Introduction: In 2001, California experienced an energy crisis. It was due in part to price controls that had been put in place there. What follows is part of the story.

DAVE MARASH

(VO) The speaker of the California Assembly, Robert Hertzberg, knows

the future of his state is on hold, until the supply-and-demand

crisis in energy is brought under control. Hertzberg also knows how

the crisis started. The 1996 Legislature passed what it called

deregulation.

ROBERT HERTZBERG

We didn't really deregulate. We only half deregulated. We said,

`Well, we'll let the--the wholesale side of the price float, but

we're going to freeze the retail side.'

DAVE MARASH

(VO) Protecting the retail rate payer was good politics, but there

was a fatal flaw on the wholesale side. Competition was expected to

send prices lower, but it didn't. At the California independent

system operator, which directs and monitors all flows of power in and

out of the state, they could measure the real results. Capping

retail prices encouraged unlimited use of power, while this growth in

demand drove prices higher.

TERRY WINTER

This year, starting around May and June, that supply began to

dwindle, as the other states' loads picked up dramatically and we

were experiencing low hydro for the entire region.

DAVE MARASH

(VO) Prices kept going up. Last May, when wholesale prices suddenly

doubled, they went higher than the capped retail price, which meant

for eight months, utilities grew a huge debt.

KENT HARVEY, TREASURER PG&E

For the month of December, for example, we were forced to purchase,

on behalf of our customers, at about 40 cents per kilowatt hour. And

we're only able to charge customers about five cents per kilowatt

hour. So, that's about eight times the size.

DAVE MARASH

In other words, you're losing 35 cents for every kilowatt hour that

you sell to a retail customer?

KENT HARVEY

That's exactly right. In the month of December alone, our shortfall

was over $1 billion.

nia.

DAVE MARASH

(VO) Which led, last Wednesday, to Governor Gray Davis not only

declaring an emergency, but dipping $400 million deep into the state

treasury to buy power that suppliers would no longer sell to the

strapped utilities. And the 400 million is just a stop-gap, another

billion in state-financed purchases of power is currently under

debate at the state Legislature.

TERRY WINTER

We finished the day-ahead market yesterday. We were about 7,660 some

megawatts short of energy. That means that immediately after that,

we start shopping.

DAVE MARASH

(VO) Terry Winter now leads California's daily search for power

supplies. Every day for the past nine, supplies have been so thin

that Winter has declared a stage-three alert. And on three of those

days, he had to resort to rolling blackouts to reduce demand to a

level he could supply.

MICHAEL SHAMES

The market has worsened with each day, that each--each week that has

passed. The prices have gone higher. The panic atmosphere has

gotten higher. And most importantly, the utilities have come that

much closer to the brink of bankruptcy.

DAVE MARASH

What's the state of play right now?

ROBERT HERTZBERG

Well, it's in flux. There's certainly, you know, we're faced with a

tremendous crisis in California. You see the blackouts and what's

happening in California. Our focus in the near term is to try to

stabilize the market by engaging in these long-term contracts, so

that it takes the air out of this having to go out and bid every

single day, and the prices are ten times what they--what they should

be.

DAVE MARASH

Two things about the state of California's long-running crisis of

energy, supply and demand. Number one, the time for finding a

solution seems to be just about up. And, two, going up seem to be

the two best words to describe the price of that solution. I'm Dave

Marash, for NIGHTLINE, in Sacramento.

TED KOPPEL

How California got into this mess and how it's scrambling to find a

solution when we come back.

ANNOUNCER

This is ABC News: NIGHTLINE, brought to you by...

(Commercial break)

TED KOPPEL

Joining us now from Sacramento, Severin Borenstein, director of the

University of California Energy Institute. From our affiliate KXTV,

Dan Morain, deputy Sacramento bureau chief for The Los Angeles Times,

and from our Los Angeles bureau, James Sterngold, who's covering the

power crisis for The New York Times.

And James Sterngold and Dan Morain, let me begin with you, Dan

Morain. Can we find a villain or a fool here?

