Enron, yet again

http://realestate.boston.com/news/2002/03/can_email_seal_sales_deal.html

Well, there is a link. And ya know what? That was my first try on google using the words ‘Enron Gore Kyoto’.

Next, why do you think I would "uncritically into the bogus claims that Kyoto would “totally kill the US economy”. Just because I did not give justification, which in this situation was not required, for my thoughts does not mean I do not have the justification. Have you actually read the accords and what they would cause in the US? Or do you, like most people, buy the Green Party line? Have you done any really critical research into the issue? I have, and if you wish I’ll send you links and other stuff. E-Mail me.

By the way, I am not using the Kyoto thing to clear Bush, I am using it to implicate Gore and Clinton. All Bush haters are using Enron as a point to hate Bush, that somehow he is more corrupt than Clinton. Look at really happened and it turns out Clinton and Gore were as bad, and probably worse, than Bush and his team.

Slee

That’s especially impressive given that the article you linked to doesn’t even mention Enron, Gore, or Kyoto. :wink: [Seriously, I think you pasted in the wrong link here.]

Actually, I have too. I will take you up on your offer via e-mail and here is a link of my own:

http://www.ucsusa.org/publications/smallprice.pdf

(This paper contains references to other studies such as the Five Labs Study done by 5 U.S. government labs.) Here is my another link to a Paul Krugman article that is more about Bush’s alternative to Kyoto than Kyoto itself: The Unofficial Paul Krugman Web Page See particularly the 3rd-to-last paragraph.

Dewey: “It bears repeating, yet again: I have no problem with inquiries into who influences government policy. But to call out Enron specifically is basically to bootstrap that inquiry from the Enron collapse. It suggests that, instead of a general desire for government transparency, the reason for such an inquiry is the collapse itself, not. That is what is dishonest here.”

And it bears repeating that your reasoning here is flawed on three counts: first, because it ignores the simple fact that Enron’s collapse has caused popular attention to focus on who influences government policy; second, because it assumes that those inquiring into Enron lack “a general desire for transparency” (when all the writers I’ve cited are calling for precisely that); and third because you ignore the possibility that Enron’s collapse bears–as Krugman and many others argue–in a historical sense on the matter of corporations’ success in influencing government policy in ways that allow them, in effect, to regulate themselves.

Now in what’s below you exemplify your extremely narrow perspective on the matter. You reject my analogy between public inquiry after Enron and public inquiry after 9/11 because:

“Afghani history might have some conceivable bearing on terrorism in general and 9/11 specifically. Studying Enron’s lobbying efforts throws no light on the accounting irregularities that led to Enron’s collapse (indeed, a study of Andersen’s lobbying efforts would be more germane to the Enron collapse than anything Enron had to say on the NEP).”

Sigh. Naturally Andersen’s lobbying efforts will have more to do with accounting practices than Enron’s–which focused on energy.

Once again, there is no need further to repeat the prongs of your argument. The reason your argument fails to persuade is that it ignores a deeper difference in opinion. That is, while you (apparently) would be content to tweak some accounting procedures, many people see this collapse as exemplifying the need to reject the pseudo-orthodoxy of free markets and laissez-faire, to regulate more (and/or more effectively) at many levels. You reject this as being too broad a response to what–as you see it–boils down to a specific set of failed procedures. But your view of the matter is very narrow and proceduralist and ignores the larger questions at stake: e.g, do corporations have too much power? does that power corrupt the political process? And yes, what can Enron teach us about these larger issues?

You claim to understand the legitimacy of these questions but refuse to accept inquiry into Enron as bearing on the matter. This is an all but worthless debate since it comes down to how “Enron” is defined. Your comments above demostrate how narrowly you define it: you distinguish between investigating Enron and investigating Andersen. Fair enough–if what’s being discussed is which specific executives or companies ought to be penalized, which procedures were the most reprehensible. etc.

But insofar as broader questions of corporate influence are concerned, Enron/Andersen are two companies that collaborated to bilk investors. When I speak of “Enron” I speak of the Enron story which would include Andersen, the political history of Enron’s rise in Texas, energy deregulation, laissez-faire, electoral reform. You reject this view as being too imprecise; the risk, as you see it, is to throw out the baby of good policies with the bath water of certain bad procedures.

Perhaps but, as I’ve suggested before, it makes more sense to pursue this line of argument by vindicating what you still adhere to (energy deregulation? George Bush? neo-liberalism?) then to attempt to invalidate a (perfectly sound) logic that would raise “Enron” as an example of the need for a broad-based reassessment of corporate influence and untrammeled corporate power.

“Oh, and re: Krugman’s columns – his analysis is just ridiculous. He hand-waves about the “Enron experiment” (whatever the hell that means) and the fact that Enron pushed for deregulation, but never bothers to explain how that deregulation ties to accounting that caused the Enron failure. That is just a colossal missing premise in the whole argument.”

Okay, well it’s good to know that this is how you feel about Krugman’s arguments. It has helped me to understand just how narrow and contextless your understanding of what’s being debated is.

"You keep trying to psychoanalyze me as a deregulatory zealot. "

Say what? I charge for that kind of treatment!

Seriously, Dewey, I don’t see you as a deregulatory zealot at all. Rather, I see you as someone reluctant to lay his ideological cards on the table. I’d be the same if I were trying to argue your position ;).

“While it’s true that I generally favor free-market approaches, I’m hardly a laizzez-faire nutcase. You, on the other hand, appear steadfastly determined to make the Enron failure a cause celebre in your own anti-deregulation zealotry.”

Oh, I see. So now you’ve laid your cards and they consist in this: you are not a nutcase but I am. Well, no. FTR, I don’t support five year plans, socialization of all private industry, and the bureaucratization of everything. I do strongly disagree with energy deregulation on environmental as well as economic grounds. But I don’t, for example, have any major beef with deregulation in telecommunications.

My opposition to laissez-faire is predicated on two broad pillars: a) I believe that is has never actually existed in the quasi-religious form that its advocates describe it. It is a myth and its errors can be traced all the way back to the bad readings of Adam Smith often invoked in its defense; b) I believe that to the extent that is has ever existed, it is untenable. Historically, unchecked capitalism always leads to instability including even civil war. Capitalism not only cries out for regulation–in the interests of citizens–it also ultimately depends on it for its own well-being. Laissez-faire, to wit, is an adolescent fantasy, and, in the short-term, a mask that functions to allow periods of plutocratic bilking of the public at large.

