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A Guide to the Enron Collapse:
A Few Points for a Clearer Understanding
By Darren Puscas, Polaris Institute
www.polarisinstitute.org
"You know what the difference is between the State of
California and the Titanic? This is being webcast, and I know I’m going to
regret this, but at least the lights were on when the Titanic went down,"
— then Enron Chief Executive Officer (CEO) Jeffery Skilling’s cold, but
ironic comments at an industry strategy conference in 2001.
"You must cut costs ruthlessly by 50 to 60%.
Depopulate. Get rid of people. They gum up the works."
— Skilling again, this time at an industry strategy conference in 1997.
With the sordid collapse of Enron and the multitudes of
journalists, politicians, economists, academics, and Wall Street types that have
remarked on it, many people have still been asking for a basic, overall guide to
understanding Enron and some of its implications. This article attempts to
contribute in that way, though, given the enormity of the story, it is a far
from comprehensive account. It tries to give a picture of what has gone on so
far, and, following the pattern of the many excellent alternative press writers
following this story, it attempts to broaden the debate from the standard,
narrow financial or scandal-based story you can read in newspapers like the New
York Times (though it has some of that too).
What happened? A short, condensed version
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Enron, a very complex company heavily involved in energy
trading and distribution, was the 7th largest corporation in the U.S. (16th
largest in the world). Despite its enormity and its massive profits before
last year’s fall, it managed to pay no taxes in 4 of last 5 years.
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Jeffery Skilling, who had replaced Kenneth Lay as Enron
CEO in December 2000, abruptly quit in August 2001 and Lay took over,
resuming his old CEO post.
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Enron, mostly through the workings of its former Chief
Financial Officer Andrew S. Fastow, had thousands of offshore partnerships,
an accounting mess, and hid over 1 billion in debt through some of them. It
is this complex arrangement that led to its downfall when this hidden debt
information was disclosed in October 2001
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Enron admitted it had previously inflated its profits by
hiding debt. Consequently, their share price collapsed, which led to the
company’s credit rating being slashed, leaving it unable to borrow its way
out of trouble.
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Enron’s Chair of the Board and CEO Kenneth Lay
dishonestly told employees and others that Enron stock was "an
incredible bargain" even after he had been warned of "potential
scandal" by an Enron executive.
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Enron’s bankruptcy is the largest collapse in corporate
history and has included thousands of job losses.
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Employee’s retirement savings that were tied to Enron
stock were essentially wiped out. As the stock was plummeting, employees
were unable to sell their stock for weeks due to what Enron disclosed as
"a management change"
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Enron’s accountant, Andersen (formerly Arthur Andersen)
did not disclose how bad Enron’s financial situation was, saying its books
were good until Enron failed.
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Andersen and Enron shredded thousands of documents
connected to Andersen’s audits of Enron. Andersen executive David Duncan
is implicated and was fired for orchestrating the shredding, but he later
refused to testify to Congress. It later came out that Enron had been
shedding documents up to early January 2002
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Eleven Congressional committees, plus the justice
department and the Securities Exchange Commission (SEC) are investigating
the collapse of Enron and the role of Andersen.
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One of the biggest stories coming out of this (and
explored in this guide) is that Enron and Andersen were both very connected
to the Bush Administration, the Republican Party, and, to a lesser though
substantial extent, the Democratic Party.
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Bush fibbed about his friendship with Ken Lay,
insinuating that Lay was more of a supporter of Democrat Ann Richards than
Bush during the race to be governor of Texas in 1994. As well, he said that
he didn’t ‘get to know’ Lay until after that election. But in fact,
Lay donated three times more to Bush than to Richards and records reveal
that the Bush/Lay relationship goes back to the time of Bush Senior’s
Presidency.
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Ken Lay quit as Enron CEO on January 23, 2002
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Two days later, in an apparent suicide, former Enron Vice
Chairman J. Clifford Baxter was found dead in his car.
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On January 28th, Enron named a new CEO, Stephen Cooper,
55, managing principal of New York-based restructuring firm Zolfo Cooper.
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***late update***On February 3rd, a report (known as ‘The
Powers Report’) was released by a special committee of Enron’s board
which has now raised "the specter that the foundation of the company’s
downfall was a series of multimillion- dollar crimes." These
include false valuation of assets, bogus deals, and millions pocketed during
this time.