DAN MORAIN, LOS ANGELES TIMES

Well, their--the--the villains, you know, I guess it's sort of in the

eye of the beholder. I mean, the--the--the governor is certainly of

the view that the power generators and the federal energy regulators

are the villains. Now, their--the generators are saying they're just

simply following the laws of supply and demand, and the federal

regulators are saying they're following the law. So...

TED KOPPEL

And why does the governor call them villains? Well, I mean, he may

not call them that.

DAN MORAIN

Well, he's calling...

TED KOPPEL

Why does he suggests that they are?

DAN MORAIN

Well, he has said that there--that--that the generators are--are

gouging. Now, he's toned down his rhetoric significantly in the last

few days. I mean, he clearly is focusing on--on trying to find a

solution here.

TED KOPPEL

Let me try and bring this, Jim Sterngold, down to a point perhaps

simpler than it deserves to be. But how in heaven's name can anyone

believe that you can put a PRICE CEILING on the retail price and have

no PRICE CEILING on the wholesale price and not in times of shortage

expect it to go totally out of kilter?

JAMES STERNGOLD, THE NEW YORK TIMES

Well, the short answer to that is that no one ever thought we would

be in a time of shortage. This is a classic case of what the

economists call PRICEs being determined on the margins. Three or four

years ago, no one ever dreamed PRICEs would be this high. We were in

a slight oversupply situation. Here we are in what's really only a

fairly modest slight undersupply situation, but you can see this

tremendous swing, where wholesale PRICEs have gone for something like

four cents, three cents a kilowatt hour, three and four years ago,

and today they've gone as high as 30 cents, 40 cents and higher a

kilowatt hour. And the swing in supply has not been enormous.

TED KOPPEL

Now, that's in California. Professor Borenstein, why is it that in

other states the wholesale prices are still fairly close to what the

retail prices are?

PROFESSOR SEVERIN BORENSTEIN, UNIVERSITY OF CALIFORNIA

ENERGY INSTITUTE

Well, there are a number of factors. The main issue is that in

Pennsylvania, for instance, where they have also deregulated, the

utilities are still owners of most of the generation. So, even when

the PRICE does go up, utilities are not buying very much power at

that--those high PRICEs. As a result the utilities are able to pay,

even when the PRICEs go very high, for a little bit of power, and

their overall cost of buying power and producing it is still pretty

low. So, they've been able to maintain a low cost overall acquiring

and producing power below the cost they're allowed to charge at the

retail level.

TED KOPPEL

Why--why doesn't the California Assembly simply pass a new law or

regulation in which it says, we made a really big mistake in putting

a CEILING on retail PRICEs, let's let the market handle this? Let's

lift that CEILING and see what the market does?

SEVERIN BORENSTEIN

Well, if the utilities--it were allowed to charge exactly what the

wholesale PRICE is, we'd see PRICE increases right now on the order

of five or six times, and there would be a revolt among the

consumers, I'm sure. The main issue is that the utilities have sold

off most of their generating capacity, and they can't get it back.

That combined with the shortage that Jim referred to has pushed up

the PRICEs at the wholesale level.

TED KOPPEL

Now, wait a second. I'm--I'm a little bit lost, so Dan Morain, maybe

you can--maybe you can bring me back into some kind of focus. Why

did they give up their generating capacity? Isn't that what...

DAN MORAIN

Well, they...

TED KOPPEL

Isn't that what power suppliers are supposed to have?

DAN MORAIN

Well, there--it's--it's a point of no small of debate, but, I mean,

the fact is that the--that the utilities made a ton of money by

selling off a lot of their generators. These were old generators.

They--they sold them for more than their--than they thought they were

going get.

TED KOPPEL

Who did they sell--who did they sell them to?

DAN MORAIN

Well, you know, they--well, they sold them to--to several power

generators that have, you know, sprung up, Now, you're--you're suggesting that there may be

something political in all of this, so why don't we leave that

hanging for a moment, and then let's come back to that issue in just

a moment.

