Energy Refunds Are Long Overdue

Washington, D.C. - California’s Democratic leaders in the United States Congress and Sacramento announced today that they have jointly filed an amicus brief before the United States Court of Appeals for the Ninth Circuit regarding the inflated prices California citizens and businesses were forced to pay during the 2000-2001 electricity crisis. The brief was filed on Thursday, May 6, 2004.

“Californian consumers were ripped off by the illegal manipulation of the electricity market, and they must not be shut out of the solution,” said Rep. Lynn Woolsey. “The Federal Energy Regulatory Commission (FERC) must hold the energy companies accountable for their actions and also ensure that Californians are not cheated out of billions of dollars.”

The brief was signed by California’s United States Senators, 33 California members of the United States House of Representatives, the President pro Tempore of the California State Senate, and the Speaker of California’s State Assembly. Together these government officials represent the interests of millions of Californians in Congress and the State Legislature. California consumers deserve to be heard; but unless the Court grants the requested relief, they will not be permitted.

Specifically, the brief asks the Court to clarify a previous order and direct the FERC to collect evidence of energy market manipulation in an existing remedy proceeding subject to judicial review. FERC has been adjudicating these issues in non-public proceedings that shut California consumers out of the process.

“Attorney General Lockyer has charged that FERC has short-changed Californians through piecemeal settlements with energy companies that unacceptably limit California’s recovery. I agree wholeheartedly,” said Senator Dianne Feinstein. “FERC has established a pattern of entering into settlements in private proceedings without adequate input from California and the end result is that FERC is settling claims that will amount to far less than the $9 billion owed to California. This is simply unacceptable. FERC is not above the law—it must act in accordance with the Ninth Circuit’s decision. I am pleased to join my colleagues on this amicus brief.”

"California consumers continue to pay the price for illegal market manipulation during the energy crisis, and FERC continues to do little to help,’ said House Minority Leader Nancy Pelosi. “With California in fiscal crisis, refunding the billions of dollars stolen from California consumers should be a top priority for all state leaders. Democrats are reminding the Court that those who cheated California consumers must pay."

“If FERC hadn't dropped the ball on oversight, California wouldn't need refunds,” said Senator John Burton, President Pro Tempore of the California State Senate. “If FERC hadn't dropped the ball on refunds, California wouldn't be in court. I support the motions by the Attorney General and the California Public Utilities Commission asking the 9th Circuit to compel FERC to provide a fair and open process in which the California parties have a real shot at getting back the billions of dollars our ratepayers are owed.”

“California is still suffering from the consequences of the energy crisis,” said California State Assembly Speaker Fabian Nunez. “The Ninth Circuit should not allow FERC to shirk its responsibility. It must analyze the extensive and compelling evidence presented and order billions of dollars in refunds. Californians deserve their money back, and an opportunity to close the door on the 2001 crisis. They want a reliable, affordable energy supply and I am going to fight to ensure Californians get both.”

Amicus Curiae is a Latin term meaning "friend of the court". It is the name for a brief filed with the court by someone who is not a party to the case, but who believes that the court's decision may affect its interest.

The following officials signed the brief:

U.S. Senator Dianne Feinstein
U.S. Senator Barbara Boxer

U.S. House Democratic Leader Nancy Pelosi (CA-8)
California Democratic Congressional Delegation Chair Zoe Lofgren (CA-16)

U.S. Representatives Lynn Woolsey (CA-6), Pete Stark (CA-13), George Miller (CA-7), Henry Waxman (CA-30), Robert Matsui (CA-5), Tom Lantos (CA-12), Howard Berman (CA-28), Cal Dooley (CA-20) , Maxine Waters (CA-35), Xavier Becerra (CA-31), Anna Eshoo (CA-14), Bob Filner (CA-51), Lucille Roybal-Allard (CA-34), Sam Farr (CA-17), Jane Harman (CA-36), Juanita Millender-McDonald (CA-37), Loretta Sanchez (CA-47), Brad Sherman (CA-27), Ellen Tauscher (CA-10), Lois Capps (CA-23), Barbara Lee (CA-9), Grace Napolitano (CA-38), Mike Thompson (CA-1), Joe Baca (CA-43), Susan Davis (CA-53), Mike Honda (CA-15), Adam Schiff (CA-29), Hilda Solis (CA-32), Diane Watson (CA-33), Dennis Cardoza (CA-18), and Linda Sanchez (CA-39).

Senator John Burton, President Pro Tempore of the California State Senate
Speaker of the California State Assembly, Fabian Nunez.