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***late update*** On February 3rd, Ken Lay, through his
lawyer, stated that he refused to testify at his much anticipated upcoming
Congressional hearing, based on his opinion that he won’t get a fair
hearing.
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(To keep up-to-date on government investigation events as
they unfold, see C-Span’s coverage. To read critical news and views on
Enron as new revelations appear, see AlterNet’s ‘EnronGate’ pages)
Enron’s access to the halls of power in the U.S. – a brief snapshot
Enron had incredible access to the White House and Congress,
with Enron contributing and Chair Ken "Kenny Boy" Lay being counted as
a good friend of President Bush’s. They also almost certainly had more access
to Vice President Dick Cheney’s energy policy than any other organization,
having met with Cheney or his aides 6 times over the course of 2001 alone.
It is worth noting that though the core of Enron’s
connections to power were with the Republican Party, there is little doubt that
Enron’s corrupting influence permeated the Democrats as well. Beyond Bush and
Cheney, a few examples of the many other key connections include:
Tom DeLay Texas House Republican majority whip - DeLay has
received $28,900 from Enron in campaign contributions and his Political Action
Committee, ‘Americans for a Republican Majority’ received over $50,000 from
Enron between 1995 and 2000. According to the New York Times, his former chief
of staff, Ed Buckham, and former ‘Americans for a Republican Majority’ head
Karl Gallant, have both been Enron lobbyists. DeLay has consistently been one of
the fiercest proponents of energy deregulation in Congress, including leading
the 2001 push for House energy legislation that was favored by Enron and other
energy companies. DeLay is also Congress’ greatest opponent of Campaign
Finance Reform Wendy Gramm and the Commodity Futures Trading Commission (CFTC)
–In 1993, then CFTC head Wendy Gramm allowed for the exemption of energy
derivatives (a type of complicated financial instrument) from government
oversight, a move backed by Enron which was beginning an expansion of its
derivatives business and wanted to avoid being watched. Five days after her 1993
ruling she resigned from her government post and soon after took a position on
the Enron board, which she holds to this day. The ruling created the type of ‘regulatory
blackhole’ that eventually contributed to Enron’s collapse.
Linda Robertson, senior U.S. Treasury official under
President Clinton – Robertson, who later became the head of Enron’s
Washington office, was paid by Enron to fly to its corporate headquarters to
talk with company management while she was still at the U.S. Treasury
Department. At the time, Congress and the Clinton Administration were discussing
adding rules for oversight of certain derivatives contracts, and Enron saw
Robertson as a key bridge between Congress and the White House. The finalized
law exempted energy trading from oversight, while other financial areas were not
exempted.
Karl Rove, Bush’s top political advisor – just last year,
Rove sold between $100,000 and $250,000 in Enron stock after pressure accusing
him of a conflict of interest.
The entire U.S. Attorney’s Office in Houston was removed
from Enron Investigation – this is because too many of them have personal ties
to current or former Enron employees, a move seen as highly unusual and telling
of Enron’s influence. As well, U.S. Attorney General John Ashcroft has also
withdrawn himself from the justice department investigation, because he has ties
to Enron including having received large campaign contributions during his 2000
bid for a Missouri Senate seat.
Potential ‘smoking guns’ and criminal implications
Things to watch for with potential to blow up into scandals
or criminal charges:
Though this crisis is less about who broke the rules than
about the validity and acceptability of the rules themselves, there are some
potential ‘smoking guns’ and/or criminal implications:
Vice President Dick Cheney’s Silence – Cheney has
consistently refused to give details of his six known contacts with Enron
officials while developing U.S. National Energy Policy during 2001. This is an
industry friendly plan which the House Government Reform Committee has commented
includes 17 policies "virtually identical to positions Enron
advocated." Connected to this, he has refused to disclose who sits on his
Energy Policy Advisory Committee. This secrecy is leading many to speculate that
there may be some very explosive revelations that Cheney is hiding. The General
Accounting Office (GAO) , the investigative arm of Congress, is seriously
considering launching a lawsuit.
