FOR IMMEDIATE RELEASE March 23, 2001 SENATOR BOXER POINTS TO NEW EVIDENCE, RENEWS CALL FOR FEDERAL INVESTIGATION INTO POSSIBLE COLLUSION BY ELECTRICITY GENERATORS Washington, DC -- As part for her efforts to help bring an end to California's electricity shortages, Senator Boxer (D-CA) today called once again upon the Department of Justice to launch a federal investigation into the possibility of collusion by electricity generators. In a letter to Attorney General John Ashcroft, Senator Boxer highlighted the need for federal action by pointing to new evidence of price gouging. According to a California Independent System Operator report released this week, wholesale electricity suppliers overcharged California by $6.27 billion beginning last May. These strategies caused the price of wholesale electricity to increase. At the same time, the generators' net income increased substantially from 2000 compared to 1999. For example, Dynegy's net income rose 229 percent, AES Corporation 76 percent, and Calpine 240 percent. In a letter to Attorney General Ashcroft, Senator Boxer wrote, "This market manipulation has led to a series of events that have resulted in blackouts across the state and economic losses for California businesses." Senator Boxer called upon the Bush Administration to begin a prompt investigation of this matter stating, "I am concerned that market power abuse by generators in the electricity market will continue, so prices will be inflated and consumers gouged...The Department of Justice must act to ensure the public's confidence that collusion will not continue to occur in the California electricity market." Senator Boxer, along with California Senator John Burton, first called for a federal investigation into price gouging last December in a joint letter to the Department of Justice. ### N.B. Senator Boxer's letter to Attorney General John Ashcroft follows this release. March 23, 2001 The Honorable John Ashcroft United States Attorney General U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, D.C. 20530 Dear Attorney General Ashcroft: Last December, I sent a letter with California Senator John Burton to the Department of Justice requesting an investigation into potential collusion by generators in the electricity market. I am writing again to inform you of additional evidence and to again urge the Department of Justice to conduct an investigation into collusion by the generators. Earlier this week, the California Independent System Operator (ISO) reported that the wholesale electricity suppliers overcharged California by $6.27 billion beginning last May. The California ISO analyzed confidential bidding data of electricity sales and concluded that the generators manipulated the market to increase prices for California consumers. They found that generators bid twice their costs to produce power. According to the ISO report, the generators, "either submitted bids at prices significantly above marginal cost of their generation unit, or withheld part of the available capacity from bidding or scheduling into the market." Both of these strategies caused the price of wholesale electricity to increase. At the same time, the generators net income increased substantially in 2000 compared to 1999. For example, Dynegy's net income rose 229 percent, AES Corporation 76 percent, and Calpine 240 percent. This market manipulation has led to a series of events that have resulted in blackouts across the state and economic losses for California businesses. This week, Californians faced rolling blackouts on both Monday and Tuesday. Entire crops could be ruined if a blackout interrupts refrigeration. Manufacturing plants sit idle waiting for the power to be turned back on. Since California's economy is 15 percent of the nation's, the impact of the electricity crisis will hurt the entire country. I am concerned that market power abuse by generators in the electricity market will continue so prices will be inflated and consumers gouged. Quite obviously, this will not help to solve California's electricity crisis. I appreciate your prompt attention to this issue. The Department of Justice must act to ensure the public's confidence that collusion will not continue to occur in the California electricity market. BB:sbd