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Did Enron Pillage California?

by Jerry Taylor and Peter VanDoren

No. 72 August 22, 2002

Revelations this summer about Enron Energy consequence of the market structure imposed by
Services’ byzantine electricity-trading practices have the California political system.
fueled charges that merchant power producers and In any case, it’s unclear whether the trading strate-
traders artificially engineered the California elec- gies in question actually served to increase prices on
tricity crisis of 2000–01. A careful examination of balance. Even economists who are convinced that
the suspect trading practices, however, reveals that they did contribute to the increase in electricity prices
there’s less to those charges than meets the eye. attribute only about 5 percent of the alleged over-
The trading strategies in question all involved charges to the strategies at issue. Most of the price
the pursuit of arbitrage opportunities, which spike of 2000–01 is explained by drought, increased
arise when price discrepancies exist for a com- natural gas prices, the escalating cost of nitrogen
modity in different locations or time periods. oxide emissions credits, increases in consumer
Exploiting arbitrage opportunities generally demand stemming from a hot summer and then a
enhances economic efficiency by ensuring that cold winter, and retail price controls that prevented
electricity is reallocated where it is needed most. market signals from disciplining producers or con-
While some of the arbitrage opportunities were sumers. The price collapse in the summer of 2001
artificially manufactured by the companies stemmed from a reversal of those conditions, not the
themselves (in ways that may or may not have vio- imposition of federal price controls or the elimina-
lated the law), most of them arose as a natural tion of the trading practices in question.

Jerry Taylor is director of natural resource studies at the Cato Institute; Peter VanDoren is editor of Regulation, the
Cato Review of Business and Government.
The recent release of various internal three markets—a “day-ahead” market, a
Enron memoranda1 has reignited the “reserve” market, and a “real-time” market.2
firestorm of controversy about that compa- The existence of three venues for the sale of
ny’s role in the California electricity crisis of electricity created uncertainty about which of
2000–01. Colorful Enron business practices them would deliver the best price and, thus,
with sinister code names like “Fat Boy,” even more arbitrage opportunities than
“Ricochet,” “Get Shorty,” “Load Shift,” and would exist in a typical new market.
“Death Star” look to many observers like a The day-ahead market was managed by the
series of smoking guns placing responsibility Power Exchange (PX), which solicited hourly
for much of the crisis at the company’s output bids (amounts and prices) from all
doorstep in Houston. Although Enron generators a day in advance of production
might be the perfect political fall guy for while also soliciting estimates of hourly
California politicians desperate to lay blame demand (quantities only) from the three
outside the state capital, there’s less here incumbent utilities (Pacific Gas & Electric,
than meets the eye. Southern California Edison, and San Diego
Gas & Electric), as well as from independent
marketers of electricity, like Enron, which had
Arbitrage 101 contractual obligations to serve customers.
The PX accepted supply bids in order of price
Enron’s strategies all involved the pursuit (cheapest bids first) until the supply equaled
of arbitrage opportunities, which arise when the expected demand. The cost of the most
price discrepancies exist for a commodity in expensive unit of energy needed to meet
different locations or time periods. Traders expected demand in any given hour estab-
who engage in arbitrage make money by buy- lished the price for all the power bought
ing low in one place or at a given time and through the PX for that hour.
selling high in another place or in the future. After the PX produced hourly prices for
Despite what newspapers might lead you to the next day, the Independent System
believe, arbitrage is a good thing; it reallo- Operator (ISO)—the hands-on manager of
cates commodities from places where or the California transmission system—solicited
times when they are plentiful to places where bids for reserve, or standby, power, that is,
or times when they are scarce. electricity that would be used by the ISO if
In competitive markets, arbitrage oppor- shortages occurred as the electricity was gen-
tunities do not persist for long. In poorly erated and consumed, the day after the PX
functioning markets—to which entry barriers auction. Shortages could and did arise
are high or about which good information is because of unexpected changes in the weath-
extraordinarily hard to come by—arbitrage er or transmission-line or generator failure.
opportunities can persist for some time. This was the second market in which genera-
Good information about California’s tors could participate.
restructured electricity market was hard to Instead of supplying reserve energy in the
obtain for two reasons: it was a new market, reserve market, generators could supply
and it was three markets rather than one. reserve power “accidentally” by generating
New markets present arbitrage opportu- more in real time than they said they would
nities not found in established markets in the day-ahead PX auction. The generators
because some participants know a lot more would receive the ISO real-time price for the
about supply and demand than others at the differences from the day-ahead schedule.
beginning of the game. It takes time before This price was different from both the PX
all participants are on an equal footing. price and the reserve-market price. The real-
Learning was made more difficult because time market was the third market available to
the California electricity market was really producers.