Enron executives’ insider information and Ken Lay’s lies
to his employees regarding Enron’s financial state - Why were Enron’s top
executives tipped off in time to bailout, while Enron workers were left with
nothing? For example, why did Enron Chair Ken Lay tell employees in late
September 2001 that Enron stock was ‘an incredible bargain’ when he had
already heard strong warnings from an Enron executive that a potential scandal
was on the horizon? And, perhaps more importantly, why did Enron have in place a
weeks long ban on employees selling their stock options exactly at the time that
the stock was in its biggest freefall?
Andersen’s shredding of papers – beyond the morality of
shredding key documents at anytime knowing what Andersen knew about the Enron
situation, did Andersen knowingly do this illegally after they were subpoenaed
by Congress to hand over the papers?
Enron’s shredding of papers – it has come out as true
that Enron was shredding papers relating to their finances up to early January
(which is over two months after a formal SEC investigation on Enron began), this
could activate serious criminal charges against Enron employees.
Ken Lay’s letter to Federal Energy Regulatory Commission (FERC)
Chair Curtis Hebert - Hebert told the New York Times that Ken Lay wrote him
saying that if Mr. Hebert changed his views on electricity deregulation, Enron
would continue to support him in his new job. Herbert refused the offer and has
since been replaced as FERC Chair by Pat Wood, a friend of both Lay’s and
President Bush’s.
Robert Rubin, President Clinton’s former Treasury Secretary
- Rubin contacted U.S. Undersecretary of the Treasury for Domestic Finance Peter
Fisher to ask if he was going to call the bond-rating agencies to question their
plans to downgrade Enron’s credit rating. Rubin, who is now a top executive at
Citigroup, made this evident attempt to use his connections to influence
government because Citigroup had loaned Enron $800 million to try to keep it
from collapsing, and a downgrade meant that Enron bonds would be seen as
riskier. As a result, people would be less likely to invest, and Enron would
have been more likely to collapse, leaving Citigroup on the lurch (which
eventually did happen).
U.S. Secretary of the Army Thomas White’s Enron connections
and possible abuses – According to a New York Times report, former employees
have said that while Thomas was vice chair of Enron Energy Services from 1998 to
2001, the subsidiary used "aggressive projections and aggressive accounting
to overstate its earnings by hundreds of millions of dollars." The
employees said that they were unsure if White knew about this (though if not, he
should have) and the Democrats are pressing for Thomas to testify to Congress
about his role. Thomas made tens of millions during his time at Enron.
Arthur Levitt & Harvey Pitt, heads of the Securities
Exchange Commission (SEC) – SEC chair Levitt tried to pass a rule in 2000
separating accounting and consulting fees, because of fear that many firms may
overlook certain accounting irregularities similar to Enron’s because they don’t
want to lose out on potentially massive consulting fees. The accounting industry
fought back with Pitt as one of their star lawyers, Congress threatened to cut
the SEC budget, and Levitt backed down. Pitt’s reward came later, as President
Bush named him SEC Chair on his platform of deregulation.
The economic crisis exposed by Enron’s fall
1. The free market is shaken
The ‘free’ market ideology of unregulated markets, tax
breaks for the rich that allegedly ‘trickle down’ to the poor, and
privatization of the public sector has been brought into question by this
collapse. This ideology, championed by the likes of Enron, Bush, Congress, and
many intellectuals and media pundits, has taken over our economic and social
planning, but is leading directly to problems exemplified by the Enron disaster.
Effective regulation and oversight, restrictions on campaign financing, and an
arms length approach of government in dealing with business may have prevented
this. It is worth quoting at length writer Thomas Frank’s recent comments in Salon.com:
"Enron was the peerless darling of the all those who
believed that free markets were the acme of existence. Its wreckage is as good a
place as any to sit down and take stock of the deregulated, privatized state
into which we’ve been so rudely hustled over the last decade. And here is what
it looks like: Top management walking off with hundreds of millions of dollars
while employees lose their jobs, investors lose millions and customers get to
look forward to more rolling blackouts. Profiteering. Bought politicians. Stock
market bubbles that eventually burst. Workers thrown out on the streets. Left to
its own devices, this is what the free market does."
2. The myth of deregulation is exposed
The mantra of deregulation has taken the hardest hit,
especially energy deregulation, as the California power crisis and
now Enron’s fall have brought under the microscope all of those deregulatory
actions that have taken place over the past ten years. Proper regulation of
energy supply, energy derivatives, and accounting procedures very likely would
have prevented this disaster.
