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Enron Mail |
Dear Energy Supply/Power Marketing Executive:
The following information includes: The Supreme Court brief EEI filed May 31 responding to the two appeals that the court accepted, one filed by the New York Public Service Commission, 8 other state commissions and NARUC and the other by Enron. (attached pdf file) Background on the litigation and a summary of the main points of the brief. Listing of recent filings at FERC 5/29/2001 issue of FERC Orders - analyses of significant FERC orders. (attached pdf file) ****EEI's Supreme Court Brief - Background**** The states claim that FERC exceeded its jurisdiction under the Federal Power Act when it held in Order No. 888 that it has jurisdiction over transmission when it is unbundled from a retail sale of energy, as in states that have adopted retail competition. Enron, on the other hand, argues that FERC incorrectly concluded in Order No. 888 that it lacks jurisdiction over transmission that is sold as part of a bundled retail sale of electricity, as in states that have not adopted competition and still maintain the traditional service to bundled native load customers. EEI's brief supports the position taken by FERC in Order No. 888 that when transmission is unbundled from the retail sale, FERC has jurisdiction of the interstate transmission aspect, but that where states maintain the traditional scheme of regulation involving bundled retail sales, the states retain jurdicition over the bundled retail sale. The main points in EEI's brief are: The result in Order No. 888 is consistent with all of the language in the jurisdictional provisions of the FPA and with the legislative history of the Act. While recognizing FERC jurisdiction over interstate transmission, it comports with the statutory language by retaining state jurisdiction over "any other sale of electric energy" and maintains that which was subject to state regulation when the FPA was passed in 1935 --- that is bundled retail sales. EEI's brief highlights the changes in the industry and the changing uses of the interstate grid. Order No. 888 also recognizes and accommodates these changes. We dispute the claim made by both the states and Enron that "unbundling" is just an accounting change that does not change jurisdiction. The states argue that they always had jurisdiction over transmission when bundled and that unbundling cannot change that. Enron argues that since FERC has jurisdiction over interstate transmission, the "accounting" issue of whether it is bundled or unbundled cannot eliminate FERC jurisdiction. Instead, we explain that unbundling at the retail level is a necessary step to implement the fundamental policy made by states when they adopt retail competition. Responding to the states, we argued that when states make the policy choice to adopt retail competition, unbundling of transmission from energy is necessary to implement that policy. In order to allow access to transmission by competitive suppliers, FERC jurisdiction over transmission is appropriate. It is also consistent with the FPA proviso that states have jurisdiction over the retail sales of energy. The sale of transmission service separately is not a sale of energy, Responding to Enron, our brief argues that to adopt Enron's argument that FERC should regulate all transmission, even that in a bundled retail sale, ignores six decades of history and judicial interpretation leaving to the states jurisdiction over any transmission sold as part of the retail electricity sale. Congress has