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An additional source of arbitrage possibil- prices. Consider, for instance, “Load Shift,”
ities was transmission-line congestion, which whereby Enron scheduled power deliveries in
sometimes prevented lower-cost electricity the day-ahead market that it never intended
from entering high-cost areas. Generators to execute through an important north-south
that submitted bids to the PX also submitted often-congested California transmission cor-
prices that indicated their willingness to ridor known as Path 15. The idea was to cre-
incrementally increase or decrease output to ate a bottleneck in the electricity delivery sys-
relieve transmission congestion.3 If simulta- tem. Enron would then cancel the transaction
neous adherence to generator schedules in real time and collect payments for relieving
would congest a transmission line, the ISO the congestion it had “created.” The arbitrage
adjusted the schedules to relieve the conges- opportunity existed because the payments for
tion at least cost, which could be done either alleviating congestion (up to $750 per
by rerouting power off a congested line or by megawatt-hour according to one Enron
increasing the flow of power against the memo) could exceed electricity prices under
direction in which the line was congested. price controls ($250 per mWh).
If arbitrage worked well, congestion relief Another congestion-related arbitrage
prices and electricity prices would be the opportunity was known as “Death Star.”
same. But once price controls for electricity Enron would schedule transmission along
were introduced in the California market in Paths 15 and 26 to relieve congestion, there-
the summer of 2000, those prices could and by collecting congestion relief fees from the
did frequently diverge, and that divergence ISO. But Enron would not really generate
presented another arbitrage opportunity. additional power. Instead, it would import
Price controls created additional arbitrage the electricity along lines outside the ISO’s
possibilities because prices outside California regulatory purview elsewhere in the West and
were not controlled. Generators withdrew then ship it back along Paths 15 and 26 in
power from the California market and sold it order to collect the congestion relief pay-
in other western states at higher prices and ments. Again, Enron discovered it could
then sometimes reimported it to California. make more money by moving electrons
Under ideal conditions—and in the around strategically than by selling power
absence of transmission congestion and price directly in the California wholesale market.
controls—prices for day-ahead, reserve, and A shadier variation on the “Death Star” strate-
real-time energy during each hour would be gy saw Enron scheduling to relieve congestion,
equal in all areas of the West including collecting the congestion charge for doing so, and
California. No arbitrage opportunities would then failing to provide the promised electricity.
exist. But because the ISO auction was con- The arbitrage opportunity existed because the
ducted after the PX auction, and real-time ISO paid the congestion relief charge in advance
prices were determined still later, uncertainty and didn’t ask for its money back if the company
existed about which venue would have high- failed to deliver. The congestion relief charge,
er or lower prices. moreover, was greater than the penalty paid by
Enron for not delivering the scheduled power.
The ISO quickly realized that companies were
The Skinny on Trading taking advantage of this loophole and ordered
Strategies them to cease this practice in August 2000, and
Enron apparently complied.
The trading practices pursued by Enron With a strategy termed “Fat Boy,” Enron
were essentially attempts to take advantage of traders would try to exploit discrepancies
discrepancies between prices in the three mar- between demand in the day-ahead and real-
kets, prices in California and other states in time markets. This happened frequently
the West, or electricity and congestion relief because the incumbent utilities, particularly