Enron made off like bandits in the California energy crisis,
as the massive rise in costs of energy translated into massive profits for
suppliers like Enron. A cartel of companies including Enron is also being
investigated by California state investigators for holding back the supply of
power through plant shutdowns in order rapidly raise the cost and earn
mega-profits. Tellingly, California’s two publicly owned utilities, in
Sacramento and in Los Angeles, have both been immune to the crisis, a sign of
the value of public ownership and regulation.
3. Campaign Financing
Campaign Finance Reform has been given a big boost in the
wake of the Enron/Andersen scandal, as the lavish amounts of funds going to
Enron and Andersen have been uncovered. With Enron having spent over $6,000,000
throughout Washington over the past decade, including being George Bush’s top
contributor over that period and Andersen being Bush’s 5th largest contributor
in the 1999-2000 election cycle, a lot of heads have been turned in recognition
of the corrosive nature of financing campaigns.
And, it must be said, Enron and Andersen are not alone in
this corporate benefit scheme: A quick look at the Centre for Responsive
Politics (CRP) information on campaign financing shows the true corrosive nature
of U.S. politics. As but one example, UPS gave $1,755,065 in the last election
cycle, 65% to Republicans. You name the corporation - it is worth going to the
CRP site (www.opensecrets.org), typing in a Congress person or Presidential
Candidate, and seeing who really butters their bread. It isn’t voters who are,
that’s for sure.
4. Wall Street’s Role Uncovered
Of course, Wall Street had to have a role in all this right?
Simply put, the big investment banks play two contradictory roles: one as
investment bankers for the big corporations; the other, in the words of William
Greider, "as stock analysts whipping up enthusiasm for the same companies’
stocks." A scheme like this is bound to cause stock analysts to fudge a bit
on the strength of a company they are investing with. The contradictory, and
ultimately corrosive, nature of this dual role is spelled out with this fact: of
all of the stock analysts following Enron, only one recommended that Enron stock
be sold last fall as it was collapsing.
As well, William Greider also points out ("Crime In the
Suites", The Nation February 4th, 2002) the potential conflict of interest
in the recent convergence of government insured commercial banks and investment
banks. This has potentially serious repercussions because if commercial banks
are lending government insured money, the government is exposed to serious risk
if the loans default. This had the possibility of coming true with the fall of
Enron.
According to Greider: "JP Morgan Chase and Citigroup
provided billions to Enron while also stage-managing its huge investment deals
around the world and arranging a fire-sale buyout by Dynergy that failed…Instead
of backing off and demanding more prudent management, these two banks lent
additional billions during Enron’s final days, perhaps trying to save their
own positions (we don’t yet know). Instead of warning other banks of the
rising dangers, Chase and Citi led the happy talk." Luckily, it appears
that the government won’t be on the hook for JP Morgan’s or Citigroup’s
collapsed assets in Enron. But it is a fair warning of the potential for trouble
ahead.
5. Enron and the case against Social Security
privatization
The reality that the life savings of many Enron employees
were wiped out when Enron collapsed calls for the serious reconsideration of the
idea of allowing taxpayers to keep part of their Social Security payments to
invest in private accounts. Given the volatility of the economy today, people
are beginning to see the insecurity of playing the stock market in order to see
their retirement savings grow. Enron and its employees’ losses highlight this
fact and also serve as a warning. As Bob Ray Sanders wrote in the Miami Herald,
"Think of those who lost their life savings on one company’s failure, and
imagine what it would be like if millions of people retired and realized that
one-third, or half, or any portion, of their retirement money had
disappeared." This massive loss of retirement nest eggs is quite plausible
if large portions of Social Security are privatized.
6. This also about our culture of greed
Though Enron, Andersen, Wall Street, and Washington are at
the heart of this fiasco, we can not escape that on some level it is also about
us and the culture of greed we have created. Enron, in many ways, is a
reflection of our belief in everlasting stock returns, that anything goes in the
search for a profit, and that the ‘new economy’ was never ending, if we just
let the market decide our fate. It is about the cutthroat society we have
cynically proclaimed to be ‘inevitable’. It is about the ‘values’ we
hear so much of from ‘leaders’ looking for cheap political capital being
stripped to their core and exposed to simply mean money.