(Commercial break)

TED KOPPEL

We're back with Severin Borenstein, Dan Morain, and James Sterngold.

Mr. Sterngold, the suggestion that politics may be playing a

role here. Big time national politics. Texas oil companies, are

they somehow to blame here?

JAMES STERNGOLD

No, I don't think they're the principal villains, although the

governor has, as was stated before, really vilified them. The real

villain is reality and the real politics is really state politics.

Assembly members have to be elected every two years. Governor Davis

is up for re-election in two years. No one wants to find their

opponents accusing them of socking it to utility rate payers by

increasing the rates dramatically. So in answer to your question

about the obvious solution of allowing retail PRICEs to reflect

wholesale PRICEs, no one wants to take the political hit.

TED KOPPEL

Professor Borenstein, if it's bad now it's going to get worse in

July, right?

SEVERIN BORENSTEIN

It's going to get a lot worse in July. Right now the only problem in

the electricity market is a financial problem. That is that the

utilities are nearly broke and they're having a hard time buying

power because they don't have much credit. This summer we're going

to have a real power crunch. And if we don't get some conservation

into the market by raising PRICEs and letting consumers, particularly

the large industrial and commercial customers, see those PRICEs and

cut back, we're just not going to be able to meet the entire demand.

TED KOPPEL

Is what we're seeing in California unique to California or are we

going to see it anywhere else.

SEVERIN BORENSTEIN

I don't think we're going to see anything like this anywhere else,

not because California is different, but because California went

first and the other states are learning very quickly from the

mistakes we've made. So, I think it would be very unlikely to see a

state deregulate and put--and allow PRICEs to float at the wholesale

level without any sort of long-term contract to hedge their risk, or

holding onto the generating facilities.

TED KOPPEL

There's a--there's a magic phrase, Mr. Morain, long-term contract.

Somehow I have heard suggested that if only the state of California

could now arrange for some long, long-term contracts, maybe five or

10 years, they would be able to bring this thing back into some kind

of focus again.

DAN MORAIN

Well, that--that's, of course, what's happening today, is the state

held an auction and got these power generators to--to bid for

long-term contracts. They're going to sell--the state's entering

the--the electricity business, buying electricity. They're hoping to

get the PRICE that will ensure that PRICEs don't go up because, you

know, there's--there's one element in California that--that is--well,

it's not unique to California, but we certainly do it, and that is

initiatives. And I think without a doubt, there will be an

initiative in 2002.

TED KOPPEL

Are--are--are things going to get so bad, Mr. Sterngold, that at some

point or another even politicians who want to get re-elected are

going to say to the public, `There's only way--one way out of this,

and that is for retail PRICEs to go up significantly'?

JAMES STERNGOLD

Well, that--that--there is potential for that, and everybody's kind

of hoping when that happens, it will be somebody else's

responsibility to fix it. But they are working very hard now. As

Dan said, there's a very important auction taking place today to try

to stabilize long-term electricity PRICEs. That's one piece of a

puzzle that's slowly taking shape in which it appears there would be

some modest hit to rate payers, but it would come in sort of a hidden

way so they wouldn't actually see big increases in bills. And

they--they are working hard at crafting this multipiece puzzle that

will try to avoid that. But, really, there's only about 10 days at

this point given the fact that the federal government has only

extended for two weeks the emergency order, that they've got about 10

days in the Legislature now to craft something that's going to have

credibility in the markets and that the politicians are going to be

able to sell to their constituents.

TED KOPPEL

There's one other factor, and Dan Morain sort of hinted at it

earlier, but Professor Borenstein, I'd like you to address it. And

that is that the Bush administration has been saying all along, `Hey,

we've got to develop more domestic energy sources.' This sure seems

to be supportive of that kind of initiative.

SEVERIN BORENSTEIN

Well, I'm not sure I'd agree with that, actually. The domestic

development of natural gas is a good idea, but what happened here was

the PRICE of natural gas was so low for 20 years that firms have

stopped looking for it because it wasn't remunerative. Now with the

PRICE of natural gas skyrocketing, and that's used to make a lot of