amended the FPA on several occsadions, but has not altered the allocation of federal/state responsibility. == RECENT FERC FILINGS == (1) RTO DEVELOPMENTS * CAISO, SAN DIEGO GAS & ELECTRIC and SOUTHERN CALIFORNIA EDISON filed a joint Order No. 2000 Compliance Filing. RT01-85-000. Comments due by June 19, 2001. * SPP, pursuant to the Commission's March 28, 2001 Order, submitted its RTO compliance filing. RT01-34-003. Comments due by June 18, 2001. * ENTERGY SERVICES, pursuant to the Commission's March 28, 2001 Order, submitted its RTO compliance filing. RT01-75-003. Comments due by June 18, 2001. * The following entities filed responses to SOUTH CAROLINA PUBLIC SERVICE AUTHORITY's Status Report and GRIDSOUTH's Status Report on discussions between themselves pursuant to the Commission's March 14, 2001 Order. RT01-74-002. Filed June 1, 2001. - GRIDSOUTH - SOUTH CAROLINA PUBLIC SERVICE AUTHORITY- CALPINE EASTERN - NORTH CAROLINA ELECTRIC MEMBERSHIP CORP. - CENTRAL ELECTRIC POWER COOP. - ELECRICITIES OF NORTH CAROLINA, PIEDMONT MUNICIPAL POWER AGENCY and the Cities of ORANGEBURG and SENECA, SC * PORTLAND GENERAL ELECTRIC CO., SIERRA PACIFIC POWER CO. and NEVADA POWER CO. filed a joint request for clarification of the Commission's April 26 Order granting, with modification, RTO WEST's petition for Declaratory Order. The issue involves export fees in the rate proposal. RT01-35-001. Filed June 1, 2001. * NEW HORIZON ELECTRIC COOP. filed comments regarding GRIDSOUTH TRANSCO's Order No. 2000 Supplemental Compliance Filing. RT01-74-002. Filed June 1, 2001. * FLORIDA POWER & LIGHT CO. and TAMPA ELECTRIC CO. filed a joint request for approval of a transmission pricing plan that will facilitate the divestiture of their transmission facilities to GRIDFLORIDA RTO. ER01-2205-000. Comments due by June 22, 2001. * CAISO submitted its compliance filing regarding Demand Response pursuant to the Commission's April 26, 2001 Order. EL00-95-000, et. al. Filed June 1, 2001. * NYISO filed a request for authorization to reduce the written notice requirements applicable to meetings of various committees from 7 to 5 days. ER01-2162-000. Comments due by June 20, 2001. * The following entities filed responses to the CAISO's May 11, 2001 compliance filing regarding creditworthiness issues. ER01-889-005. Filed June 1, 2001. - OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF PACIFIC GAS & ELECTRIC CO. - ELECTRIC POWER SUPPLY ASSOC. - NORTHERN CALIFORNIA POWER AGENCY - PACIFIC GAS & ELECTRIC CO. - CALIFORNIA DEPARTMENT OF WATER RESOURCES - MIRANT CALIFORNIA, MIRANT DELTA and MIRANT POTRERO - RELIANT ENERGY POWER GENERATION and RELIANT ENERGY SERVICES - SOUTHERN CALIFORNIA EDISON CO. - DYNEGY POWER MARKETING, EL SEGUNDO POWER, LONG BEACH GENERATION and CABRILLO I and II - MODESTO IRRIGATION DISTRICT * LUZ SOLAR PARTNERS VIII and IX filed a request for the Commission to resolve certain outstanding interconnection issues with SOUTHERN CALIFORNIA EDISON stemming from the Commission's May 16, 2001 Order. EL00-95-020, EL00-98-019, et. al. Filed May 30, 2001. * PPL ELECTRIC UTILITIES CORP. and PPL ENERGYPLUS filed a joint request for rehearing of the Commission's May 4, 2001 Order which accepted amendments to the modified Reliability Assurance Agreement which has a new method for allocating revenues derived from payments by capacity deficient entities of the capacity deficiency rate to those committing needed capacity. ER01-1440-002. Filed June 4, 2001. * MIRANT AMERICAS ENERGY MARKETING, MIRANT CALIFORNIA, MIRANT DELTA and MIRANT POTRERO filed a joint