On 3 October 2001, Enron Corp.'s chief executive officer Ken Lay
was in his element, chairing a day-and-a-half, invitation-only
conference on national energy policy at a swanky hotel just
outside Washington, D.C. It was wall-to-wall policy types,
just the sort of gathering in which the Ph.D. economist reveled.
The giant Houston-based company once again was doing well in the
stock market. It had recovered from a bad dive it took after
the mysterious resignation of Jeff Skilling as CEO, which
had forced founder Lay to resume the day-to-day management
of the company, the most admired in the United States for
several years running, according to Fortune magazine surveys.
The future looked bright for Enron and its rivals in the intensely
competitive business of selling electricity, natural gas,
and financial products based on energy prices.
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In the previous decade, energy trading had emerged as the fulcrum
of efforts to restructure electricity markets not only in
the United States—something of a Johnny-come-lately to
the game—but also in the United Kingdom, Norway, New
Zealand, and Chile. The general idea was that transmission
systems would be made open-access, rather like the restructured
long-distance telephone system in the United States, and any
generator of electricity would be entitled to sell into the
system.
Distributors of electricity, the classic utilities, would be stripped of
generation and transmission assets and would purchase electricity
wholesale on the open market. Brokers, relying on the most
advanced Web-based communications, would play a key role as
intermediaries, getting electricity from places it was in
surplus to the places it was needed most. Among such brokers,
Enron was seen as the world leader—highly skilled, absolutely
sure of itself to the point of arrogance, and immensely profitable.
Yet in hindsight, it's apparent that Lay's top-of-the-world posture
at the D.C. policy conference in October 2001 was truly his
last moment in the sun. Two months later Enron was in bankruptcy,
and four months later Lay would decline to testify to Congress
on the advice of his attorney. There followed a drumbeat of
funereal news from the energy trading business: self-dealing
with specially created entities to hide losses from balance
sheets and create dubious profits, bogus round-trip trades
executed only to inflate apparent revenue, deals made to create
transmission congestion that then would be relieved by follow-on
sales of electricity at inflated prices, and withholding of
generating capacity and natural gas supplies to also inflate
prices [see Timeline, facing page].
By last fall, a year after Lay's D.C. conference, the electricity
business looked like the Gettysburg battlefield, the day after.
Among the dead or mortally wounded: the public-private California
Power Exchange, the Arthur Andersen accounting firm, Enron
itself, and the energy trading unit of its fellow trading
pioneer in Houston, Dynegy. The walking wounded included generating
companies such as AES and Calpine, and utilities that got
burned in electricity trading like CMS Energy, Reliant Energy,
and Allegheny Energy, not to mention two of California's three
huge electricity distributors: investor-owned Pacific Gas
and Electric Co. (PG and E) and Southern California Edison.
Under California's seriously defective restructuring plan, the state's
three utilities had found themselves in an unhealthy position—having
to buy electricity wholesale at inflated so-called free-market
prices while having to sell retail at much lower regulated
prices. The result was almost instantaneous bankruptcy for
PG and E and near-bankruptcy for Southern California Edison.
Enron is now a dirty word, embodying the corporate malfeasance that
allowed executives to walk off with millions, while investors
and employees saw their life savings go down the tubes. What
happened? And what needs to be done to make electricity trading
the transparent and honest business it must be if energy is
to be produced and distributed to best economic effect?