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Pacific Gas & Electric, would often underes- that the company had obtained “reserve”
timate demand in the day-ahead market in power through contract so that the ISO
order to reduce and then lock in prices in the would not have to obtain standby power for
PX. When the demand in real time was Enron’s portion of the daily load. Claiming
greater than the PX forecast, the ISO would that it had obtained reserve power allowed
buy additional power at prices higher than Enron to avoid having to pay the ISO for
those in the day-ahead market. standby generators.
When Enron traders suspected that In reality, Enron had not contracted for its
demand in real time would be higher than own reserve, although the ISO did not know
the demand estimate in the day-ahead mar- that. Usually, this was not a problem, but on
ket, they would overstate the anticipated at least one occasion, an out-of-state genera-
demand of Enron customers and schedule tor of electricity for Enron cut off Enron and
generation to meet that demand in the day- the ISO had to replace the electricity with
ahead PX market. In real time, Enron would reserves in real time. Although this strategy
use less than it had scheduled in the PX and appears to involve fraud, it probably resulted
would be credited for its “excess” generation in more supply coming into the state than
at the real-time price, which would be higher would otherwise have been the case because
than the PX price. many of those sales would not have been
“Get Shorty” was a strategy employed profitable had Enron had to pay the ISO for
when Enron guessed that the real-time price obtaining reserves.
would be lower than the day-ahead price. These colorfully named Enron operations
Traders would sell power into the overpriced are just the latest in a list of industry prac-
day-ahead market, cancel the planned gener- tices that have come to light, some of which
ation the next day, and purchase relatively seem less than kosher and some of which are
cheaper electricity in the glutted real-time just clever. An example of the former is some
market to cover the commitment to deliver. power suppliers holding back electricity from
Nothing wrong with that. the price-controlled day-ahead and reserve
Other less flashy trading strategies includ- markets in hopes that the ISO would pay
ed buying California electricity in the day- exorbitant prices in real time to keep the
ahead market at the regulated price of $250 lights on. An example of a clever strategy is
per mWh and then exporting that power out companies taking advantage of the rules in
of state where prices were unregulated and the day-ahead market that allowed them to
two to five times higher than the controlled break up their output into 16 price-quantity
California price. That Golden State politi- segments. Under the rules of the auction, as
cians are shocked—shocked!—that price con- noted earlier, the most costly unit of electric-
trols could backfire in such a manner is more ity needed to meet demand set the price for
a reflection of the economic illiteracy of all electricity sold into the market that hour.
California politicos than of the underhand- Generators bid the 16th, smallest, and last
edness of Enron. “Ricochet” took this strate- segment of their output at very high prices
gy one step further by turning around and because, if those prices were accepted, all gen-
selling exported California power back into erators would receive a high price for their
the state’s real-time market, thus evading the output.4
price controls. At this time we do not know whether any
Another deceptive strategy traders of Enron’s trading behavior actually broke
employed involved the procurement of the law. There’s a fine and uncertain line
reserve or standby power for Enron’s retail between “market manipulation” (of which
customers. Enron would tell the ISO not there was a vague blanket prohibition in the
only that had it obtained generation to satis- California regulatory code) and clever arbi-
fy the demand of its retail customers but also trage. But that’s largely beside the point for