protest regarding the CAISO's first (May 18) and second (May 25) status reports filed pursuant to the Commission's April 26, 2001 Order. EL00-95-000, et. al. Filed June 1, 2001. * WESTERN SYSTEMS COORDINATING COUNCIL filed the Third Amendment to the WSCC Reliability Criteria Agreement regarding procedures to allow the Reliability Compliance Committee to request additional information and modification of the RMS Operating Transfer Capability criterion to change the time period for reducing flows on stability limited paths from 10 to 20 minutes. ER01-2167-000. Comments due by June 20, 2001. * NEW YORK STATE ATTORNEY GENERAL filed a response in support of the NYISO's filing for exigent circumstances to implement Automated Mitigation Procedures by June 15, 2001. ER01-2076-000. Filed June 1, 2001. * RELIANT ENERGY POWER GENERATION and RELIANT ENERGY SERVICES filed an emergency motion requesting expedited consideration of the rehearing requests of the Commission's "Market Mitigation Order". EL00-95-031, EL00-98-030, et. al. Filed June 4, 2001. * CALIFORNIA PUBLIC UTILITIES COMMISSION filed a request for clarification regarding the Commission's May 16, 2001 Order regarding whether the Order is preliminary or final as to QF issues. EL00-95-035, EL00-98-034, et. al. Filed May 31, 2001. * ISO-NE filed a request for expedited approval of its Standard Market Design based on the PJM market design. ER01-2192-000 and EL01-85-000. Filed May 31, 2001. * NEPOOL filed its Seventy-Fourth Agreement Amending the NEPOOL Agreement which addresses the appeals process by the NEPOOL Review Board and Review Board Code of Conduct. ER01-2140-000. Comments due by June 15, 2001. * NEPOOL filed the approved changes to Market Rule 17 regarding three-part bidding and Net Commitment Period Compensation. ER01-2144-000. Comments due by June 15, 2001. * ISO-NE filed a proposal to restructure Installed Capacity as a product and to impose a substantial deficiency charge. EL00-62-026. Filed June 4, 2001. * NEPOOL filed to expand its membership to ANP FUNDING I, CONSERVATION SERVICES GROUP, DOMINION NUCLEAR MARKETING III and NORTHEAST GENERATION SERVICES CO. and to terminate membership of NEW YORK POWER AUTHORITY. ER01-2193-000. Comments due by June 22, 2001. (2) OATT/TRANSMISSION * AMERICAN ELECTRIC POWER SERVICE CORP. filed an unexecuted Interconnection and Operation Agreement between INDIANA MICHIGAN POWER CO. and DPL ENERGY. ER01-2163-000. Comments due by June 20, 2001. * PUGET SOUND ENERGY filed a Blanket Service Agreement for Retail Network Integration Transmission Service, a Retail Network Operating Agreement and a proposed Schedule 4R for its OATT in order to provide energy imbalance service for certain retail customers. ER01-2149-000. Comments due by June 19, 2001. * METROPOLITAN EDISON CO. d/b/a GPU ENERGY filed a Generation Facility Transmission Interconnection Agreement between itself and the BENTECH GROUP OF DELAWARE. ER01-2190-000. Comments due by June 21, 2001. * CAROLINA POWER & LIGHT CO. filed a revised Appendix K, monthly facility fee, to the executed Facility Interconnection and Operating Agreement with LUMBERTON POWER. ER01-1853-001. Comments due by June 21, 2001. * CAROLINA POWER & LIGHT CO. filed a revised Appendix K, monthly facility fee, to the executed Facility Interconnection and Operating Agreement with ELIZABETHTOWN POWER. ER01-1859-001. Comments due by June 21, 2001. * SOUTHERN COMPANY SERVICES, on behalf of GEORGIA POWER, filed an Interconnection Agreement between GEORGIA POWER and DUKE ENERGY MURRAY. ER01-2166-000. Comments due