“Look, I’m perfectly willing to listen to arguments against deregulation (hell, sometimes I even agree with them). But if you’re going to use the Enron failure as an argument against deregulation, you need to establish cause and effect. Show that deregulation caused (or that a given type of regulation would have prevented) the Enron failure.”

Well, if you’ve read the articles I cited you’d know that several quite specific arguments and recommendations were made in them. From Greider’s article:

“The most important reform that could flow from these disasters [and, btw, Greider discusses Lucent and Global Crossing in addition to your favor bete noire] is legislation that gives employees, union and nonunion, a voice and role in supervising their own pension funds as well as the growing 401(k) plans. [see article for details].”

He goes on to attack the “supposedly independent watchdogs in the system”–e.g., directors on corporate boards. According to Greider these are “a well-known sham–typically handpicked by the CEO and loyal to him, even while serving on the executive compensation committees that ratify bloated CEO pay packages.”

Then he discusses Andersen is being typical of Big-Five accounting firms and criticizes the fact that these are not properly regulated since “an industry-sponsored board sets the arcane accounting” rules for determine whether profits are real or not.
“This egregious conflict of interest,” he argues, “should have been prohibited long ago,” and in the wake of the present scandal he calls for the creation of public auditors, “hired by government, paid by insurance fees levied on industry and completely insulated from private interests or politics.”

He then goes on to offer an important prong in the very argument that you want to discount: i.e. that Enron’s particular operations are connected to the trend towards so-called laissez-faire. Public auditors actually aren’t a radical idea, he says, since commercial banks are already regulated in this fashion.

“Because that banking sector lost its primary role in lending during the past two decades, the same public auditing and supervisory protections should be extended to cover the unregulated money-market firms and funds that have displaced the bankers. Enron is unregulated, though it functioned like a giant financial house. So is GE Capital, a money pool much larger than all but a few commercial banks. Mutual funds and hedge funds are essentially free of government scrutiny. So are the exotic financial derivatives that Enron sold and that led to shocking breakdowns like the bankruptcy of Orange County, California” [My emphasis]

Now, back to Dewey: “Because as it stands, all I see is hand-waving and glittering generalities.”

Well actually, I think the articles I’ve posted, including the one excerpted above, offer sophisticated and quite specific arguments. That you have ignored them entirely—possibly not even bothered to read them–suggests that the hand-waving in question is primarily your own.

Dewey returns to Krugman:

“He’s bitched about deregulation loudly and often, and he’s complained about the accounting rules that allowed the Enron collapse, but he’s never tied the two together in anything but a hand-waving sort of way.”

To be sure, Krugman’s writing short columns; but Greider’s article is longer and more detailed. I asked you specifically to speak to the legitimacy of its arguments. I’ve said that I would take your specific dissent very seriously. So far you’ve chosen not to.

“[My citing Krugman is] a blatant appeal to authority, a logical fallacy. I don’t mind citing to columnists for facts, but your analysis should be your own.”

Say what??? Dewey, appeals to authority are only logically fallacious when the experts in question have no expertise in the area. Since he is an economist, academic and (IIRC) one-time member of Enron’s board, I’d say that appealing to Krugman’s authority makes a lot of sense. My analyses are always entirely my own–but, I want to warn you in advance–always based on information and opinions culled from the best authorities I can find. (If you like I can go down to the local sports bar and pick up a few ideas from there, but, as things stand I think we’re better off, logically and otherwise, with my appeals to informed economists and journalists.)

Consider where each of us appears to be coming from. That you appear to be professionally involved with securities management in some fashion (lawyer? broker? accountant?), and that your wife is involved in Big-5 accounting certainly gives you personal experience to draw upon. OTOH, it also gives your personal stake in this argument a rather obvious tinge. (BTW, I sincerely sympathize; that is, I can imagine how annoying it is to have one’s profession under scrutiny, and having every Tom, Jane and Harry assume that you personally are a crook because someone else who does your job appears to have been one.)

As for me, I am a historian: I have a certain amount of expertise in the history of capitalist and regulatory developments in the West though it’s not my prime area.

As such, I’d be very happy to to engage in bona fide discussion with you (and the others in this thread) about what you find lacking in the analyses I have offered–and I’ve been urging you to do that for the last several posts. But one thing I really don’t need from you is any childish pretense on your part that I lack the logical skills adequate to this task.

“By the way, this is the same Krugman who wrote “I predict that in the years ahead Enron, not Sept. 11, will come to be seen as the greater turning point in U.S. society.” Yeah, Paul, sure, whatever you say.”

Actually, speaking as a historian, I think that Krguman’s prophesy may have something to it, depending, of course, on what happens in the wake of Enron. (I could explain this further if you wish.) I agree, though, that his column on that subject sounded amateurish. Like most people, he’s better at making arguments in his own sphere of expertise.

[on energy deregulation being a thing apart from Enron’s collapse; “All other things being equal,” I’d said…]

"What you seem to be saying here is “you’re right, it really shouldn’t matter who proposed the policy and the policy really should be evaluated on its own merits, but we’re gonna go ahead and try to tar the policy with badness of the proposers anyway. It’s not right, and it’s not fair, but there you go. Tough toenails for you.”

Actually, what I said was that to avoid this problem you should start a thread on energy deregulation and specify that it is not a referendum on Enron. But if you prefer to hear that as “Tough toenails for you,” well then tough toenails for you.

Oh, and sorry, Dewey. I don’t use the quote tag when I post as I find it easier, and more elegant, to insert and edit my own code.

On your first point: So what? That doesn’t change the fact that there is no logical connection between the collapse and the energy policy. Unless you’re going to suggest that logical connections can be created out of thin air by the sheer weight of the mob.

On your second point: it assumes no such thing. One can (correctly) call for more transparency while at the same time (incorrectly) state that the collapse is related to the influence on energy policy.

On your third point: that is just silly. By that standard, any time there is a regulatory failure in area A, corporate influence over areas of regulation B-Z are also implemented. That’s not only nonsensical, it does real damage to efforts to cure regulatory area A by diluting our attention to it.**

You keep claiming this logic of your is “perfectly sound” yet never provide any kind of causal link between, say, Enron’s influence on energy policy and Enron’s collapse. Your syllogism is missing a premise; your logic is hardly sound. Please, fill in the blank:

Premise A: Enron engaged in deceptive accounting and thus failed.

