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Enron debate has now shifted away from what caused the firm's bankruptcy
to what the bankruptcy means to employees, executives, pensions,
and Kenneth Lay's Aspen houses in essence, to the more dramatic
stories surrounding the demise of the "once great" company.
The court battles will go on for years, and the outcome of those
battles will largely help only the lawyers. But there are lessons
to be learned, and we need to look at the economic conditions that
fostered Enron's meteoric ascent and even faster demise.
Looking back,
it's clear that a necessary condition for such a dramatic rise is
"the sure thing" or "the one-sided bet." With
just a short step back in history, you can easily find other companies
that also found themselves looking at a sure thing, and, almost
without fail, their stories ended unhappily. In nearly each of these
episodes, the "sure thing" was the direct result of policy
mistakes. Interestingly, the data also suggest that it is policy
changes in the right direction that put a precipitous end to these
"sure thing" or "one-sided bet" cycles.
So what led
to the one-sided bet for Enron? It was NRO Financial's Larry Kudlow
who first noticed the key. On his new TV program, America Now,
he showed a chart of the Enron stock price versus a chart of a commodity
price index. The fit was surprisingly tight. Larry's partner on
the show Jim Cramer went ballistic when Larry pointed
out that Enron, as a stock, had not done all that well until commodity
prices firmed up. The implication of Larry's chart was that the
positive trend in commodities presented Enron with a nice trading
opportunity or their one-sided bet.

Buying energy
now and selling it in the future at a higher price would lead to
nice profits. However, one can argue that if markets are reasonably
efficient, they will eliminate the simple profit opportunities.
This is where the policy mistakes come into play. It appears that
California was, inadvertently, an enabler of Enron's meteoric rise
and fall.
California-Style
Deregulation
In 1996, during the Pete Wilson administration, the California legislature
enacted regulations that cut retail energy prices by 10% and froze
them there for six years. Only wholesale electricity prices were
deregulated and allowed to rise and fall with the market. The law
forbade electricity companies from signing long-term power-supply
contracts. In fact, the law explicitly required the electricity
companies to buy electricity in a daily spot market. This was a
key provision that allowed energy traders like Enron to make hay
while the sun shined. Put another way, it afforded a favorable environment
of rising energy prices. The California Power Exchange (CPE) and
the Independent System Operator (ISO) were the two market makers
in the "deregulated" California system.
The system
was supposed to work as follows: Every day, suppliers would offer
power in the form of bids to the CPE. The exchange then bought as
much power as was needed for the day, starting with the lowest bid
and continuing through higher bids until it filled the quota. The
last successful bidder set the price for the whole market. The second
market maker, the ISO, would step into the market to buy emergency
supplies, paying whatever was necessary to prevent blackouts.
Looking at
the history of California, it is obvious that regulation prevented
the construction of new plants, especially base-type plants, since
these would most likely be nuclear power plants. By not allowing
base (nuclear) power to grow, state regulations have increased the
dependency on more expensive, at-the-margin, domestic sources of
energy.
The explicit
prohibition against signing long-term contracts forces California
energy suppliers to move away from base-type solutions into marginal
energy-type solutions. During periods of excess national production
(i.e., low energy prices), marginal plants will not be used to satisfy
incremental demand. The cheapest alternative for California in this
environment is to buy excess base production from other states.
Hence, during energy gluts, the marginal cost of imported energy
will be well below the average cost of producing energy. However,
during times of high demand, base production will be consumed and
suppliers will only produce at the margin if it is profitable. Hence,
during those times, the cost of importing energy will be well above
the average price.
With all this
in mind, let's look at the events that led up to the Enron collapse.
In 1998, the
system worked fairly well. Energy prices were low and supply was
plentiful. Suppliers submitted low bids in hopes of having their
plants utilized. They knew that if they were the lowest bid they
would very likely receive the higher rate for that day. With plentiful
energy, the system worked well, but these conditions gradually changed.