by June 20, 2001. * SOUTHERN COMPANY SERVICES, on behalf of GEORGIA POWER, filed an Interconnection Agreement between GEORGIA POWER and DUKE ENERGY SANDERSVILLE. ER01-2173-000. Comments due by June 20, 2001. * MID-CONTINENT AREA POWER POOL, on behalf of its Regional Transmission Committee, filed an Inadvertent Settlement Tariff governing inadvertent interchange. ER01-2195-000. Comments due by June 22, 2001. * MID-CONTINENT AREA POWER POOL filed long-term firm, short-term firm and non-firm service agreements under MAPP Schedule F with numerous surrounding utilities. ER01-2189-000. Comments due by June 21, 2001. * MID-CONTINENT AREA POWER POOL, on behalf of its Regional Transmission Committee members subject to the Commission's jurisdiction, filed amendments to Schedule F that incorporate the NERC transmission loading relief procedures for the curtailment of firm transmission, including generation to load service. ER01-2207-000. Comments due by June 22, 2001. * CALPINE CONSTRUCTION FINANCE CO. filed a motion to intervene regarding CENTRAL MAINE POWER CO.'s Interconnection Agreement between CENTRAL MAINE and CALPINE. ER01-2032-000. Filed June 4, 2001. * ENTERGY filed revisions to its standard Generator Imbalance Agreement involving schedule curtailments, schedule confirmations, billing fees and the timing of preparation of invoices. ER01-2201-000. Comments due by June 22, 2001. * AMERICAN ELECTRIC POWER SERVICE CORP. filed an answer to DUKE ENERGY FRANKLIN's motion to intervene regarding AMERICAN ELECTRIC POWER SERVICE CORP.'s filed executed Interconnection and Operation Agreement between COLUMBUS SOUTHERN POWER CO. and DUKE ENERGY FRANKLIN. ER01-1900-000. Filed June 5, 2001. * ENTERGY filed revisions to its OATT regarding the portion of the Order 614 Tariff containing the ancillary services schedules 3-6. ER01-2214-000. Comments due by June 22, 2001. * SOUTHERN INDIANA GAS & ELECTRIC CO. filed a response to DUKE ENERGY NORTH AMERICA and ALCOA POWER GENERATING's motions to intervene regarding SOUTHERN INDIANA GAS & ELECTRIC CO.'s revisions to its OATT updating rates, amending Energy Imbalance Service, establishing a charge for exceeding transmission reservation, establishing a Power Factor Correction Service, providing Interconnection Procedures, and adding a dynamic scheduling provision. ER01-1938-000. Filed June 5, 2001. * MISO filed proposed revisions to its OATT related to the MAPP asset acquisition. ER01-479-001. Filed June 4, 2001. * WOLVERINE POWER SUPPLY COOP. filed a notice of withdrawal of its application to change its Rate Schedule FERC No. 4, Wholesale Service to Member Distribution Cooperatives. ER01-1815-000. Comments due by June 20, 2001. * ARIZONA INDEPENDENT SCHEDULING ADMINISTRATOR ASSOC. filed a revised Original Service Agreement No. 2. ER01-2198-000. Comments due by June 22, 2001. (3) MARKET COMPLAINTS * The following entities filed motions to intervene regarding NSTAR ELECTRIC & GAS' complaint against SITHE contesting market-based rate authority due to market power in the Northeastern Massachusetts Area. EL01-79-000. Filed June 4, 2001. - SITHE (an answer) - ISO-NE - MIRANT COMPANIES - MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC CO. - CALPINE EASTERN CORP. - BRAINTREE ELECTRIC LIGHT DEPT., READING MUNICIPAL LIGHT DEPT. and TAUNTON MUNICIPAL LIGHTING PLANT - PG&E ENERGY TRADING-POWER - POWER DEVELOPMENT CO. - CONSOLIDATED EDISON CO. * BONNEVILLE POWER ADMINISTRATION filed a supplement to its May 7, 2001 answer to CALIFORNIANS FOR RENEWABLE ENERGY's complaint against BC HYDRO, POWEREX, MIRANT, the