It is time we take a look at this crisis and used it as a
mirror, one which lets us see that it reflects our own moral crisis. If do this,
maybe next time we will see it coming.
How Enron’s History of Wrongdoing Stretches Beyond Their
Collapse
It is important to see Enron more broadly than just the
breakdown in 2001. Even if it had not gone through the financial scandal and
collapse, Enron deserved to be exposed for its strong-arm tactics backed up by
government clout, and its exploitation of people and resources around the world.
In fact, due to its human rights abuses internationally, Enron is the only
company in history to be the subject of a full Amnesty International Report.
Beyond the now famous California energy crisis set off by Enron’s (and others’)
greed, here are a couple of examples of their nastiness:
Dabhol Power Plant in India – Many have heard the
accusations that Vice President Cheney tried in 2001 to use his political muscle
to help Enron, which was facing nonpayment by the Indian government, to sell its
interest for $2.3 billion to settle this dispute over Enron’s investment in
the Dabhol Power plant. Or they know that the National Security Council (NSC),
Bush’s ‘nerve center’ for international crises and strategy, had a Dabhol
Working Group that acted as a ‘concierge service’ for discussions between
Ken Lay and India’s national security adviser, Brajesh Mishra. Or that US
Trade Representative (USTR) Robert Zoellick, the Bush Administration’s
negotiator of trade deals through the World Trade Organization (WTO) and the
Free Trade Area of the Americas (FTAA) who had also been a paid advisor for
Enron before joining Bush, was to go to India on behalf on the NSC’s Dabhol
Working Group in September 2001.
However, the scandal and abuse involved in this case goes
much further into the past. When local villagers protested against the original
construction of the plant because of its threat to the environment and their
livelihood, Enron, among other mistreatment, paid "abusive state forces for
the security they provided to the company." According to Human Rights
Watch, "Dabhol Power Corporation benefited directly from an official policy
of suppressing dissent through misuse of the law, harassment of anti-Enron
protest leaders and prominent environmental activists, and police practices
ranging from arbitrary to brutal. The company did not speak out about human
rights violations and, when questioned about them, chose to dismiss them
altogether."
As well, Enron’s bankruptcy leaves the U.S. Government run
Overseas Private Investment Company (OPIC) exposed to more than $1 billion in
risks related to projects sponsored by Enron, with the Dabhol collapse
accounting for $340 million of this. OPIC is an agency which offers corporate
welfare loans of taxpayer money to companies for overseas projects (especially
privatization projects). Thus, U.S. taxpayers are ultimately on the lurch for
this money which had been used to sponsor human rights abuses overseas.
Bolivia – The Overseas Private Investment Corporation (OPIC)
also gave Enron a $200 million loan to construct a very controversial natural
gas pipeline right through Bolivia’s San Matias Integrated Management Area,
which is the only protected area for the world’s largest intact dry tropical
forest. Enron contends that it is a ‘secondary’ forest due to some previous
logging and should be allowed to work there. Republican Ron Paul, the lone Texas
Congressman actively opposed the project, said: "Big business is in cahoots
with government on this one. Government wants to subsidize the attack on the
environment."
Enron Is Not Unique – Let’s be clear - Enron is not an
example of the ‘one bad seed’ among many virtuous corporations; it is only
that they got caught. Many groups such as Corp Watch, the Multinational Monitor,
Public Citizen, and this organization knew long ago about the nastiness
pervading Enron, but few in power or in the media wanted to listen while they
were flying high. This is also certainly the case for a large number of other
corporations and the question is: why do we have to wait for another Enron-like
collapse for the public to be able to hear about it?
Enron Internationally – pushing the WTO/GATS Agenda
Enron’s domestic zeal for the free market dogma of
deregulation, privatization of the public sector, and access to markets
translated directly into the international realm. Before it collapsed, Enron was
one of the most powerful companies pushing for new global trade rules through
the World Trade Organization (WTO) , especially the General Agreement on Trade
in Services (GATS). The GATS is a body of rules in the WTO which is designed to
open up cross border trade and investment in services. The current GATS
negotiations are to expand the scope of the rules to include virtually all
services, ranging from healthcare and education to energy, water, financial,
accounting, and transportation services. If the proposed GATS rules are adopted,
they will radically restructure the role of government regarding public access
to essential social services worldwide, handing them over to corporate control.