Premise B: ???

Conclusion: We should investigate Enron’s influence on energy policy.

How do you make the huge logical leap from “deceptive accounting” to “undue influence on energy policy”?**

What does this have to do with influence on energy policy?

As I’ve said before, I think there is plausible grounds to revisit the rules governing 401(k) plans (specifically, rules about when employees can sell shares of company matching stock). But that doesn’t change the fact that there is no linkage between the collapse and the NEP.**

Again, what does this have to do with influence on energy policy?

As I’ve said in earlier posts, the Enron collapse includes issues like like executive and board members’ culpability, the independence of a board’s audit committee, and other issues of corporate governance. But again, no linkage between the collapse and the NEP.**

Yet again, what does this have to do with influence on energy policy?

I’ve noted that the accounting issues involved are key to the Enron collapse. Indeed, I think they are the single largest issue to be explored in this collapse. (Unfortunately, they won’t get great coverage because, although they are vitally important, they are very dry and technical).

Grieder’s being more than a little harsh with the FASB, because they face a real challenge in handling modern investment vehicles like SPEs. Determining how to financial disclose those types of things in a way that accurately recognizes economic reality is a difficult and complex issue. And while the Big 5 has a significant presence on the board, so do many academics who are insulated from client pressures.

This isn’t to say that the SEC shouldn’t take a more active role in developing accounting standards, perhaps giving less deference than they have to the FASB in the past.

But, to reiterate, there is no linkage between these accounting issues and the NEP.**

Well, you’re going to have a serious manpower shortage if the SEC tries to do audits itself. And while the government could mandate a pool-funding scheme as described above, that presents problems typical to when government tries to apprise the costs of things. Big companies require big audits, and thus big commitments of resources. You’ve got to worry about government not giving the hired firm enough resources to do the job (for examples, consider that this is how a lot of municipalities handle public defenders for the indigent – not the highest level of legal care there, due to poor funding and understaffing).

Oh, and FTR, re Orange County: municipalities and other government entities shouldn’t be allowed to use complex derivative instruments, precisely because they are so risky. It’s one thing when a private company does it (assuming full and fair disclosure to its investors), but quite another for the public purse.

But again, just to reiterate: this has nothing to do with the NEP.**

Well, let’s look at what you wrote. You wrote, in response to a statement that a policy should be evaluated on its own merits without regard to the moral purity of the person proposing the policy:

"All other things being equal it shouldn’t and, perhaps, won’t. But the fact of the matter is that Darth Vader hasn’t been pushing for the deregulation of energy markets, and buying political influence left and right, while he’s at it. Kenneth Lay and Enron have, and their dishonesty and criminal activity is now the subject of worldwide discussion. Again, very inconvenient for you, but a fact. (Emphasis mine)

In other words, it shouldn’t matter, but it does. Oh well, life’s not fair. So much for intellectual honesty.**

You can just as easily manually insert the quote tag as any other (it’s {quote} and {/quote}, replacing the curly brackets with straight ones). Evidently you’ve got italics down, so using the quote tag shouldn’t be too hard.

And really, you should. First of all because it’s a board convention. Second of all because it is tremendously easier on the reader’s eyes. I for one would have a much easier time seeing where my original text ends and your response to that text begins if you used the quote tag.

Dewey, In the last half of your post you completely misunderstood the point! You were asking–you’ve been asking–for specific evidence of how a trend towards laissez faire is logically tied to Enron’s collapse. Greider’s article offers several arguments towards clarifying that connection. It is not, of course, about energy policy (!!!).

Clearly, you somehow lost sight of the necessary distinction between two “deregulation” aspects of this debate: on the one hand, deregulation of energy markets and, on the other, lack of regulation of corporations. Since you yourself have been asking for more distinction between these matters, I find it rather surprising that you were unable to follow the course of the argument.

Just in case you still can’t follow: I cited Greider to counter your repeated complaint that no one has as yet made a clear logical connection between laissez-faire historical conditions and the Enron collapse. Now, I assume, you know what I mean so–if you choose–you can go back over my last post and reframe your reponses so as to rid them of misunderstanding.

As to energy policy: if you wish to discuss it you should, as I’ve repeatedly said, start a separate thread. It will open the debate to those who have interest in the matter, and it will help to rid this thread of endless hair-splitting as to what’s being argued.

I think we’ve exhausted the current debate as to whether it is or isn’t logical (or otherwise justifiable) to invoke Enron as an example of undue corporate influence. I’ve tried–but so far without success–to persuade you to shift the debate towards important underlying questions with respect to the role of government in regulating capitalism, the extent of corporate power, etc.

I did believe and still do believe that you, I and others in this thread could have an interesting debate about these large questions and (in another thread) about the merits of energy policy. But at present neither of these is being usefully engaged. Lengthy hair-splitting exchanges will only succeed in trying the patience of our fellow Dopers.

Yep, using Winblows I thought that a simple copy-paste would work. The buffer didn’t clear and you got a link to something I emailed my Dad hours before. Here is the link I meant.

I did preview but didn’t check the link. My bad. Ya live, ya learn. By the way, the link I sent was the first link on my google search. YMMV, google updates links pretty quick.

Actually, I have too. I will take you up on your offer via e-mail and here is a link of my own:

Ok, one link won’t do it. Email me. There are so many issues involved that it would be amazing if one site had all the info. For example, the big questions about Kyoto require looking at: Chaos theory, stats, modeling theory, computer speed, data reliablity and other issues. And that is just a starting point.

Slee

Well, who really cares what you find persuasive or not? I certainly don’t. I might care what facts you were able to supply me with. Someone above cited Paul Harvey’s radio show with Ken Lay staying at the Clinton White House. I’ve heard my right wing friends insist on this being true. It isn’t. Ken Lay and Enron are the biggest sponsors of W’s political career ever. Fact. Not a “finding” on my part, or anyone else’s. Ken Lay had a courtesy veto over any Bush II energy appointment. Fact. Ken Lay had a desk in the White House to use when he was in town. Fact. The list of participants on Cheney’s committee is out. Fact. Enron, through Ken Lay, is on it as well as about 20 others. Facts.