During the second half of the decade, the U.S. economy grew at or
near a 4% real rate annually. Energy demand grew even faster.
Hence, as the
decade came to an end, the rising demand was pushing the economy
up along its energy-cost curve. The glut conditions were slowly
disappearing. The culmination of this process occurred during the
spring of 2001. Low water levels in the hydroelectric systems serving
California and rising natural-gas prices added to scarcity and energy
prices rose.
That scarcity
exposed the fragility and rigidity of the California energy policy.
It provided the "one-sided bet" that a company like Enron
could exploit. In the face of rising energy prices, every bid got
snapped up. That led to a reverse speculative attack against the
system. Suppliers had an incentive to further reduce the available
supply to the system to insure escalating prices. This reverse speculation
acted to reduce the available supply of energy, forcing the system
to depend more on spot-market conditions.
For example,
with energy shortages, power-plant outages would increase, in turn
increasing the need for the ISO to enter the market to insure that
there would be no blackouts. Also, knowing that the ISO would have
to go into the market, energy suppliers had a no-lose situation:
They could ask for higher prices from the CPE, and if the bid got
accepted everyone would gain. If the bid was not accepted and not
much was offered, then the ISO would enter the market to insure
there would be no blackout.
The gaming
of the system did not stop there. As regulation changed, new rules
required electricity generators bidding in excess of $150 per megawatt
hour to prove they had costs high enough to justify that price.
Well, some suppliers with long-term energy/gas contracts could justify
it. They sold their gas in the open market, making a profit on their
long-term contracts, and then turned around and bought the gas in
the open market to use in the production of electricity. That way
they could justify the higher cost and thus qualify for the higher
prices paid by California.
All of this,
while perfectly legal, illustrates how regulations and controls
were gamed in a way that produced higher prices and significantly
higher profits for the providers.
In fact, looking
at the process, as long as the regulations were in place and unchanged,
the profit opportunities were almost risk-free. The one-sided-bet
was on. The suppliers took advantage of the situation; they simply
responded to the incentive structure set up by California's regulators.
Viewed this way, California was an inadvertent enabler of Enron's
meteoric rise.
California's
governor reacted to the crisis in a very populist way. Without rehashing
all the policy actions taken, California ended up taking a number
of actions that varied in their effectiveness. Some of these actions
actually hurt the state. However, there was one little and unnoticed
action that reversed the trend. Neither policymakers nor Enron executives
grasped the significance of this policy action. However, it proved
fatal for Enron.
California
significantly raised the energy price to consumers. Throughout the
"deregulation period" prices to residential users were
frozen. Hence, households had no real incentive to conserve energy.
However, when energy prices quadrupled, California consumers found
in their hearts the desire to conserve energy. Miraculously, as
soon as prices quadrupled, the crisis subsided. Energy prices began
to decline in California and so did Enron's profit margin.
And that's
not all that happened. As the expression goes, when it rains it
pours. The downturn in energy coincided with the economic slowdown
and the Internet bubble bursting. In short, the volume and, to a
large extent, the prices of everything that Enron made a market
(and had positions) on, went down.
After
the Fallout
The question now is how solve the problems that swim in the wake
of the Enron collapse. There are two possible solutions: one is
a government-mandated solution and the other is a continued reliance
on market forces. It looks like we're going to get both.
The impetus
for a government-mandated solution is quite evident. It seems that
campaign finance reform is likely to pass as a result of Enron.
The fallout could also result in new IRA regulations, too.
The market
process will be relatively straightforward. If the issue was that
investors had a tough time understanding the balance sheet of the
company and the complicated accounting structure allowed Enron to
do certain things they should not have done, the market will now
punish firms with complicated structures. Those with fewer footnotes
in their statements will become more attractive companies.
Yet, the last
thing we need is a move toward more regulation the condition
that enabled Enron's gaming structure to thrive. The California
example makes it abundantly clear that deregulation was not the
culprit.
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