Naturally, the GATS negotiations attracted Enron because in
order to globally market its energy and, for a short time, its water
privatization services, Enron needed favorable GATS rules to promote the
deregulation of services in other countries and provide conditions for the
privatization of public services. They did this through a big business lobby
group called the US Coalition of Service Industries (USCSI).
US Coalition of Service Industries (USCSI)
Composed of most of the largest for-profit service
corporations headquartered in the U.S., the U.S. Coalition of Service Industries
(USCSI), along with similar services coalitions in Europe, Japan, Canada, and
Hong Kong, plays a key role in shaping the agenda for the GATS negotiations. The
USCSI’s vast connection to the U.S. government, including meetings with key
government departments like Commerce and the US Trade Representative (USTR) and
its strong representation throughout the International Trade Administration’s
Industry Sector Advisory Committees (ISACs), gives it unparalleled access to
those who make the decisions on US trade policy. It was as a key member of the
USCSI that Enron positioned itself to play a major role in the upcoming GATS
negotiations.
A look at many of the other corporations buying access
through the USCSI reads like a who’s who list of those connected to the Enron
scandal. (Click here for full list, with links to their websites) Andersen is on
the coalition, as well as major Enron creditors Citigroup and JP Morgan Chase.
General Electric, whose subsidiary GE Capital was a 10% owner of the Dabhol
Power Plant in India, is also there. As is PricewaterhouseCoopers, a corporation
that like the other ‘big five’ accounting firms, is feeling the
repercussions from Andersen’s shoddy oversight and the conflict between
accounting and consulting it exposed. To take the connections even further, US
VP Dick Cheney, who is on the hot seat in the Enron scandal, has deep
connections on the USCSI. He was CEO of the oil company Haliburton before he
became Vice President and he also used to be on the board at EDS (the
Information Technology services company) before the government-corporate ‘revolving
door’ handed that position to former Clinton Commerce Secretary William Daley.
Understanding the role of the USCSI makes clearer the
connection between corporate power and trade negotiations. It also shows that
those that control the trade agenda are also many of the same organizations that
screwed up so royally in the Enron fiasco. It begs the question, can we really
trust these corporations when they say that privatization and freer trade will
mean greater prosperity for all, when they are many of the same ones who duped
us in 2001 during the Enron disaster? It is exactly this sort of thing that
helps to understand what all those protesters have been talking about in Seattle
and elsewhere.
(NOTE: Interestingly, Enron was inexplicably removed from the
USCSI just a couple of weeks ago. It is unknown if this was the choice of Enron
to not pay the $25,000 membership fee, or if the USCSI wanted to distance itself
from Enron. Andersen remains in the coalition.)
Meaning for Privatization of Public Services
This has great meaning for the takeover of public utilities
throughout the world, as Enron has been very busy in this business. As but one
example, Enron took over Portland General Electric (PGE), which had been Oregon’s
largest public utility. According to Alexander Cockburn and Jeffrey St. Clair in
a recent issue of Counterpunch, employees at PGE opposed the takeover due to
fear of: less ability to protect the environment; insecurity for PGE workers;
and likely soaring prices. The Natural Resources Defense Council (NRDC), which
Cockburn and St. Clair argue is often used by corporations to give a ‘seal of
approval’ for ‘greening’ through ‘market oriented solutions’, worked
with Enron to convince the workers and many environmental groups of how they
needed privatization to gain, in the words of NRDC Energy Commissar Ralph
Cavanagh, "a robust assortment of public benefits for the citizen’s of
Oregon."
The employees were convinced, Enron took over, raised its
rates, tried to soak ratepayers with the cost of its failed Trojan Nuclear
Reactor, put the company on the auction block soon after, and ultimately,
employees lost their retirement savings and many lost their jobs due to Enron’s
collapse. This is what privatization of public services can, and often does,
mean to the employees and citizens who rely on them, and the GATS negotiations
pushed by the USCSI plan to allow for this on a much broader international
scale.
***late update*** It has been reported by Citizens for Tax
Justice that Portland General Electric sent Enron more than $357 million in
federal tax money collected from its ratepayers during the past four years, but
its parent company pocketed the money rather than turn it over to the
government.
