Ten Tools for Defeating Government Takeovers

TABLE 1
RECENT GOVERNMENT TAKEOVER ACTIVITIES
Municipalization activities have occurred in twelve states, but have been especially intense in California, Florida, and Oregon. Reasons for the efforts range from rate concerns to franchise renewals. Several of them involved referendums.
Location
Utility
Reason for attempt
Outcome
CALIFORNIA

Coachella Valley
(3 cities)

Southern California Edison
Rates, 2001 crisis
Votes in December 2002 and May 2003 resulted in Indian Wells and Palm Desert setting up paper utilities. Rancho Mirage may also take action.
Corona
Southern California
Edison
Rates, 2001 crisis
A city council vote in December 2002 resulted in decision to condemn SCE distribution assets and an offer to purchase system for $70.2 million. Plan dropped in May 2003.
Davis
Pacific Gas & Electric
Rates, SMUD, 2001 crisis
A city council vote in October 2002 was unanimous to ask SMUD to annex areas now served by PG&E.
Irvine
Southern California Edison
Rates, 2001 crisis
A city council vote in July 2003 created a "wilderness center"—a nonexistent muni—in order to beat a PUC decision deadline on charging exit fees for customers that switch to a municipal utility.
San Francisco
Pacific Gas & Electric
Politics, 2001 crisis
A vote on Proposition D in November 2002—to create a public power entity in San Francisco—was defeated by a 53-47 margin. A vote was also taken in 2000 and defeated.
FLORIDA
Casselberry
Florida Progress
Outage-related
The November 2002 election resulted in pro-takeover candidates' victory.
Longwood
Florida Progress
Outage-related
The November 2002 election resulted in pro-takeover candidates' victory and the resignation of an anti-takeover mayor.
Oviedo
Progress Energy
Franchise renewal
Franchise renewed in July 2002.
Winter Park
Progress Energy
Outage-related
Referendum scheduled for early September 2003; city council voted in June 2002, arbitrator determined a $32 million-$42 million cost for takeover.
OREGON
Hermiston
Portland General Electric/Pacificorp
Enron, state law allowing formation
Full government takeover passed, resulting in an $8-million cost for 4,000 customers.
Multnomah County
Portland General Electric/Pacificorp
Enron, 2001 crisis
Vote scheduled for September 16, 2003. Voters can ask to set up a public utility district, which essentially is a takeover in Oregon.
Portland
Portland General Electric
Enron sale of PGE,
2001 crisis
Feasibility study of PGE purchase started in late 2002. City proposed a draft condemnation proposal in June 2003, but status depends on Enron bankruptcy proceedings. City is also working on a buyout plan.