Snohomish PUD Wins Round In Battle Against Enron
March 11, 2005
By KOMO Staff &
News Services
SNOHOMISH COUNTY - Federal
regulators handed a major victory Friday to Western
utilities and cities trying to escape exorbitant
contracts they made with disgraced energy giant Enron
Corp. during the power crunch of 2000-01.
In a six-page order issued Friday evening, the
Federal Energy Regulatory Commission determined that
Enron was engaging in illegal activity at the time it
entered the contracts with the utilities - and that
therefore, a hearing should be held to determine whether
Enron should be allowed to collect profits it would have
received had those contracts been fulfilled.
It was the first time FERC acknowledged that the
contracts were signed under fraudulent pretenses. The
hearing is expected in May, followed by FERC's final
decision late this year.
"Our ratepayers shouldn't be forced to reward
criminal activity," said Sen. Maria Cantwell, D-Wash.,
who has made the issue a top priority. "We will not rest
until the wooden stake is punched through the heart of
the Enron lawsuit against us."
The utilities and cities - including the Snohomish
Public Utility District in Everett, about 30 miles north
of Seattle; Nevada Power Company and Sierra Pacific
Power Company in Nevada; and the cities of Palo Alto and
Santa Clara, Calif. - terminated their contracts with
Enron or watched as Enron terminated them when the
company's web of fraudulent accounting was revealed in
late 2001.
When Enron went bankrupt, it turned around and sued
for the money it would have made had the contracts been
fulfilled. Enron sought $300 million from the Nevada
companies, and $122 million from the Snohomish County
PUD, which in January 2001 signed a nine-year contract
with Enron for power that was four times as expensive as
usual.
To come up with $122 million, the PUD said, it would
have to collect $400 per customer.
Instead, Snohomish began digging. It searched through
thousands of pages of Enron documents and paid to
transcribe hundreds of hours of taped conversations
involving Enron traders - a job largely ignored by FERC.
The material was explosive: The traders joked about
stealing money from California grandmothers and about
the possibility of going to jail for their actions.
Early this year, Snohomish's investigators determined
that Enron began honing its schemes to manipulate the
market in 1997 - well before rolling blackouts hit
California.
Armed with the new evidence, the PUD went to FERC and
sought a finding that it didn't have to pay the money.
Friday's ruling brought the PUD a major step closer to
that goal.
"This is a very significant order for us," Snohomish
PUD lawyer Eric Christensen said. "We've now put in
place all the essential legal groundwork to make sure
Enron is not able to collect any further unjust profits
from us."
FERC has already demanded that Enron give up $32.5
million in unjust profits, but Snohomish's investigators
have estimated that the company gouged Western
ratepayers for at least $1.1 billion.
Portland, Ore.-based trader Tim Belden pleaded guilty
in October 2002 to wire fraud for participating in
trading schemes to game the California market. Two other
former Enron traders, Jeffrey Richter and John Forney,
later pleaded guilty to similar charges.
Former Enron Chief Executive Jeffrey Skilling and
former top Enron accountant Richard Causey have pleaded
not guilty to more than 30 counts each of insider
trading, fraud, conspiracy and others. They face trial
alongside Enron founder and former chairman Kenneth Lay,
who has pleaded not guilty to seven counts of conspiracy
and fraud.
More than a year ago, former Chief Financial Officer
Andrew Fastow pleaded guilty to two counts of
conspiracy, admitting to running myriad schemes to
manipulate Enron's finances while enriching himself on
the side, and is expected to be a key witness in the
case against Skilling, Lay and Causey. He has agreed to
serve 10 years in prison.
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