Summary
Edison International (EIX) reported on September 24, 2002, a significant development regarding the appeal of a settlement agreement between its subsidiary, Southern California Edison (SCE), and the California Public Utilities Commission (CPUC). The Ninth Circuit Court of Appeals affirmed the district court's approval of the settlement in part, particularly concerning federal law claims, and denied intervention to several parties. This settlement, which established a $3.6 billion procurement-related obligations account (PROACT) to cover SCE's unrecovered power costs, had seen its balance reduced to $1.1 billion as of August 31, 2002. However, the appeals court raised serious concerns about the settlement's compliance with California state law, both substantively (potentially violating rate freeze provisions) and procedurally (regarding open meetings). Consequently, the court has referred these state law questions to the Supreme Court of California for a definitive ruling. While the appeal proceedings are stayed pending the California Supreme Court's decision, the operational terms of the settlement agreement remain in effect. Edison International and SCE cannot predict the final outcome or its impact.
Key Highlights
- 1The Ninth Circuit Court of Appeals largely affirmed the federal law aspects of the settlement between Southern California Edison (SCE) and the California Public Utilities Commission (CPUC).
- 2The settlement agreement, which addresses SCE's unrecovered power procurement costs, established a $3.6 billion PROACT account, with a remaining balance of $1.1 billion as of August 31, 2002.
- 3The appeals court identified significant questions regarding the settlement's compliance with California state law concerning rate freezes and procedural requirements.
- 4These state law questions have been referred to the Supreme Court of California for a ruling.
- 5Further proceedings in the federal appeal are stayed pending the California Supreme Court's decision.
- 6The operational terms of the settlement agreement continue to be followed during this period.
- 7Edison International and SCE are evaluating the appeals court's decision and cannot predict the ultimate outcome or its financial impact.