BPA and the LOS ANGELES DEPARTMENT OF WATER AND POWER claiming that they withheld power during a period of peak demand to create a shortage and raise the price. EL01-65-000. Filed June 1, 2001. * SOUTHERN CALIFORNIA EDISON CO. and PACIFIC GAS & ELECTRIC CO. each filed answers to the CITY OF VERNON, CA's complaint against the CAISO seeking an order that the CAISO may not require interruptions of VERNON's firm service to customers in order to provide power to other utilities that have chosen not to procure or schedule resources in advance to serve their loads. EL01-75-000. Filed June 4, 2001. * INDECK MAINE ENERGY filed a complaint requesting fast track processing against ISO NE requesting an Order to require ISO NE to dispatch all available generation before it may impose bid caps or declaring a capacity shortage. EL01-86-000. Comments due by June 15, 2001. (4) MERGERS/CORPORATE RESTRUCTURING * MIDWEST ENERGY filed a request to transfer operational control of its transmission facilities to the SPP RTO. EC01-106-000. Comments due by June 14, 2001. * AMERICAN ELECTRIC POWER SERVICE CORP., on behalf of WEST TEXAS UTILITIES CO., PUBLIC SERVICE COMPANY OF OKLAHOMA and SOUTHWESTERN ELECTRIC POWER CO. filed a request to transfer operational control of their transmission facilities to the SPP RTO. EC01-94-000. Comments due by June 14, 2001. * KANSAS CITY POWER & LIGHT CO. filed a joint request to transfer operational control of its transmission facilities to the SPP RTO. EC01-108-000. Comments due by June 15, 2001. * EMPIRE DISTRICT ELECTRIC CO. filed a request to transfer operational control of its transmission facilities to the SPP RTO. EC01-109-000. Comments due by June 15, 2001. * SOUTHWESTERN PUBLIC SERVICE CO. filed a request to transfer operational control of its transmission facilities to the SPP RTO. EC01-111-000. Filed May 30, 2001. * UPPER PENINSULA POWER CO. and AMERICAN TRANSMISSION CO. filed a request for authorization to transfer operational control and ownership of UPPER PENINSULA's transmission facilities to ATC. EC01-105-000. Comments due by June 18, 2001. (5) MISCELLANEOUS * The following entities filed motions to intervene regarding the WESTERN SYSTEMS COORDINATING COUNCIL, WESTERN REGIONAL TRANSMISSION ASSOC. and SOUTHWEST REGIONAL TRANSMISSION ASSOC.'s proposed merger into a single organization, the WESTERN ELECTRICITY COORDINATING COUNCIL. EL01-74-000 and ER01-2058-000. Filed June 4, 2001. - AVISTA CORP., SIERRA PACIFIC POWER CO., NEVADA POWER CO. and PORTLAND GENERAL ELECTRIC CO. - PUGET SOUND ENERGY INC. - PORTLAND GENERAL ELECTRIC CO. == RECENT FERC FILINGS == (1) RTO DEVELOPMENTS * CAISO, SAN DIEGO GAS & ELECTRIC and SOUTHERN CALIFORNIA EDISON filed a joint Order No. 2000 Compliance Filing. RT01-85-000. Filed June 1, 2001. * PACIFIC GAS & ELECTRIC CO. filed an Order No. 2000 Compliance Filing. RT01-85-000 and RT01-83-000. Filed June 1, 2001. * DESERTSTAR submitted an informational letter briefly outlining its progress towards forming an RTO and requesting that the Commission allow them until June 15, 2001 to submit their Informational Filing. RT01-44-000. Filed May 31, 2001. * SOUTH CAROLINA CONSUMER ADVOCATE filed comments regarding GRIDSOUTH TRANSCO's Order No. 2000 Supplemental Compliance Filing. RT01-74-002. Filed June 1, 2001. * NYISO filed a request for authorization to reduce the written notice requirements applicable to meetings of various committees from 7 to 5 days. ER01-2162-000. Filed May 30, 2001. * NEPOOL filed its Seventy-Third Agreement Amending the Restated NEPOOL Agreement which