El Paso Corp. (ticker: EP, exchange: New York Stock Exchange (.N))
News Release -
23-Aug-2001
Subsidiaries of El Paso to File Briefs Demonstrating Complaints are Groundless HOUSTON, TEXAS, August 23, 2001-El Paso Corporation
(NYSE: EPG) announced that its subsidiaries El Paso Natural Gas Company and El Paso Merchant Energy will file briefs tomorrow with the Federal Energy
Regulatory Commission (FERC) establishing conclusively that the complaint filed
by the California Public Utilities Commission (CPUC) is groundless and should be
dismissed.
In separate briefs to be filed with Chief Administrative Law Judge Curtis L.
Wagner, Jr., the El Paso companies demonstrate that neither the factual record
developed at hearing nor the applicable law support the CPUC's allegations.
"The briefs demonstrate unambiguously that El Paso violated no laws or
regulations. Based on a detailed analysis of the facts and law, all elements of
the CPUC's complaint have been refuted," said William A. Wise, president,
chairman, and chief executive officer of El Paso Corporation. "Natural gas
price increases in California were caused by market forces-not the withholding
of pipeline capacity as alleged by the CPUC. The record is clear and
uncontroverted that as California natural gas prices rose, 95 to 100 percent of
the El Paso Natural Gas pipeline system was being utilized-the opposite of
withholding."
In March 2001, the FERC, in a unanimous decision, rejected allegations that
El Paso violated the FERC regulations that govern interactions between a
pipeline and its marketing affiliate. At the hearing before Judge Wagner, the
complainants failed to bring forth facts that the full Commission had not
already evaluated when it rejected the CPUC's affiliate abuse allegations. The
record demonstrates that El Paso Natural Gas' February 2000 capacity auction did
not favor its affiliate over other bidders and that a discount on an affiliated
pipeline was discussed in strict compliance with applicable rules. The FERC
analyzed the substance of these discussions in March and concluded that the
discussions were in compliance with the FERC regulations. Moreover, the
availability of a discount was publicly advertised on the Internet fully three
and one-half months before the FERC regulations required the discount to be
advertised.
The record is unambiguous that the allegations of abuse of market power-which
specifically charge that El Paso Merchant Energy withheld capacity to drive up
natural gas prices-are fantasy. During the time when natural gas prices
increased sharply, the uncontroverted evidence shows that the El Paso Natural
Gas pipeline system was being pushed to its physical limitations and on average
ran at 95 percent of its available capacity. In other words, the pipeline was
essentially full, and indeed on many days, El Paso Natural Gas customers used
100 percent of the pipeline's available capacity.
In addition, the evidence demonstrates that El Paso Natural Gas complied
fully with the FERC regulations that required capacity to be made available to
the public on any given day when El Paso Merchant Energy or any other shipper
was not utilizing it. El Paso's undisputed compliance with these regulations
makes it impossible, both legally and literally, to withhold capacity from the
market.
Most telling is that natural gas consumption in California between May and
December 2000 was approximately 20 percent higher than the average of the same
months for the past four years. This unprecedented increase in demand, which
pushed available pipeline capacity to the absolute limit, was the principal
cause of higher gas prices in California. Market manipulation played no role
whatsoever.
When you step back from the rhetoric and apply settled legal principle, it is
clear that the CPUC has not met its burden of proof, and its complaint should be
dismissed. I am confident that once the law and facts are fully analyzed, El Paso's actions will be found to be appropriate as a matter of law," Wise
concluded.
An initial decision by Judge Wagner is expected by October 9, 2001. That
decision will be subject to review by the full Commission and by the appellate
courts thereafter.
El Paso Corporation is committed to meeting energy needs throughout North
America and the world with operations that span the energy value chain from
wellhead to electron. The company is focused on speeding the development of new
energy sources to address critical energy shortages across the globe. Visit El Paso at www.elpaso.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.
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