FERC orders Enron to forfeit over $32 mln in profits

The Federal Energy Regulatory Commission recently ordered Enron Corp. to forfeit $32.5 million in "unjust profits" from wholesale power sales and called for a combined review of all violations by the company in the western energy market that could result in much larger refunds.

The commission said it upheld the earlier findings of a FERC administrative law judge, who found Enron violated FERC's market-based rate authority by failing to notify the commission of power sales when it controlled El Paso Electric's facilities.

The commission also ordered a law judge to compile a complete record of all Enron activities to determine the total amount of illegal profits that the company must return to customers.

FERC said Enron "potentially could be required to disgorge profits for all of its wholesale power sales in the Western Interconnect for the period January 16, 1997 to June 25, 2003." The $32.5 million fine was the result of Enron's dealings with El Paso Electric Co.

During certain hours of the week, FERC said Enron operated El Paso's power marketing desk and entered into contracts for El Paso solely at the discretion of Enron -- and thus had control of El Paso Electric's generation assets.

Enron failed to inform FERC of this business relationship with El Paso, as required under the agency's prior order authorizing Enron to make wholesale power sales.

BIGGER REFUNDS SOUGHT

Enron will deposit the $32.5 million in a fund already established at the Treasury Department for disbursement of refunds to customers.

Western state lawmakers have urged FERC to order much larger refunds against Enron for the company's alleged role in causing higher energy prices during the region's 2000-2001 power crisis.

FERC Chairman Pat Wood went to Capitol Hill recently to discuss the Enron matter with Democratic Sen. Maria Cantwell of Washington and other members of the Senate Commerce Committee.

In their private meeting, Cantwell said she would press Wood on why FERC has failed to provide relief to victims of Enron's price gouging in western states.

In separate government action against the company earlier this week, the Commodity Futures Trading Commission imposed a $35 million penalty on Enron to settle charges the company manipulated natural gas prices in July 2001.

Separately, the FERC ordered an expedited hearing on a complaint by Sierra Pacific Resources Corp. subsidiaries Nevada Power Company and Sierra Pacific Power Company over contracts with Enron's power marketing unit.

The complaint involves contracts entered into pursuant to the Western Systems Power Pool agreement in 2001 and terminated by Enron in May 2002. The companies claim that Enron did not have the right to terminate the contracts and therefore is not entitled to termination payments of over $300 million.