Prepared Direct Testimony of Robert McCullough on Behalf of the ...

Page 38 <strong>of</strong> 76SEATAC-400Enron's traders developed a number <strong>of</strong> finely tuned schemes that manipulated the CaliforniaISO's computer systems in order to receive congestion fees. The schemes appear to be simplecommercial fraud since, by design, no actual generation was ever envisaged as ~vnning to supportthe schedules filed with the California ISO. One scheme in particular, the Forney PerpetualLoop," is designed to create an illusion <strong>of</strong> power flowing in a circle h m John :Day in Oregonthrough Mead in Nevada, through the critical congested pathways in California, without any input<strong>of</strong> energy whatsoever.Each <strong>of</strong> these schemes is a subset <strong>of</strong> the generic scheme, Death Star, where an iinaginaryschedule is filed with the IS0 that elicits payments for the alleviation <strong>of</strong> congestion. Since theIS0 is rule based rather than results based, no actual generation is required for the right to fileschedules. The only issues within the IS0 pertained to whether the schedules met the rules -even if they failed to meet any engineerkng logic.Each scheme is based on the fact that schedules are only plans that are filed days and hoursbefore energy flows take place. This allowed Enron to create an imaginary cycle <strong>of</strong> tradesthrough the ISO. A good analogy to this scheme is the common form <strong>of</strong> financial fraud known as"check kiting." In this ftaud, a con man writes checks between a cycle <strong>of</strong> bank accounts. Thefrequent deposits and withdrawals lull the bank into believing that real transactions are takingplace. Eventually, the con man withdraws all the deposits at once, leaving the bank to discoverthat recently deposited checks will bounce since the accounts they were written on have beenclosed.')John Forney's Perpetual Loop Diagram, Exhibit SEATAC42I.