Do I need to go to all the trouble of citing all this. No, do your own homework, or go to DemocraticUnderground.com where they have done it for you. (And don’t mind the tinfoil hat crowd that makes too big a deal over stuff.)

What you make of this information is up to you, but when Bush said he hardly knew Ken Lay, that was a lie.

No, I’ve been asking for specific evidence of how specific deregulation policies led to Enron’s collapse. Indeed, in the last half of my post I discuss each of the deregulated (or never-regulated) areas discussed by Greider. In some cases (e.g., 401(k) rules) I even agree with the assessment that there needs to be changes.

You keep wanting to say “broad trends” allowed the Enron collapse to happen, when that just isn’t true. Specific policies allowed the collapse to happen. To seriously discuss Enron (or anything for that matter), you need to get down to brass tacks: what specifically allowed this to happen? Anything less is hand-waving.

Maybe it’s just because I’m a lawyer, but I consider details to be terribly important. I’m told that the devil sometimes resides there.**

Well, I’d dispute that characterization, too. If you’ll look at my post, you’ll see that I discuss each of the areas that Greider raises, to the extent I can anyway. I mean, Greider complains about the problem of independence of the board of director’s audit committee without proposing an alternative, so I’ve got little to work with there (incidentally, you’ll note the one area where he does present an alternative, namely the public auditor concept, I discuss in greater depth).**

**Well, frankly, I never said “no one has as yet made a clear logical connection between laissez-faire historical conditions and the Enron collapse;” I said no one has as yet made a clear logical connection between energy deregulation or derivatives non-regulation and the Enron collapse. I’ll happily cede that there may be a role for greater regulation of, say, the accounting profession (or at least a greater role for the SEC in formulating accounting rules) in preventing similar collapses in the future. But I’m not about to make some kind of grand historical pronouncement about some epic trend that killed this company. I will not debate a glittering generality. **

Actually, dear boy, read the OP and the overwhelming bulk of responses in this thread; the NEP (in relation to Enron) is the big topic here, in case you haven’t noticed. In any event, if you want to discuss a given aspect of government regulation of the economy, and you don’t want to do it here, then fine – your “new thread” button works, too.

(Incidentally, my repeated references to the NEP in my prior post were less for you than for the other thread participants – sometimes a little repetition is good for insuring a point is heard.)

Ah, yes, yes you do. When you make a proposition, you should provide a specific source. Others are not obligated to prove your points on your behalf.

(And, no, citing to an entire website isn’t kosher, either; if it is, next time I make a proposition, I’m gonna cite to google).

Dewey:“You keep wanting to say “broad trends” allowed the Enron collapse to happen, when that just isn’t true. Specific policies allowed the collapse to happen. …Maybe it’s just because I’m a lawyer, but I consider details to be terribly important.”

And maybe it’s just because I’m a historian, but I have no problem seeing how historical trends result in specific policies. Do you?

“Well, frankly, I never said “no one has as yet made a clear logical connection between laissez-faire historical conditions and the Enron collapse;” I said no one has as yet made a clear logical connection between energy deregulation or derivatives non-regulation and the Enron collapse.”

Well then perhaps you’ve never understood the cited Krugman column in the first place.

Although you certainly seemed to understand what was being debated when you wrote:

“Pointing out that “Enron operated in a deregulated environment” and that “Enron failed” in the same paragraph isn’t enough. Plenty of companies operate in a deregulated environment without failing. You have to give a compelling reason for believing that the two are related.”

Greider gave what is in my view a set of compelling reasons. Your response to the set, unfortunately, is cluttered with misunderstanding. But, as I said above, I’d be more than happy to discuss your response if you will reframe it so as to address the points as they were intended.

“I’ll happily cede that there may be a role for greater regulation of, say, the accounting profession (or at least a greater role for the SEC in formulating accounting rules) in preventing similar collapses in the future. But I’m not about to make some kind of grand historical pronouncement about some epic trend that killed this company. I will not debate a glittering generality.”

Well, again, if that’s the case then what you’re actually debating is the logic behind almost all historical analysis. (Although I suppose it’s alternatively possible that you believe that lax regulation occurred because Martians have been beaming signals down as part of an intergalactic conspiracy in favor of Wall Street.)

The funny thing is that you have previously acknowledged that you do recognize the laissez-faire-leaning trend of the last few decades. Only you want insist that this particular set of under-regulated practices was isolated from it. Oddly enough, this is strikingly like your other argument that corporate influence may well be an issue worth discussing only not when it comes to Enron.

Sorry, all snideness aside. This is hair-splitting of the highest order and I just don’t enjoy that kind of debate. Nor do I feel any need or desire to join you in a protracted pissing contest. I’m sure we can both make wisecracks at each other’s expense till Enron’s shares are back up to $80. But what would be the point?

“Actually, dear boy…”

Correction: dear girl

“read the OP and the overwhelming bulk of responses in this thread; the NEP (in relation to Enron) is the big topic here, in case you haven’t noticed.”

Well, what I’ve noticed is that you’re eager to separate the merits of energy policy from the Enron debate. I can’t imagine that anyone interested in debating that point with you wouldn’t regard that as a plus.

I may start a thread on energy policy–if you don’t do it first–but it will probably have to wait for the end of the week.

Oh, and if you’re still having trouble reading my posts, let me remind of of a handy pre-Internet convention called the quotation mark ("). You’ll find one of these just before I cite you or someone else, and another one just before I start talking again.

" " Love it. Learn it. Live it. :wink:

I don’t know whose argument gives me a headache more, that of Mandelstam or Dewey.

I think I shall try to split the difference.

There is a clear connection to be made, although not because, as I read has been implied earlier in this thread, because derivatives are bad.

As I understand the problems of the California market, and I am not an energy economist or a specialist in such (but I do drink beers with some from time to time wherein I have discussed the issues), were multiple.

(a) There is the issue of finance and trading. Enron acted as an unregulated financial institution (with an underlying sideline in the delivery of actual fuel products) and thus escaped prudential regulations. Clearly this was not a terribly good idea if one looks at the games that were played. DCU I am sure is more learned than I in regulatory law, but from an economist’s perspective, they engaged in a number of behaviours which really point to the same classic agency problems which provoked and justify prudential oversight in other financial markets. (e.g. Enron’s inflated self-dealing where it moved the same ‘packet’ of energy around to inflate apparent market size/demand.)