amends Ancillary Service Schedule 2 to reflect a non-$0 Capacity Cost charge in the cost recovery formula. ER01-2161-000. Filed May 30, 2001. * The following entities filed briefs pursuant to the Commission's May 16, 2001 Order Granting Motions for Emergency Relief in Part and Deferring Action on Other Aspects of Motions and Proposed Order Under Section 210(d) Directing Interconnections with Qualifying Facilities and Establishing Further Procedures. EL00-95-020. Filed May 30, 2001. - COGENERATION ASSOCIATION OF CALIFORNIA and the ENERGY PRODUCERS AND USERS COALITION - CROCKETT COGENERATION - RIPON COGENERATION - SAN DIEGO GAS & ELECTRIC - SUNRAY ENERGY * The following entities filed responses to NYISO's filing for exigent circumstances to implement Automated Mitigation Procedures by June 15, 2001. ER01-2076-000. Filed May 31, 2001. - H.Q. ENERGY SERVICES - NEW YORK STATE ATTORNEY GENERAL - PPL ENERGYPLUS - NEW YORK STATE ELECTRIC & GAS CORP. and ROCHESTER GAS & ELECTRIC CORP. - MORGAN STANLEY CAPITAL GROUP - An Association of New York State's largest commercial and industrial consumers - NRG POWER MARKETING - DYNEGY POWER MARKETING - Certain MEMBERS OF THE TRANSMISSION OWNERS COMMITTEE of the ENERGY ASSOC. of NEW YORK STATE - AQUILA ENERGY MARKETING CORP., EDISON MISSION ENERGY and EDISON MISSION MARKETING & TRADING - ELECTRIC POWER SUPPLY ASSOC. - INDECK COMPANIES - KEYSPAN-RAVENSWOOD - WILLIAMS ENERGY MARKETING & TRADING CO. in support of EPSA - INDEPENDENT POWER PRODUCERS OF NEW YORK * PACIFIC GAS & ELECTRIC CO. filed a motion for clarification regarding the Commission's May 16, 2001 "Further Order on Removing Obstacles to Increased Energy Supply and Reduced Demand in the Western United States". Specifically, cost allocation issues regarding interconnections. EL01-47-000 and EL01-47-001. Filed May 31, 2001. * PSEG COMPANIES filed a motion to intervene regarding NYISO's filing for exigent circumstances to implement Automated Mitigation Procedures by June 15, 2001. ER01-2076-000. Filed June 1, 2001. (2) OATT/TRANSMISSION * The following entities filed responses to SPP's revised OATT amendments, which, among other things, accommodate retail access in Texas, include rollover rights like PJM's, and address property rights when locations of firm basis delivery are changed, creditworthiness, and other issues. ER01-1989-000. Filed May 31, 2001. - EAST TEXAS ELECTRIC COOP., NORTHEAST TEXAS ELECTRIC COOP and TEX-LA ELECTRIC COOP of TEXAS - GOLDEN SPREAD ELECTRIC COOP. and LIGHTHOUSE ELECTRIC COOP. - TENASKA POWER SERVICES * BONNEVILLE POWER ADMINISTRATION filed a motion to accelerate the effective date of the Commission's May 7, 2001 approval of its 2002 Transmission and Ancillary Services Rates from October 1, 2001 to July 1, 2001. EF01-2021-000. Filed May 30, 2001. * NORTH CAROLINA ELECTRIC MEMBERSHIP CORP. filed a motion to intervene regarding CAROLINA POWER & LIGHT and FLORIDA POWER CORPORATION's notice of cancellation of their joint OATT. Each had previously filed separate OATTs to replace the Joint OATT. ER01-2020-000. Filed May 31, 2001. * SOUTHWESTERN ELECTRIC POWER CO. filed and answer to NORTHEAST TEXAS ELECTRIC COOP.'s (NTEC) request for a declaratory order that the cost of upgrading certain transmission grid facilities of the SOUTHWESTERN ELECTRIC POWER CO. should be rolled in and not directly assigned to NTEC. EL01-73-000. Filed May 31, 2001. (3) MARKET COMPLAINTS * SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT filed a Section 206 complaint against CAISO regarding neutrality adjustment charges for