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Subject:Breaking News : Williams Ordered to Pay $8 Million Refund to
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Date:Tue, 1 May 2001 03:21:00 -0700 (PDT)

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From Natural Gas Intelligence:

Breaking News : Williams Ordered to Pay $8 Million Refund to Cal-ISO
posted 10:05 AM (CST) May 1, 2001


Williams Energy Marketing & Trading has been ordered by FERC to refund $8
million to the California Independent System Operator (Cal-ISO) and has had a
"prospective condition" placed on its authority to sell power at market-based
rates for a year as part of a stipulation and consent agreement.

The agreement, which FERC approved Monday, was in response to a mid-March
order that directed Williams Energy and AES Southland Inc. to show cause why
they shouldn't be found in violation of the Federal Power Act (FPA) for
allegedly engaging in actions that drove up prices in the California bulk
power market and potentially compromised the reliability of the transmission
gid. The two companies entered into the agreement with FERC's Market
Oversight and Enforcement Section to resolve all the issues in the show-cause
order [IN0I-3-001].

Specifically, the agreement calls for Williams to refund $8 million of the
$10.85 million in additional revenues it received when two AES generation
units, designated as reliability must-run (RMR) units, failed to provide
immediate service to the Cal-ISO in April and May. The ISO was forced to call
upon other non-RMR units and pay a much higher price (near or at $750/MWh) to
Williams. Williams is the exclusive marketer for power from the two AES
plants at issue --- AES Alamitos LLC and AES Huntington Beach LLC in Southern
California. The Commission also conditioned Williams' market-based authority
such that it will have to bear the financial cost of replacement power if a
RMR unit is unavailable at any time over the next year.

Significantly, the agreement does not find that either Williams or AES abused
their market power in California. It rejected the California Public Utilities
Commission's request to impose penalties --- over and above refunds --- on
the companies. Moreover, the agreement does not put an end to the "formal,
non-public investigation" that FERC ordered in mid-March into violations
arising out of the conduct of Williams and AES.