Derivatives, being essential to modern financial markets and to maintaining a liquid inter-temporal market --you know, trading into the future partly speculation of course but also a means of smoothing out demand and supply imbalances. (For those confused, derivatives here involve(d) futures contracts for the delivery of power in X amount at time Y)

(b) The structure of the Cali market itself – one promoted by Enron as part of its overall play on a largely unregulated sphere of activity (and this due in no small part to its own efforts.) As I understand the issue, the Cali market suffered from a number of structural deficiencies, and not just the disconnect between wholesale and retail prices –indeed one would want the spot market gyrations to pass directly through to retail consumers, finest way to kill deregulation—but rather a number of structural problems in re designing a market which:

(1) Did not address issues of market power well enough (market power in the power market, I do so love the phrase) – the British market was redesigned I am told due to problems arising in re informal collusion in re bids and the like. Given imperfect information, and distributional bottlenecks –see below—one has to look closely at this.
(2) Did not account for the particular physics of electric networks, which due to load restrictions can result in delivery bottlenecks, thus allowing for market manipulation and exclusion of lowest cost generation.
(3) Did not allow power deliverers sufficient financial tools to hedge against spot fluctuations.

One could go on, but then I’d have to delve into cites which I am not inclined to do for the moment. The issues, how to properly design a deregulated power market when some portions of the market are naturally monopolistic ain’t easy and hand-waving about whole-sale price disconnects doesn’t advance a well-founded and sustainable deregulation. Some fellow (an economist) at MIT I am led to understand has taken both the physical and the financial into account in suggesting a better program, but this isn’t my area so I leave it to you all to follow up.

There are numerous compelling reasons to link the two. Whether they are compelling to justify a full-regulatory press, extension of prudential oversight to more non-financial firms engaged as a primary line of business in financial markets without oversight, or something else is another matter.

I don’t think the issue is well-served by denying the linkages, or by obfuscating them in political metaphor, as I don’t see corruption in Enron’s influence per se. Just wrong. It strikes me that Enron thought it had perfect ideas, but did not. The experiment failed, time to adjust, not pretend Bush somehow was a corrupt agent.

The trend to deregulation has been very positive and very helpful for economic growth. The problem in re Enron and esp. California is not de-regulation (or reduced regulation) per se but rather badly done de-regulation. There is no reason to throw the baby out with the bathwater. On the other hand, there is also no good reason to play 'see no evil" and pretend deregulation can’t cause problems.

Mandelstam, what you call “hair-splitting of the highest order” is nothing of the sort, unless you consider a real, vigorous attempt to understand the nuts and bolts behind the Enron collapse to be “hairsplitting.” Without doing that exercise, meaningful changes simply can’t happen. How could they? While you’re busy looking for “broad trends,” you necessarily miss the important details that need addressing.

While it is understandable to some extent – the way Enron collapsed involves dry, technical, and frankly (to most people – I must be a mutant) boring issues that the average person simply has no desire to invest any meaningful amount of time understanding. It is tremendously easier to speak the language of “broad trends” than it is to, say, roll up one’s sleeves and discuss the rules governing financial consolidation of SPEs.

But that doesn’t mean we shouldn’t make the effort to understand and discuss the details. And it is just as important to separate those things that caused the collapse from those that didn’t: the wheat must be separated from the chaff. If we fail in that exercise, we will become distracted by things unrelated to the problem at hand, and thus fail to address that problem.

Mandelstam, you’ve taken the maxim about not missing the forest for the trees to an illogical extreme. To butcher the metaphor a bit, you’ve decided to go many miles away from the forest so you can “contextualize” it with the surrounding landscape. Trouble is, you’ve gotten so far away from the forest that it’s just a little green blob. Instead of missing the forest for the trees, you’re missing the forest for the rest of the world.

I stand by my earlier position: the devil, indeed, is in the details.

Now that I’ve used my cache of cliches for the day, on to other matters…

You say I’ve “misunderstood” Greider. Well, how? Pick up one of Greider’s points and my response to it, and explain how I’ve “misunderstood” his point.

Re: quotes. For goodness sake, using the quote tag is a board convention, and for good reason. It isn’t that I can’t see or understand text in quotation marks; it’s that, when reading text on a monitor, it is easier on the eyes when quoted text is offset with lines and a double indent. It’s called the effective use of whitespace, and it works. Why you seem intent on making it more difficult for readers to read your posts is beyond me. :rolleyes:

Collounsbury: Your post basically lays out that there are potential problems with deregulation of the energy markets, and that many of those problems occurred in California. No one disputes that.

But then you go on to say that the linkage between energy deregulation and the Enron collapse is “compelling” without explaining how. Indeed, most energy deregulation opponents say that companies like Enron reaped the riches of Croesus from California due to their deregulation scheme. If that’s true, then deregulation would have worked against the Enron collapse, not for it.

Pointing this out is not “obfuscating […] in political metaphor.” It’s pointing out a legitimate, logical flaw.

Actually I rather read some of your posts as disputing some of that, esp in re the issues of market manip.

I understand that arguing with people who don’t understand markets leads to simplification, so I just wanted to try to point out certain structural issues insofar as I understand them (again not being an energy economist).

My apologies, I was writing thinking about unregulated market issues and the manner in which Enron carved out an un-regulated space for itself. It strikes me that on its face the manner in which Enron did so is intimately connected with the same issues which led to their collapse

I believe you’re understanding my comment in the context of being anti-deregulation, which I am most certainly not. Quite the contrary. Rather, my observation was in re the larger economic structure of this particular deregulation. From my reading you’re inappropriately poopooing certain aspects which are clearly problems (e.g. market manip, which regardless of the profits and losses involved etc.)

True, in the instance of manipulating that particular incident, although on the other hand I don’t know what Enron’s net position was at the end and whether some of their forward positions might have creamed them when FERC finally stepped in.

In re the larger picture of a deregulated energy market without prudential oversight, the phantom trading and “un-prudent” risk taking w/o regards to maintaining proper margins, it strikes me as an issue of market structure, perverse incentives, etc they are indeed intimately related. Of no little note of course is Enron’s investment in precisely that market structure which proved to have such runious incentives.