A Few Possible Lessons and actions
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We need a structural overhaul of the system, including:
a) New rules prohibiting firms that do the accounting
for a company from doing any consulting for that company
b) Through campaign finance reform, a committed effort
is needed to get big money out of politics
c) Reregulation and oversight of energy trading and
distribution
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We must punish corporate irresponsibility: More effort
and diligence is needed in tracking and exposing corporate irresponsibility
and government must strengthen the current slap-on-the-wrist
punishments. At a start, this includes a continued thorough
investigation of the Enron/Andersen by Congress, the SEC, and the Justice
Department, with the public not accepting a watered down version from the
government.
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Workers should have more participation and power in
management decisions, especially when pension funds are involved. If this
had been in place, Enron possibly wouldn’t have collapsed, and the
employees certainly could have salvaged some of their savings. Losing one’s
entire pension fund is good grounds for demanding employee decision making
power to prevent it in the future.
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We need to struggle against trade agreements – need to
continue to build a strong, widespread struggle against these trade
agreements such as the GATS, and expose them for what they really are:
mechanisms for exploitation of the world’s people, land, resources, and
public services. The mandate of these agreements is to allow for the Enron’s
of the world unrestricted access to privatize which will likely only lead to
more Enron’s on a global scale. Without this struggle, local and public
services will continue to be lost.
-
Questioning Free Markets/Capitalism - We need to bring
back debate on the costs and benefits of free markets, including rethinking
the deregulation, privatization, ‘trickle down’ approach that permeates
the system. Is this approach wise or is it really just an ideological cover
for the rich to get richer? Is the Enron collapse a side effect or is it
reflective of the inherent nature of capitalism? What are the alternatives?
Ontario’s energy deregulation & Hydro One privatization: How Enron’s
collapse shows this is a bad idea
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An important Canadian example of privatization and
deregulation of services is Ontario Hydro, especially the privatization of
Hydro One, the Ontario electrical distribution company which is slated for
privatization, and ultimately, full scale deregulation, by the Ontario Tory
government in May 2002. Electricity rates will likely rise due to likelihood
of the new owner’s raising prices to make a profit in this monopoly and
due to a ‘leveling’ of our lower prices with the higher prices in
close-by U.S. states. As well, trade lawyer Steven Shrybman has recently
said that once Hydro One is deregulated on May 1st, 2001, international
trade rules under the North American Free Trade Agreement (NAFTA) will kick
in and Ontario will have to sell its power to the U.S. even if there is a
shortage in Canada.
-
Besides this however, there is also the Enron catastrophe
to tell us of the absurdity of privatizing and deregulating distribution
services. Enron is just the type of company that would have been salivating
to buy Hydro One and their experiences in the California deregulation
disaster, with PGE’s privatization in Oregon, and ultimately, their
collapse, show that deregulation and privatization can have profoundly
negative consequences. Some may say, but this won’t be Enron in there, it
will be a different company that won’t be able to do what Enron did. But
with deregulation, who will hold them accountable? Should we not at least be
using Enron as an example to learn from and begin seriously questioning the
value of Hydro One’s privatization and Hydro’s deregulation as a whole?
Higher costs and potential catastrophe deserve more than empty reassurances
that the Tory government has offered thus far.
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If it is not the ratepayers or the government who will
gain from the sale of Hydro One, who will? Recently the National Post
acknowledged who stands to gain most, the investment bankers on Bay Street
such as Merrill Lynch Canada, Goldman Sachs & Co. (not coincidentally,
both are on the aforementioned USCSI) and CIBC World Markets who will be
vying to do the finances the initial public offering of stock in the
company, which is expected to be the largest in Canadian history. An
executive at a Bay Street firm among those fighting to get in on the action
said it all, "We’re all just trying not to pee our pants with
excitement."
- It is because of this that Ontarians need to start a serious campaign to
stop the deregulation of Ontario Hydro and the privatization of Hydro One on
May 1st. A good place to start for more information is the Ontario
Electricity Coalition, which has excellent information and articles on the
issue. The Coalition is beginning a campaign and is holding an
Electricity Conference on March 9th in Toronto. Conference information
is available on their website at www.electricitycoalition.org
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