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City Hall Standoff Putting Official's Future in Doubt.


IT's not just the energy producers and wholesalers who are making a mint off the state's energy crisis. The lawyers are cleaning up, too, including some right here in L.A. And L.A.-based entities are either on the filing or receiving end of many of these lawsuits.

Already, at least a half dozen major lawsuits have been filed, with many more to come. "We're talking about billions of dollars at stake here, so it's little wonder that the attorneys have been involved," said Arthur O'Donnell, editor and associate publisher of California Energy Markets, an industry newsletter. "When all is said and done, the lawyers are going to rake in tens of millions of dollars, if not more, in fees."

Here's the rundown of key lawsuits so far:

* Southern California Edison Southern California Edison (or SCE Corp), the largest subsidiary of Edison International (NYSE: EIX), is the primary electricity supply company for much of Southern California. It provides 11 million people with electricity.  filed suit last month against the Federal Energy Regulatory Commission The Federal Energy Regulatory Commission (FERC) is the United States federal agency with jurisdiction over electricity sales, wholesale electric rates, hydroelectric licensing, natural gas pricing, and oil pipeline rates.  for failing to cap wholesale power prices. Gov. Gray Davis filed an amicus brief siding with Edison, but so far, it's done little good. A federal judge turned Edison's request down and sent Edison back to the FERC FERC Federal Energy Regulatory Commission
FERC FEMA Emergency Response Capability
 for relief.

* Edison and Pacific Gas & Electric have filed suit against the state Public Utilities Commission, asserting that the agency does not have the authority to keep power rates capped. Edison, represented in court by noted local attorney Ron Olson of Munger, Tolles & Olson, won the first round last week when U.S. District Judge Ronald Lew ruled that Edison is entitled to pass on reasonable costs to its ratepayers.

* The Pasadena-based California Power Exchange filed suit two weeks ago in the U.S. Court of Appeals against the FERC, seeking to reverse portions of FERC's Dec. 15 order for remedies to California's malfunctioning wholesale power market. Specifically, the Power Exchange wants reinstatement of the utilities' ability to buy power in the "day-ahead" market and of the rates it was charging in its futures market futures market, a commodity exchange where contracts for the future delivery of grain, livestock, and precious metals are bought and sold. Speculation in futures serves to protect both the developers and the users of the commodities from unfavorable and unpredictable .

* Last month, a group of law firms specializing in class-action litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 filed a class-action lawsuit on behalf of customers of Edison, PG&E and San Diego Gas & Electric, alleging that eight power marketing firms have manipulated the wholesale electricity market and gouged consumers. The suit seeks $1 billion in refunds and some $3 billion in punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. .

* Another pair of lawsuits from class-action specialty firms was filed last month, seeking unspecified billions of dollars in damages against Southern California Gas This article or section needs sources or references that appear in reliable, third-party publications. Alone, primary sources and sources affiliated with the subject of this article are not sufficient for an accurate encyclopedia article.  Co., SDG&E and El Paso Natural Gas El Paso Natural Gas is a system of natural gas pipelines that brings gas from the Permian Basin in Texas and the San Juan Basin in New Mexico and Colorado to West Texas, New Mexico, Nevada, California and Arizona. It also exports some natural gas to Mexico.  Corp. The suit, filed by five law firms, including L.A.-based O'Donnell & Schaeffer, alleges that executives of the gas companies met in 1996 and conspired to drive up natural gas prices by agreeing not to compete with each other.

Newsletter editor O'Donnell said the legal fun and games "Fun and Games" is an episode of the original The Outer Limits television show. It first aired on 30 March, 1964, during the first season. Opening narration
 are just beginning. Last week in his State of the State address The State of the State Address (alternatively Condition of the State Address) is a speech customarily given once each year by the governors of most states of the United States. , Gov. Davis said he would, if necessary, seize control of power plants to ensure that they deliver electricity to California customers. "There's no way Davis can do that without some legal authority; and if he tries, the generators will be in court before you can blink an eye," O'Donnell said.

Other proposals to fix the state's broken power deregulation Deregulation

The reduction or elimination of government power in a particular industry, usually enacted to create more competition within the industry.

Notes:
Traditional areas that have been deregulated are the telephone and airline industries.
 system are also likely to end up in court, including the taking of land for construction of new power plants.

But all this would pale before the legal bonanza that would occur if Edison or PG&E or both were to file for bankruptcy. In that case, dozens of law firms and hundreds of lawyers would swoop in. Institutional utility shareholders and bondholders would send in their lawyers, as would several classes of creditors, from power generators to lending institutions and assorted vendors. Consumer groups would want to be at the bankruptcy table, as would major industrial power users. The state would have a whole battery of lawyers, as would various cities that buy power from the utilities.

"If there's a bankruptcy or even a series of defaults, that would probably lead to a legal pileup," O'Donnell said. "The legal fees would increase exponentially into the hundreds of millions of dollars."
COPYRIGHT 2001 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2001, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:energy crisis sparks lawsuits
Comment:City Hall Standoff Putting Official's Future in Doubt.(energy crisis sparks lawsuits)
Author:FINE, HOWARD
Publication:Los Angeles Business Journal
Article Type:Brief Article
Geographic Code:1USA
Date:Jan 15, 2001
Words:674
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