Now, to me this doesn’t say deregulation bad, but rather as one is deregulating a commodity market, especially one with the peculiar structural features that electricity has, one has to be careful. Introducing financial market participation introduces the same tendencies towards certain kinds of failures as exist elsewhere. Taking those into account is probably wise.

Sorry, that was actually aimed at Mandelstam. Lack of clarity on my part. Posting too rapidly.

However, the logical flaw isn’t so much a flaw as an issue of countervailing effects.

I’ve said it before, and I’ll say it again: in my opinion, ElvisL1ves is one of the most intelligent, erudite, and insightful posters on the SDMB. He backs up his arguments with facts and citations, keeps most matters at a civil level, and lays the smackdown only when some pinhead goes out of control. I want to grow up to be like Elvis (except for the sequins, sorry :slight_smile: ).

On the other hand, december is … well, december. The guy is already synonimous in Great Debates as “Conservative rabble-rouser,” whose favorite tactic is to misquote and distort the latest Fox News headline in some limp-wristed attempt to “shame” the “liberals” into embarassment. Just look at the last half-dozen topics in GD that december has started, and the ensuing dissection of the same, to see my point.

Hey, it works for the GOP, doesn’t it? :slight_smile:

Collounsbury, I don’t think we’re exactly disagreeing here, so what follows is mostly for clarification:

Well, I don’t dispute that there were problems in California – that’d take wilfull blindness! I’m more inclined to lay the blame for those problems with the way the energy deregulation policy was implemented by the California legislature than I am to blame so-called “gouging” by energy companies, but that doesn’t change the fact that the problems were related to deregulation. Indeed, I think California teaches that deregulation done poorly is far worse than not deregulating at all.**

While I’m skeptical of claims of market manipulation, I certainly recognize that concern over such manipulation is not misplaced. However, I am certain that such manipulation is unrelated to the Enron collapse.

I know I’m sounding like a broken record on that point, but it’s important. Enron is in the news right now because of the collapse. I think there is a propensity for the media to talk about Enron’s collapse one minute and energy deregulation (or the CFMA, or the NEP, or whatever) the next without distingushing the two.

What’s worse, while I think the media does this because they’re sloppy, I think politicians – mostly Democrats, in this particular instance – are blurring that critical distinction intentionally. (By the way, I’m not exonerating Republicans in this case nor am I denying that Republicans do this sort of thing in similar cases).

If there is a policy case to be made against energy deregulation, or the CFMA, or the NEP, then fine. That is a discussion worth having. But I think there’s a tendency to say “Enron was involved with energy deregulation/CFMA/NEP, they acted fraudulently and collapsed, therefore energy deregulation/CFMA/NEP must be bad” without critically analysing whether these things were actually related to the collapse. And that’s just sloppy reasoning.

(END OF RESPONSE TO COLLOUNSBURY – what follows is just me thinking out loud about Enron)

Incidentally, you hear me harp on the accounting stuff a lot. That’s because I think it is the single most crucial element to the puzzle. SEC regulation is the best kind of regulation, IMO: it is “disclosure based” rather than “merit based.” That is, the SEC doesn’t tell anyone if a company is good or bad, or that they can’t invest in them, or anything like that. The SEC just requires that the company disclose all the information relevant for investors to make an investing decision.

If Enron had consolidated its SPEs, people would have known that they were in trouble long before the collapse. They could have pulled out, or chosen not to invest in the first place. And frankly, Enron would have probably gotten into less trouble because a slipping stock price would have told them they were taking on too much debt and too much risk before it got to overwhelming levels. At the very least, we’d only fell the same level of sympathy for people who bought Enron as we do for those who bought Pets.com.

We don’t want to tightly regulate the derivatives markets or energy trading markets because that would stifle the trading innovations explored by companies like Enron. What we do want is to be sure that companies engaged in those kinds of risky activities fully disclose all information about the economic risks surrounding those activities and the potential liability for the company related to those activities. And then, we let investors decide how much risk they are willing to live with.

That’s why all this other stuff is irrelevant to the question “how to prevent another Enron-type collapse?” That other stuff might be important in other contexts, but not in examining the collapse. The question of how to prevent another collapse is best answered by “we don’t; we appraise investors of the risks and let them decide.” Thus, the real reform must be aimed at ensuring that financial disclosures match economic reality. That will implicate changes in the rules for accounting for certain financial vehicles, regulatory changes in how the accounting profession is managed and better conflict of interest rules for audtiors. But those aren’t political questions, at least not in the partisan sense, and it is a mistake to try and make them so.

True enough except in re market manip.

Well, I agree with the later, but in re the first, from my understanding from convos there are patterns of withholding power which are highly suspicious, in addition to the issues in re system bottlenecks in re lower cost production and load limits. As I recall, objections in re ‘why’ manips couldn’t happen did not account for the manner in which elec networks work and the degree to which careful load balancing is required to ensure producers can actually enter into it. I had this explained to me but I’m afraid the beer-napkin engineering escaped me, however the economics of manipulating price made sense in re the physics of the network and the structure of the market.(*) As such I am in fact agnostic as to whether there was manip, bad circumstances or some combo.

However, to my understanding, taken in the overall, there are some very problematic patterns which should be investigated ( I believe this was in fact discussed previously on the board), partly to understand what happened so that when designing a de-regulated market.

Directly yes, I was rather using this as a means to drawing attention to the poor structure of the market and the degree to which a poorly structured market can create negative incentives.

Or derivatives for that matter, which are not bad things. However, there is a linkage insofar as Enron promoted certain policies and structures – for its own benefit to be sure, but nothing wrong with that per se—which turned out to be very badly conceived and which appear to have enabled many of the very behaviours which brought them down.

As such, while I agree the way the connection is simply made does disservice to the subject, largely because most issues are way over most people’s heads.

Only one against idiotic deregulation like Cali.

I can agree there.

However disclosure has to be meaningful. It is certainly true that for many companies, above all those structured like Enron, much public disclosure has been near meaningless insofar as the baroque way relevant infos are presented to all but the most learned. Management happy talk on the other hand…. (Hey, I’m management, er, well.)

Same thing in re standards of disclosure and accounting for options based compensation.

Precisely.

Well, I disagree to the extent that some bankish prudential regulation would probably be a good idea for pure trading firms.

