Contact
the OPUC
503-378-6611
Commissioners
Lee Beyer (chairman); Ray Baum and John Savage
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Utility Reform Project
Daniel Meek, attorney
10949 S.W. 4th Avenue
Portland, OR 97219
(503) 293-9021
dan@meek.net
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PRESS RELEASE * PRESS RELEASE * PRESS RELEASE * PRESS RELEASE *
10/28/2003
OREGON
PUC SAYS: PGE CAN KEEP
COLLECTING $93 MILLION PER YEAR IN
PHONY INCOME
TAXES IT NEVER PAYS
TO GOVERNMENT
In an order mailed to the parties on October 24, the Oregon Public Utility
Commission (OPUC) ruled that Portland General Electric Co. (PGE) can
continue to charge Oregon ratepayers $93 million per year for state and
federal income taxes that PGE is not paying to any government. Instead,
PGE is sending the money to Enron, which also is not paying any income
taxes to any government.
“This has been going on now since 1997,” said Dan Meek, attorney
for the Utility Reform Project, which filed the complaint raising this
issue. Since Enron took over PGE, PGE has charged Oregon ratepayers $600
million to cover its alleged “cost” of “state income
taxes” and “federal income taxes.” But, in 1997, 1998,
1999, 2000, 2001, and 2003, PGE was corporately consolidated with Enron
for income tax purposes and thus did not pay any income taxes. Instead,
it sent the money to Enron, which also paid no net income taxes during
those years, either to Oregon or to the federal government.
In 2002, PGE was temporarily de-consolidated from Enron for tax purposes.
That year, PGE earned net income of $66 million and did file its own tax
returns. It paid $10 (ten dollars) to the State of Oregon and $221,000
to the federal government for income taxes.
Thus, in the 7 years that Enron has owned PGE, PGE has charged Oregon
ratepayers over $600 million in phony income taxes, while actually paying
only $221,010.
The Utility Reform Project filed
a complaint in March 2003 to halt this practice and obtain a refund of
these amounts charged in the past. But
the Commission ruled that, even if these charges were the result of fraud,
the Commission cannot do anything about it. On July 9, the Commission issued
an order stating it could not order refunds or otherwise protect ratepayers, “even
if the rates were based on fraudulent representations.” In the new
order mailed October 24, the Commission reaffirms this conclusion and dismisses
the URP complaint.
“This shows to what extent ratepayers can trust the OPUC to protect
them from fraud by Enron and PGE,” said Meek. “This is a $600
million fraud that is growing at a rate of almost $2 million per week,
which is what PGE ratepayers continue to pay for PGE’s phony income
taxes that are never paid to government. It amounts to a 7% surcharge on
our electric bills, with all the money flowing to Enron and not to the
government.”
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