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California politicos because federal regula- behavior by Enron or other firms.7 Severin
tors are fully empowered to order refunds for Borenstein and his colleagues also conclude
“unjust” and “unreasonable” prices whether that prices in the summer of 2000 were about
lawbreaking was involved or not. With the 50 percent above the marginal cost of the
California state government facing a $20 bil- most expensive generating unit.8 Still, the
lion budget deficit, the pressure is on to take Enron documents are silent on the main
back what appear at first glance to be ill-got- charge that Joskow and others have made—
ten corporate gains. that suppliers purposefully shut plants down
to increase prices. But Harvard professor
William Hogan and consultant Scott Harvey
The Crisis Reconsidered observe that “electricity prices [were] consis-
tently high both inside and outside
The broader point made by the critics of California, which strongly suggests that the
electricity markets is that this corporate problem [was] not the exercise of locational
behavior, even if legal, demonstrates that market power inside California but a wide-
power companies created a crisis out of thin spread shortage of energy and/or capacity” in
air. While this charge resonates politically— the West.9 They conclude that little if any of
particularly given the accounting shenani- the spike remains to be explained once you
gans that have come to light with regard to factor in the supply and demand shocks that
this industry—it is not an accurate economic hit the system.
characterization of the California electricity Given that many of the strategies revealed
crisis of 2000–01.5 in Enron documents had a negligible effect
The Pacific Coast drought, which reduced on the price paid for electricity, served to
hydroelectricity production in the West by the reduce congestion, or increased supply when
equivalent of 7 to 10 nuclear power plants, was the state needed it most, it’s hard to lay much
real. Likewise, the 10-fold increase in whole- of the blame for the spike on Enron traders.
sale natural gas prices in the West, a product of Stanford economics professor Frank
an unusually hot summer and cold winter, Wolak—another academic who argues that
which increased the cost of electricity, was real. market manipulation was ongoing and seri-
Similarly, the fixed quantity of nitrogen oxide ous—concedes that the practices revealed in
(NOx) emission credits—which were required the memoranda had only a minor effect on
in order to run power plants legally in the Los prices (at worst, $500 million out of $10 bil-
Angeles basin—contributed greatly to the lion in overcharges the state wants back by
increased cost of power. And the retail price his estimate).10
controls—which gave no one an incentive to Still, Governor Davis & Co. relentlessly
reduce consumption—were real. The combi- remind us that the crisis broke once federal
nation of natural gas prices and NOx emission price controls were imposed on the western
restrictions alone takes us from 5 cents per power grid. Doesn’t that prove that the sup-
kilowatt-hour to 16 cents per kWh in the sum- pliers engineered the crisis? No more than a
mer of 2000 and 48 cents per kWh in rooster crowing proves that the sun comes
December 2000 without having to discuss any up only at the behest of barnyard fowl. Just as
of the trading strategies described in the price controls were imposed, natural gas
Enron memoranda.6 inventories in the West became normal again
MIT economics professor Paul Joskow, after reaching levels more than 50 percent
perhaps the most credible proponent of the below the five-year average during February
idea that market manipulation played a 2001.11 Electricity demand and thus natural
major role in the crisis, concedes that about gas demand were already reduced because of
half the price spike was the result of this “per- the recession in the spring of 2001. With less
fect storm” and had nothing to do with bad natural gas used to generate electricity and

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no place to store it, prices for natural gas 3. Severin Borenstein, James Bushnell, and Frank
Wolak, “Measuring Market Inefficiencies in
plummeted.12 And lower natural gas prices California’s Restructured Wholesale Electricity
reduced electricity costs. Market,” University of California, Center for the Study
Had federal price controls been imposed of Energy Markets Working Paper 102, June 2002, pp.
before or after those events, the correlation 19–20, www.ucei.org/PDF/csemwp102. pdf.
between intervention and the price collapse 4. Tim Brennan, “Questioning the Conventional
would disappear. Luck, however, was on the ‘Wisdom,’” Regulation 24 (Fall 2001): 65.
governor’s side.
5. See Jerry Taylor and Peter VanDoren, “Califor-
nia’s Electricity Crisis: What’s Going On, Who’s
to Blame, and What to Do,” Cato Institute Policy
Who’s to Blame for Analysis no. 406, July 3, 2001, for a discussion of
Manipulation? the causes of the California crisis.