I agree.
(*: Actually I found the convo fascinating and should read up about this. I don’t expect my beery conversations to be proof so I shall do my best to find some actual analysis of the issue.)

Dewey: Mandelstam, what you call ‘hair-splitting of the highest order’ is nothing of the sort, unless you consider a real, vigorous attempt to understand the nuts and bolts behind the Enron collapse to be ‘hairsplitting.’ …While you’re busy looking for ‘broad trends,’ you necessarily miss the important details that need addressing.”

Once again, Dewey, my point seems to have gone entirely over your head :rolleyes:

I did not in the least suggest that an understanding of details was hairsplitting. Nor did I suggest that one must focus on broad trends at the expense of details (or vice versa). Rather, I’ve repeatedly said that you can’t–as you have wished to do–reject the connection between specific policies and the historical conditions from which they derive.

This is actually a facile argument–recognizable to any junior high student who has ever done a research report on the historical circumstances underlying this or that war, policy, event.
I genuinely believe that if you weren’t so perversely invested in resisting rather than in genuine debating you’d have conceded this tiny point long ago and moved on.

“It is tremendously easier to speak the language of “broad trends” than it is to, say, roll up one’s sleeves and discuss the rules governing financial consolidation of SPEs.”

Oh I see. Before what interested me was irrelevant and/or illogical; now it’s just too simple-minded for you.

Splendid! Since it’s so easy to discuss broad trends, and since you’re such an expert on procedures you can now get over your resistance and join me in exploring where and in what sense the two are related. Or you can take the position that that’s not where your interest lies, and let me do the historicizing (dissenting where you think it appropriate). Either position will be superior to your denial, up to this point, that there is any logical connection between historical conditions and the policies they enable.

“But that doesn’t mean we shouldn’t make the effort to understand and discuss the details.”

No indeed. In fact, if you scour my posts I don’t think you’ll find one instance of my suggesting that “we shouldn’t make the effort to understand and discuss the details.”

(You are now, I’m afraid, arguing with a strawman. A very lonely procedure, all things considered.)

“Trouble is, you’ve gotten so far away from the forest that it’s just a little green blob.”

Really? Last I looked, where I wasn’t forced into offering simplistic propositions about the connection between historical trends and specific policies, I was giving instances as to the connection between the two as limned by Krugman’s column and as specified in Greider’s article. We never got too far with this because you dismissed the former as a hand-waver (sorry Princeton University, sorry New York Times - Mr. Cheatem will have no truck with your boy); and because your response to the latter, when it finally came, was vitiated by a misunderstanding between energy deregulation and laissez-faire.

Believe me, if I could get anywhere near the trees, I would. But you aren’t making it easy!

“You say I’ve “misunderstood” Greider. Well, how?”

Sigh. By thinking I’d cited him to talk about energy policy. Dewey, perhaps you are too busy with laywering to devote short-term memory to this thread. If so, please re-read before your post.

Dewey, I fear that there is increasingly little evidence that you are arguing in good faith. Your conduct thus far suggests that you are more interested in scoring points at any cost, than in intellectual exchange of any kind. This kind of behavior works better in the Pit, or on a MB with less genuine commitment to learning.

You are still somewhat new to this Board. There are alot of very well-informed, intelligent people here. Speaking for myself, I always value the chance to interact with someone with a different political outlook, and different professional experience. Where that works best, both parties learn something from the exchange; they synthesize aspects of the other person’s worldview. While that doesn’t mean that their politics will change, it can mean that they see things in a different way.

To your credit, you have forced me to think through my position on this matter in greater detail; and I have learned certain facts about accounting procedures; and reflected on what this whole debacle must feel like to someone in your position. So far I am grateful.

Unfortunatley, I see no evidence that you have learned anything from your exchange with me. You are too busy trying to win at all costs to recognize even how your own position as changed over the course of this debate. Consider. Why are you even bothering? I don’t doubt that you are a very intelligent man, an accomplished professional, with degrees from a good law school, the apple of your mother’s eye ;).

Can’t you see that the whole point of this exercise is for you to acknowledge what is best in my understanding of the matter even as you to attempt to make your own views persuasive? Or do you really believe that I have absolutely nothing to offer you?

Actually, Collounsbury is a perfect example of someone whom I can respect, despite (even because of) many, many differences, precisely on matters of regulating economies.

Collounsbury, long time no see!

“I don’t know whose argument gives me a headache more, that of Mandelstam or Dewey.”

Ah, Collounsbury, when I think of all the money your parents laid out on charm school for you, I get positively teary-eyed. :wink:

I’m actually going to let you and Dewey work things out right now (as I see there is another long post from him in reply to your last). That will be more productive for me so as to remove myself hair-splitting tussles. I will chime in as and when I want to dissent. However, I do want to thank you for writing this:

“There are numerous compelling reasons to link the two [the dergulatory environment with the specific policies that led to the collapse]. Whether they are compelling to justify a full-regulatory press, extension of prudential oversight to more non-financial firms engaged as a primary line of business in financial markets without oversight, or something else is another matter.”

This is exactly where I’ve been trying to take the debate, but with little success.

Now for a slight scolding…

“I understand that arguing with people who don’t understand markets leads to simplification, so I just wanted to try to point out certain structural issues insofar as I understand them (again not being an energy economist).”

I want to assure you that I’m fully capable of understanding very sophisticated arguments about markets (though I’m not, of course, an economic historian). To dissent from market orthodoxy (as is evidenced by the dissent of actual economists such as Krugman/Bradford DeLong/and the Economic Policy Institute) is not necessarily to fail to understand them.

Let me say in the very kindnest way, that anything that can be done to curb arrogance and swagger in this thread will only make it better for all those reading and taking part.

Why, rjung, I’m truly touched (sniff, bawl, reach for handkerchief). I appreciate the very kind remarks, and rest assured I’ve got your back if someone like Neurotik ever gets as enraged over your use of facts as he has over mine.

Now, can anyone point out where this thread wandered into discussions over commodities pricing and market regulation, an area that only 3 or 4 participants here seem to get particularly moist over, instead of the Bush Administration’s tailoring of policies to suit a particular small segment of American society at the expense of others? Was it when {b]Dewey** realized he was trying to defend the indefensible, and resorted to covering his retreat with obfuscation instead of simply admitting he was wrong?

