regulatory Commission on Western Markets and the Causes of the Summer 2000 Price.
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Appendix A
Report Cover Part II of the Staff Report to the Federal Energy Regulatory Commission on the Bulk Power Markets in the United States.
Northeast Region
Midwest Region
Southeast Region
ERCOT

November 9, 2000

Commission holds a technical conference with all California and Western Parties, including the California PUC as well as then Governor Gray Davis.

December 8, 2000

Order Granting Waiver Commission temporarily waives its rules regarding the operating and efficiency standards for jurisdictional (QF) generators to increase power supply in California.

December 15, 2000

Order Directing Remedies Commission eliminates the mandatory PX buy-sell requirement, sets a benchmark price for wholesale bilateral contracts, orders market monitoring, adds a penalty charge for underscheduling of power, orders the establishment of independent, non-stakeholder Governing Boards for the PX and ISO, and orders generation interconnection procedures.

February 14, 2001

Order Addressing Tariff Commission addresses CAISO's creditworthiness tariff revisions.

March 9, 2001

Staff Proposal Commission staff issues a proposal for monitoring and mitigating prices prospectively in California's wholesale spot power markets.
Order Directing Refunds The Commission also issues the first refund order directing sellers to provide refunds of excess amounts charged for certain electric energy sales during the month of January 2001.

March 14, 2001

Order Removing Obstacles Commission issues and order seeking to increase energy supplies and reduce energy demand in California and the West.

March 28, 2001

Order Denying Motion Commission orders hearing on anti-competitive issues relating to El Paso Natural Gas.

April 6, 2001

Pacific Gas & Electric files for bankruptcy.

April 26, 2001

Order Establishing Plan Commission orders prospective mitigation and monitoring plan for California wholesale electric markets and establishes investigation into wholesale electric markets.

April 30, 2001

Order Approving Agreement Commission approves $8 million settlement with AES Southland and Williams Energy Marketing and Trading Company.

June 19, 2001

Order on Mitigation Commission issues orders calming market volatility by requiring generators to run and capping prices. Order's price-control limits on wholesale eletricity prices in California ISO and PX markets are never triggered.

July 25, 2001

News Release Commission orders separate hearing on energy prices in California and the Pacific Northwest.

December 2, 2001

Enron files for bankruptcy.

February 13, 2002

Order Directing Investigation Commission institutes a staff-level investigation into Enron and the Western Energy Crisis in Docket No. PA02-2-000.