KEN LAY'S ALIVE!
  White Collar Crime-  California's lights went out and energy 
barrons made billions. 

  By Greg Palast :  21 Jul, 2006 
http://www.suchetadalal.com/articles/display/46/2186.article
 

Don't check the casket.  I know he's back. When I saw those lights 
flickering out at La Guardia Airport yesterday and heard the eerie 
shrieks and moans in the dark, broiling subway tunnels, I just knew 
it:  Ken Lay's alive!  We can see his spirit in every flickering 
lightbulb from Kansas to Queens as we head into America's annual 
Blackout season.

It wasn't always so. For decades, America had nearly the best, most 
reliable electricity system on the planet and, though we grumbled, 
electricity bills were among the planet's lowest.  It was all thanks 
to Franklin Roosevelt and the Public Utility Holding Company Act 
which allowed for tough regulation of the power monopolies.  They 
were told what they could charge, the maximum profit they could take 
and -- what I think about when the lights dim -- exactly how much 
they had to invest to keep the juice flowing.

But then, in 1992, a Texas oil man, George H.W. Bush, ordered to 
evacuate the White House by two-thirds of the US electorate, gave 
his Houston crony, Ken Lay, a billion-dollar good-bye kiss:  Bush's 
signature authorizing deregulation of electricity.

But Lay's operation didn't pick up the really big bucks until after 
December 21, 1994, when the Enron chief wrote to the incoming 
governor of Texas, George W. Bush, asking the Governor-elect to 
grant him a special wish for Christmas:

"The Public Utility Commission appointment is an extremely critical 
one.  We believe Pat Wood is best qualified…. Linda joins me in 
wishing you and Laura and the whole family a joyous holiday. - 
Sincerely, Ken."

And Georgie-Boy granted Kenny-Boy's wish, appointing Wood and 
thereby giving Texans an electricity regulator who stumped for Ken 
Lay's right to earn unlimited profits without any obligation to keep 
the lights on.  Thus, by 1995, electricity deregulation had a 
foothold in the Lone Star state that would spread nationwide like 
Dutch Elm Disease.

But, unsatisfied with excessive profits, Lay and his team went for 
unconscionable profits, flickering the lights in California in the 
winter of 2000.  "Let poor Aunt Millie … use candles," said one of 
Lay's minions as he deliberately schemed to engineer black-outs.  
When the public reacted with anger, Bill Clinton, by a December 2000 
executive order, ended Enron's right to trade power.  Lay's response 
was, that month, through a lobbyist, to tell President-elect Bush to 
promote Lay's puppet regulator, Wood, to the Federal Energy 
Regulatory Commission.  Kenny-Boy wished it, and again, Georgie-Boy 
granted it.

Lay's hand-picked federal regulator Wood then kept the game going 
until, on August 14, 2003, the entire northeast, from Ohio to New 
York, went dark.  Wood had to take the blame and resigned.  Bush 
replaced him with Joe Kelliher, a regulator nominated by -- no 
points for guessing -- Ken Lay.

In the old, pre-Ken days of regulation, my fellow economists used to 
complain about something called the Averch-Johnson Effect.  The A-J 
Effect was the result of regulations which gave companies incentives 
to gold plate the electricity system, making it way TOO reliable.  
Too much cash was spent on keeping the lights on. 

Well, gone are the days of the A-J effect.  The gold-plating is 
gone -- but not the gold.  Under regulation, power sellers were 
limited by law to a profit of about 9%, what the law called a just 
and reasonable return.  Now, the profits can be -- and are -- 
unreasonable, unjust and just out of sight. 

For example, one company, Entergy, owns a nuclear plant in New York 
called, Indian Point. They get to charge for nuclear power as if it 
were produced by oil -- that is, they charge New York City residents 
at a price effectively set by OPEC, prices boosted by the war in 
Iraq. Not surprisingly, Entergy today reported a record rake-in of 
profits from their nuclear business.  No 9% limit for these good old 
boys.  On top of that, the power company is relieved of all 
obligations to keep the lights on in New York City. 

 
And in New Orleans.  The same company supplies all of the 
electricity in the City that Care Forgot. Under deregulation, they 
hadn't gold-plated the system; they hadn't even water-proofed it.  
Last year, when the levees burst and the city flooded, Entergy 
simply turned off the lights and declared their New Orleans 
subsidiary bankrupt.  Leaving New Orleans in the dark was a 
profitable decision.  The company reported a 23% leap in earnings 
for the third quarter of 2005, the period including Hurricane 
Katrina, a profit boost they attributed to "the weather."  Hey, are 
these guys droll, or what?

This year, Entergy's profits have stayed up in the clouds, no doubt 
helped by the cash the company saved by not bothering to restore 
electricity to a large number of their customers in New Orleans --
who remain in the dark even today.

By now, you've got to ask:  after the profiteering from Katrina, 
after the California power scandal of 2000, after the Great Black-
out of 2003, even after the hand-cuffing of Ken Lay, why are we 
still under a deregulation regime that Ken Lay seems to rule from 
the grave?  Why is it that we're still at the mercy of power 
vampires?  

The answer, in part, is that the bloodsucking is a bi-partisan 
feast.  Entergy, the New Orleans nuclear company, is well defended 
in the US Senate by their former lawyer, Hillary Rodham, who now 
protects them under her new alias, Senator Clinton. 

Ken Lay's gone, but the ghost of Ken Lay -- the marauding ghoul 
called deregulation -- stays to haunt us. 

For more on Ken Lay, Entergy, New Orleans and the politics of power, 
read Greg Palast's just-released New York Times bestseller, "ARMED 
MADHOUSE:  Who's Afraid of Osama Wolf?, China Floats Bush Sinks, the 
Scheme to Steal '08, No Child's Behind Left and other Dispatches 
from the Front Lines of the Class War."  (Penguin Dutton 2006.)

Palast is also co-author of a treatise on the power 
industry, "Regulation and Democracy" with Jerrold Oppenheim and Theo 
MacGregor (United Nations ILO 2000/Pluto UK 2002).

o o o  o
Go to http://www.gregpalast.com/.









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