Okay, Collounsbury, I have had some time to review the more recent exchanges.

First, this early comment with respect to me.

*"Sorry, that [point about “obfuscating political metaphor”] was actually aimed at Mandelstam.

However, the logical flaw isn’t so much a flaw as an issue of countervailing effects."*

Sorry–can’t follow. Please explain what is meant by ofuscating political metaphor and what countervailing effects relate to it.

Dewey: *"However, I am certain that such
manipulation [of energy markets] is unrelated to the Enron collapse.

I know I’m sounding like a broken record on that point…"*

That is certainly the impression that I’ve gotten from reading the The Times. But this article from US News suggests a more complicated picture reaching back into the company’s beginnings. An excerpt:

“The Gas Bank [a business model promoted by Skilling] led the way. Because it called for Enron to write long-term contracts, the company could start accounting for those contracts differently. Traditional accounting would book revenue from a
long-term contract when it came in. But Skilling wanted Enron to book all anticipated revenue immediately. The practice is known as mark-to-market–or, more colloquially, counting your chickens before they hatch. Whatever the term, it was the third time in five years that Enron had significantly changed its accounting.”

Now it’s hard for someone with my background reading this (and the rest of this lengthy article) to see how the shady accounting procedures weren’t overdetermined by market forces as they existed in the energy industry at that time.

Here’s a link to the full account:

http://www.usnews.com/usnews/biztech/biztech/18enron.htm

Dewey again: “But I think there’s a
tendency to say “Enron was involved with energy deregulation/CFMA/NEP, they acted fraudulently and collapsed, therefore energy deregulation/CFMA/NEP must be bad”…And that’s just sloppy reasoning.”

FTR, I also agree that that’s sloppy reasoning (as I’m sure I said somewhere back on p.1).

“Incidentally, you hear me harp on the accounting stuff a lot. That’s because I think it is the single most crucial element to the puzzle.”

I agree, so long as one’s primary goal is to prevent major bilkings of investors, savings-and-loan style tax-payer bailouts, and fraud in general.

However, I think that Enron has touched a popular nerve and that many people who have felt discontent with market orthodoxy, with growing inequality, with excessive corporate power, and with manipulation of the democratic process are finding in Enron a symbol for–but also a reasonable example of–what they most dislike. That doesn’t mean, of course, that Enron’s collapse was equally caused by each of these sources of discontent. But it does mean that investigation into Enron, and the political aftermath can, and arguably should, take the form of a referendum on what kind of society people want. Tweaking accounting procedures isn’t going to be sufficient for anyone who is seriously discontent with the status quo.

"SEC regulation is the best kind of regulation, IMO: it is “disclosure based” rather than “merit based.”

I think that sounds like a reasonable step, but I wonder if it’s sufficient. What do you make, for example, of the conflict between Arthur Levitt and current SEC head Harvey Pitt? As Greider tells it, since the SEC head is a political appointment, and since that appointed head can turn a blind eye to shady disclosure practices, the oversight of the SEC is only as good as the faulty political process itself. Do you see a merely procedural way to correct that flaw? Do you disagree that a Pitt-style director poses a problem?

"At the very least, we’d only fell the same level of sympathy for people who bought Enron as
we do for those who bought Pets.com. "

Yes, of course, if a company is a bad risk, looks to be a bad risk, and people still invest then, as you yourself might say, “Tough toenails.” :wink: But I wonder if tweaking accounting procedures to be submitted to the politically-appointed SEC head is sufficient to ensure that disclosure really is disclosure. After all, Enron isn’t an isolated event.

“We don’t want to tightly regulate the derivatives markets or energy trading markets because that would stifle the trading innovations explored by companies like Enron.”

Well, assuming for the moment that energy trading actually works for consumers (I don’t agree with that but let’s assume it), what exactly do you see being the benefit of these “innovations”? Is it just that you see the profit-making and finance opportunities they afford as being necessary to keeping the economy hot? Because as I see it these “hedged” bets are ultimately hedged because taxpayers can usually be persuaded to pick up the bill when necessary. So at bottom the benefits disproportionately accrue to the wealthiest, while the risks are absorbed by society at large. I might actually be persuaded that this was okay, given some extra disclosure, did the ultra-rich and the mega-corporations pay a fairer share of the tax burden but they do not. Hence, I don’t see risky “innovations” resulting in any public good and I’ve yet to hear a persuasive argument as to why I should feel otherwise.

I also feel that our economy suffers from serious problems that aren’t in the least addressed by innovations of the Enron sort. I think we have training and development problems, I think we’ll have serious employment problems in the future, I think we’ve got a huge trade deficit problem, and I think there’s a problem of world oversupply. Adressing these problems is not good for Wall Street in the short-term; but it is what’s necessary for the good of the largest number of people and even for Wall Street’s short term.

“That’s why all this other stuff is irrelevant to the question ‘how to prevent another Enron-type collapse?’ That other stuff might be important in other contexts, but not in examining the collapse. The question of how to prevent another collapse is best answered by ‘we don’t; we appraise investors of the risks and let them decide.’”

I think that’s just fine as far as it goes, but bear in mind that the question that people are asking goes beyond “how to prevent another Enron-type collapse.” And that’s where those questions of undue corporate influence, corruption of the political process return. Not because they were the primary determinants of the collapse, but because they are very in much evidence in the current business culture, making Enron’s collapse a kind of tip of the iceberg.

“But those aren’t political questions, at least not in the partisan sense, and it is a mistake to try and make them so.”

True enough. But again I think you miss what’s upsetting people. Even hardcore liberals know that Republicans aren’t in favor of corporate collapse and economic instability. But insofar as the base of the iceberg is what’s causing the popular discontent, there is some political capital to be made for the party that convinces people that they represent the common man. Actually the Democrats have done a fairly lousy job of that in the last decade or so; so it isn’t a foregone conclusion that Democrats will make the most successful populists. Oh and FTR, I’m not suggesting that my politics run populist; no Ross Perot fan here :wink: What I want to see is an economic policy that addresses the long-term problems I’ve identified. The free-market orthodoxy barely even acknowledges their existence.

“Adressing these problems is not good for Wall Street in the short-term; but it is what’s necessary for the good of the largest number of people and even for Wall Street’s LONG term.”