El Paso Corp. (ticker: EP, exchange: New York Stock Exchange (.N))
News Release -
21-Dec-2000
El Paso Energy Responds to LawsuitsHOUSTON, TEXAS, December 21, 2000—El Paso Energy Corporation (NYSE:EPG),
through its spokesperson, Norma F. Dunn, today issued the following statement
regarding two lawsuits that were filed on December 18 in California alleging a
conspiracy between certain El Paso affiliates and certain California
utilities:
"It is our usual policy to refrain
from commenting on pending litigation; however, in light of the attempts made by
plaintiffs' attorneys to garner wide-spread publicity for these lawsuits, we
feel it is necessary to issue a public and unequivocal denial of their claims. Neither El Paso Energy Corporation nor
any of its affiliates have been or are now engaged in any illegal activities,
alone or in combination with any other parties, to increase energy prices or
create energy shortages in California. Claims
that El Paso has caused or contributed to the present energy crisis in
California are false, and the recently filed lawsuits have no factual or legal
basis. A simple review of publicly
available information reveals the inaccuracy of many of the allegations."
The facts described in the letter dated
December 13, 2000, from El Paso Energy president and chief executive officer
William A. Wise to the Federal Energy Regulatory Commission illustrate that
El Paso Energy has not engaged in conduct that is alleged to have contributed to
the recent sharp increase in California natural gas prices. The letter, available at
http://www.epenergy.com/press/linked/ceolettertoferc.pdf,
explains that, commencing well before the recent upswing in natural gas prices,
El Paso had limited its opportunity to profit from such increases by putting in
place financial hedges designed to protect against falling prices. Dunn emphasized that this hedging belies
the assertion that El Paso had anticipated the recent increase in natural
gas prices, much less been involved in causing it. "Similarly, the lawsuits' claims of
a conspiracy overlook, misrepresent, and misinterpret evidence and events that
contradict the contrived conspiracy theory and render it totally
unbelievable," she said.
"As to the charge that Merchant Energy
withheld its capacity to drive up California gas prices, commencing before the
recent price increases and throughout this period, virtually all of that
capacity that has been physically available has been utilized to move gas to
California," Dunn added. "The capacity of California's own in-state facilities to
receive gas is not physically sufficient to accept much more gas than has been
shipped."
In his December 13 letter, Wise
expressed El Paso's commitment to help alleviate California's current energy
crisis and identified specific steps that El Paso is willing to take toward that
end. The letter also pointed out
that when the shortages first became apparent, El Paso demonstrated its
desire to be part of the solution, not the problem, by voluntarily operating its
only gas-fired merchant electric generating plant on an uneconomic basis at
times to help meet the demand for power.
"We deplore this attempt by
plaintiffs' attorneys to advance their cause by taking advantage of the media
focus on California's unfortunate circumstances," Dunn stated. "As virtually all knowledgeable
parties have publicly recognized, the present energy shortages result from the
concurrence of a variety of circumstances, including unusually warm summer
weather followed by high winter demand, low gas storage levels, poor
hydro-electric power conditions, maintenance downtime of significant generating
facilities, price caps that discouraged power movement from out-of-state into
California, etc." She concluded
by saying that El Paso intends to respond to the California lawsuits in court,
refuting with independent evidence all claims that it played any illegal role in
California's current crisis, and that El Paso expects to prevail in that
litigation.
With over $21 billion in assets, El Paso
Energy Corporation is one of the largest integrated natural gas-to-power
companies in the world. El Paso
Energy not only owns North America's largest natural gas pipeline system, but
also has growing operations in merchant energy services, power generation,
international project development, gas gathering and processing, and gas and oil
production. On May 5, the
stockholders of both El Paso Energy and The Coastal Corporation overwhelmingly
voted in favor of merging the two organizations. The merger is expected to close in the fourth quarter of this year,
concurrent with the completion of regulatory reviews. Visit El Paso Energy's web site at
www.epenergy.com.
This release includes forward-looking statements and
projections, made in reliance on the safe harbor provisions of the Private
Securities Litigation Reform Act of 1995. The
company has made every reasonable effort to ensure that the information and
assumptions on which these statements and projections are based are current,
reasonable, and complete. However,
a variety of factors could cause actual results to differ materially from the
projections, anticipated results or other expectations expressed in this
release. While the company makes
these statements and projections in good faith, neither the company nor its
management can guarantee that the anticipated future results will be achieved. Reference should be made to the company's (and its affiliates')
Securities and Exchange Commission filings for additional important factors that
may affect actual results.
|