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California Speaker of the Assembly to Announce Package of Bills Tomorrow on Refinery Practices and Gasoline Prices

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By Frank D. Russo

A spokesperson for Assembly Speaker Fabian Nunez has been quoted in the press saying that Nunez will propose a package of bills tomorrow to deal with rising gasoline prices in California. This will include new standards for when oil companies in California can shut down refineries for maintenance and a new board that would adopt and enforce refinery maintenance schedules.

Bloomberg News has the breaking news in an article that is somewhat sketchy about the details of the legislative package, but the Foundation for Taxpayer and Consumer Rights (FCTR), which has been critical of the failure of the Governor and legislature in the past on this issue and has been focused on oil price market manipulation, issued a statement that the Speaker is on the right track.

Judy Dugan research director of FTCR and their blog, OilWatchDog.org, referenced the manipulation of the California electricity marketby Enron and others and put the current gasoline price spike in that historical context. She noted that as in the 2001 power crisis, it is restriction of gasoline supply that is raising prices—and refinery profits--to record levels.

She said:

“Speaker Nunez is taking the right path in treating refiners more like utilities and putting some state oversight on their shutdowns--just as much of California’s 2000-2001 electricity crisis could have been avoided if the state had taken some control over power producers. Obviously this idea needs to be carried further, to include regulatory prods for expansions of capacity, and for maintenance of more days of supply, but at least the silence in Sacramento on gasoline prices has been broken.”

“Oil companies will certainly complain that the slightest interference with maintenance schedules will endanger refinery safety and cause all manner of disastrous effects. That's an argument to extend regulatory control far enough to fix the underlying capacity and supply problem, not a reason to back off of immediate oversight. We hope Nunez will stick to his guns and view this as only a beginning.”

FTCR also noted that although oil companies have blamed price spikes on refinery accidents and “unplanned outages,” the price increases began during a wave of planned maintenance outages, many of them lasting longer than expected, for reasons never publicly explained.

Last year, former Senator Joe Dunn's bill, SB 1794, would have given the California Public Utility Commission regulatory authority over oil refineries' marketing practices. It passed the California Senate but failed to advance through its first policy committee in the Assembly and died there. The California Progress Report featured an article by Dunn on the bill.

We also reported on the allegations of the Foundation for Taxpayer and Consumer Rights, suspected by others as well, that the market was being manipulated with gas prices being kept low in California in the months before the 2006 elections and the vote on Proposition 87, the alternative energy ballot measure fiercely opposed by the oil industry. Prices then surged after the election.

In an article in March, we urged action in Sacramento based on information from the San Francisco Chronicle and other sources that:

• The state has no real effective tools to deal with market manipulation. The California Energy Commission "keeps tabs," but has no regulatory power.

• The investigation opened last year by then Attorney General Lockyer into this is still open.

• Although critics of the state getting involved point out that prior investigations have failed to uncover a smoking gun, it is practically impossible to find out whether there is a real scarcity of refined gasoline in California, according to UC expert Severin Borenstein.

• Profits from refineries is one of the reasons oil companies, including Chevron, have posted record profits in recent years.

• There are a limited number of refineries in the state and Chevron itself controls about 25% of the oil refined in California.

Last week, FTCR was highly critical of the fact that Governor Schwarzenegger had just accepted a contribution of $100,000 from Chevron at a time when gasoline prices and refinery profits were at an all time high and they started a petition drive for a special session of the legislature.

With the amount of money that Chevron contributed to California candidates and electeds, and political institutions including the California Democratic Party, a fact which has drawn recent strong criticism, expect this fight to be hard fought and a difficult one for consumers to make significant advances in.

Bloomberg reports on other parts of the package that one of the bills will require California to "study whether the installation of temperature-measuring devices on gasoline pumps would correct the price for so called ``hot fuel'' and whether the state should help pay for the devices. Consumers could be paying for less gasoline than what the pump registers in warmer temperatures."

This is a point that FCTR has raised and also included in oilwatchdog.org as well.

According to Bloomberg, "Another bill would create a state database of gasoline supply and demand and their affect on prices."

Stay tuned.

Posted on May 17, 2007

Comments

The government does such a great job with FEMA, Military, FDA etc., why would anyone want them meddling around with oil and gas supplies? Sounds like a recipe for higher prices to me?

C

Posted by: Chuck Manson at May 17, 2007 08:13 PM

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