Fortnightly Magazine - April 1 2002

The whole world watched the California energy market debacle. Now, economists talk about what it would take to rebuild California into a truly competitive power market.

Much the same way that bankers used to worry about a “run on the bank,” where there is an overwhelming demand for liquidity that causes a solvent bank to fail, so should energy companies be worried that their use of material adverse change (MAC) clauses might trigger an overwhelming demand for liquidity that causes a once solvent energy company to fail. Of course, the banks now have the Fed to protect the financial system from a liquidity crisis. No such luck for the energy industry.

The Bush administration has yet to deliver a detailed plan of its Clear Skies program-no legislation has been introduced. Even without many details, there's plenty to argue about. At the top of the list is whether a cap-and-trade program will truly reduce emissions more than the current command-and-control regime.