6. The rate at which the energy contained in natural


California politicians didn’t allow electric- gas is converted into electricity is called the “heat rate.”
ity market structures to arise naturally. A standard heat rate for an older plant is around
Instead, regulators thought that they knew 10,000 British thermal units per kWh. The most inef-
best how the electricity market should work ficient plants, whose costs determine the market price,
require 16,000 Btu per kWh. The rate of 10,000 Btu
and then mandated industrial structures and per kWh is often used for rough calculation because
convoluted economic institutions to make natural gas prices in dollars per million Btu become
that vision a reality. electricity prices in cents per kWh. For example a $10
If Enron or others went outside the law to per million Btu natural gas price results in 10 cents per
kWh electricity costs in a 10,000 Btu per kWh electric
make a buck, they should be prosecuted. But generating plant. See Edward Krapels, “Was Gas to
the responsibility for the games played within Blame? Exploring the Cause of California’s High
the system rests not with the players but with Prices,” Public Utilities Fortnightly, February 15, 2001,
the politicians who crafted the rules of the p. 32, for an example of use of the rough calculation
game in the first place. They didn’t trust mar- for an average and an inefficient plant. Thus the $5.00
per million Btu natural gas price in the summer of
kets—they trusted regulators, power exchanges, 2000 translates to 8 cents per kWh cost (5 × 1.6) of the
nonprofit grid operators, and state-mandated output from an inefficient 16,000 Btu per kWh plant
prices even when many people cried loudly that and the $25 per million Btu natural gas price results in
such rules and price controls create perverse 40 cents per kWh from the same plant (25 × 1.6). By
the summer of 2000, NOx credits were selling for $30
incentives and cripple the market.13 There’s to $40 per pound. Carl Levesque, “Emissions
blame enough to go around. Standards: EPA, High Court, and Beyond,” Public
Utilities Fortnightly, January 1, 2001, pp. 46–47.
Because an inefficient gas-fired plant emits about two
pounds of NOx per mWh, NOx credit prices of $30 to
Notes $40 per pound necessitate an additional cost of $40 to
$80 per mWh (4 to 8 cents per kWh). Krapels, p. 29.
1. The memos are available on the federal Energy Adding 8 cents per kWh to the previously calculated 8
Regulatory Commission website, www.ferc.gov/ and 40 cent figures gives the cost estimates of 16 and
electric/bulkpower/pa02-2/pa02-2.htm#memo. 48 cents per kWh.
The memos are under the heading: “Follow-up
questions with respect to Enron memoranda dis- 7. Conversation with Jerry Taylor, February 8, 2002.
cussing Enron trading strategies in California
whoesale energy markets and California ISO 8. Borenstein, Bushnell, and Wolak, pp. 2, 29.
sanctions for such strategies.” The memo of
December 6 and the “Enron Status Report” (not 9. Harvey and Hogan, p. 69.
dated) are the source of the trading strategies dis-
cussed in this paper. 10. Cited in Patrice Hill, “Regulators Say Enron
Drove Up Prices,” Washington Times, May 16, 2002,
2. Scott Harvey and William W. Hogan, “Issues in p. A3.
the Analysis of Market Power in California,”
October 27, 2000, http://ksghome.harvard. 11. The Energy Information Administration esti-
edu/~.whogan.cbg.ksg/HHMktPwr_1027.pdf. mated that for the week ending February 23, 2001,

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natural gas stocks in the West were only 32 percent 12. The spot price at the Southern California City
of capacity (less than half of the five-year (1995–99) Gate decreased from $14.51 per million Btu on April
average). See Energy Information Administration, 30, 2001, to $3.24 on August 13, 2001. See Natural
Natural Gas Weekly Update, March 5, 2001, Gas Weekly Update May 7 and August 20, 2001.
www.eia.doe.gov/oil_gas/natural_gas/data_publi-
cations/natural_gas_weekly_market_update/ 13. For an alternative restructuring proposal
ngwmu.html. Inventories reached normal levels by without those drawbacks, see Richard Gordon,
mid-July and as of June 6, 2002, were 27 percent “Don’t Restructure Electricity; Deregulate,” Cato
above the five-year average. Journal 20, no. 3 (Winter 2001): 327–58.

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