the year 2000 which SALT RIVER claims exceed the $0.095/MWh rate cap set forth in the CA ISO Tariff. EL01-84-000. Filed June 1, 2001. == RECENT FERC FILINGS == (1) RTO DEVELOPMENTS * The following entities filed requests for rehearing regarding the Commission's April 26, 2001 Order approving RTO WEST and TRANSCONNECT's stage one Order No. 2000 Compliance Filing. RT01-35-001 and RT01-15-001. Filed May 29, 2001. - The CITY OF SEATTLE - IDAHO POWER CO. and PACIFICORP - IDAHO CONSUMER-OWNED UTILITIES ASSOC., IDAHO ENERGY AUTHORITY, MARKET ACCESS COALITION, NORTHWEST REQUIREMENTS UTILITIES, PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, WA and WESTERN PUBLIC AGENCIES GROUP - ARIZONA PUBLIC SERVICE CO. - DIRECT GENERATION & TRANSMISSION COOPERATIVE - RTO WEST & TRANSCONNECT * CAISO filed its Second Status Report on Implementation of the Mitigation Plan contained in the Commission's April 26, 2001 Order. EL00-95-000, et. al. Filed May 25, 2001. * The following entities filed briefs pursuant to the Commission's May 16, 2001 Order Granting Motions for Emergency Relief in Part and Deferring Action on Other Aspects of Motions and Proposed Order Under Section 210(d) Directing Interconnections with Qualifying Facilities and Establishing Further Procedures. EL00-95-020. Filed May 29, 2001. - INDEPENDENT ENERGY PRODUCERS ASSOC. - CALIFORNIA PUBLIC UTILITIES COMMISSION - RIPON COGENERATION - RIDGEWOOD POWER - LUZ SOLAR PARTNERS - WHEELABRATOR HUDSON ENERGY CO., WHEELABRATOR SHASTA ENERGY CO., WHEELABRATOR LASSEN INC., and WHEELABRATOR NORWALK ENERGY Co. - CALIFORNIA COGENERATION COUNCIL and GOAL LINE - CALIFORNIA COGENERATION COUNCIL and CERTAIN CALIFORNIA QUALIFYING FACILITIES - WATSON COGENERATION CO. - DYAMIS, INC. - COUNTY OF LOS ANGELES - SOUTHERN CALIFORNIA EDISON - CALPINE CORP. - PACIFIC GAS & ELECTRIC CO. * The following entities filed responses regarding the Commission's April 26 Order regarding mitigation and monitoring of the CA wholesale market and a western wholesale rate investigation. EL00-95-012. Filed May 25, 2001. - NORTHERN CALIFORNIA POWER AGENCY - SACRAMENTO MUNICIPAL UTILITY DISTRICT - CITIES OF REDDING, SANTA CLARA and PALO ALTO, CA and the M-S-R PUBLIC POWER AGENCY - MODESTO IRRIGATION DISTRICT - RELIANT ENERGY POWER GENERATION and RELIANT ENERGY SERVICES - CAISO- LOS ANGELES DEPARTMENT OF WATER & POWER - CITY AND COUNTY OF SAN FRANCISCO - CALIFORNIA ELECTRICITY OVERSIGHT BOARD - CALIFORNIA MUNICIPAL UTILITIES ASSOC. * The following entities filed requests for rehearing regarding the Commission's April 26 Order regarding mitigation and monitoring of the CA wholesale market and a western wholesale rate investigation. EL00-95-031 and EL00-98-030, et. al. Filed May 25, 2001. - MIRANT AMERICAS ENERGY MARKETING, MIRANT CALIFORNIA, DELTA and POTRERO - PPL ENERGYPLUS, PPL MONTANA and PPL SOUTHWEST GENERATION - MODESTO IRRIGATION DISTRICT - TRANSMISSION AGENCY OF NORTHERN CALIFORNIA - SOUTHERN CALIFORNIA EDISON CO. - AUTOMATED POWER EXCHANGE - WILLIAMS ENERGY MARKETING & TRADING CO. - DUKE ENERGY NORTH AMERICA and DUKE ENERGY TRADING & MARKETING - ELECTRIC POWER SUPPLY ASSOC. - CALIFORNIA PUBLIC UTILITIES COMMISSION - CITY OF SAN DIEGO - SACRAMENTO MUNICIPAL UTILITY DISTRICT - AMERICAN PUBLIC POWER ASSOC. - CITIES OF REDDING, SANTA CLARA and PALO ALTO, CA and the M-S-R PUBLIC POWER AGENCY - SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT - TURLOCK IRRIGATION DISTRICT - CALPINE CORP. - SOUTHERN CALIFORNIA WATER CO. - CALIFORNIA AIR RESOURCES BOARD - CITIES OF ANAHEIM, AZUSA, BANNING, COLTON and RIVERSIDE - CAISO - The CALIFORNIA STATE ASSEMBLY - CALIFORNIA MUNICIPAL UTILITIES ASSOC. - PACIFIC GAS & ELECTRIC - CALIFORNIA DEPARTMENT OF WATER RESOURCES - CITY OF BURBANK - LOS ANGELES DEPARTMENT OF WATER & POWER - METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA - DYNEGY POWER MARKETING, EL SEGUNDO POWER, LONG BEACH GENERATION, CABRILLO I & II and NRG POWER MARKETING - IMPERIAL IRRIGATION DISTRICT - RELIANT ENERGY POWER GENERATION and RELIANT ENERGY SERVICES - AVISTA ENERGY * The following entities filed motions to intervene regarding CAISO's proposed revision to its by-laws regarding the composition and authority of its Board. EL00-95-030 and EL00-98-029. Filed May 25, 2001 - PACIFIC GAS & ELECTRIC CO. - ENRON POWER MARKETING and CORAL POWER * CAISO filed a response to the request of the CITIES of ANAHEIM, AZUSA, BANNING, COLTON and RIVERSIDE, CA, in response to which the Commission shortened the time period for answers to the CITIES request for clarification of the Commission's April 26 Order regarding mitigation and monitoring of the CA wholesale market and a western wholesale rate investigation. EL00-95-012. Filed May 29, 2001. Comments were due May 25, 2001. * The following entities filed responses regarding the proposed escrow account for unpaid bills in the Commission's April 26 Order regarding mitigation and monitoring of the CA wholesale market and a western wholesale rate investigation. EL00-95-012. Filed May 29, 2001. - PACIFIC GAS & ELECTRIC - COGENERATION ASSOCIATION OF CALIFORNIA and the ENERGY PRODUCERS AND USERS COALITION - CITIES OF ANAHEIM, AZUSA, BANNING, COLTON and RIVERSIDE, CA - CALIFORNIA PUBLIC UTILITIES COMMISSION - METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA - OFFICIAL COMMITTEE OF UNSECURED CREDITORS OF PACIFIC GAS & ELECTRIC CO. - SACRAMENTO MUNICIPAL UTILITY DISTRICT - AVISTA ENERGY - RELIANT POWER GENERATION and RELIANT ENERGY SERVICES - MODESTO IRRIGATION DISTRICT - DYNEGY POWER MARKETING - CALIFORNIA DEPARTMENT OF WATER RESOURCES - POWEREX CORP. - NORTHERN CALIFORNIA POWER AGENCY - PUGET SOUND ENERGY - CITY OF VERNON, CA * NEPOOL filed a request for rehearing of the Commission's April 25, 2001 Order which rejected NEPOOL's proposed confidential information policy provision. ER01-1398-002. Filed May 25, 2001. * BRAINTREE ELECTRIC LIGHT DEPARTMENT, READING MUNICIPAL LIGHT DEPARTMENT and TAUTON MUNICIPAL LIGHTING PLANT filed a joint request for rehearing of the Commission's April 26, 2001 Order granting certain market monitoring and mitigation in ISO NE. ER01-368-002. Filed May 29, 2001. * NEPOOL filed its Seventy-Fourth Agreement Amending the NEPOOL Agreement which addresses the appeals process by the NEPOOL Review Board and Review Board Code of Conduct. ER01-2140-000. Filed May 25, 2001. * NEPOOL filed the approved changes to Market Rule 17 regarding three-part bidding and Net Commitment Period Compensation. ER01-2144-000. Filed May 25, 2001. (2) OATT/TRANSMISSION * NERC's Market Interface Committee filed a request for a new OASIS business practice standard regarding accepted but unconfirmed firm daily point-to-point service and reservation timing limits. RM95-9-013. Filed May 29, 2001. * COMMONWEALTH EDISON CO. and COMMONWEALTH EDISON CO. of INDIANA withdrew their April 20, 2001 filing, which would have amended the generator Interconnection Procedures set forth in Attachment K of COMED's OATT. ER01-1833-000. Comments due by June 15, 2001. * AMEREN SERVICES CO. filed a Transmission System Interconnection Agreement and Parallel Operating Agreement between itself and AMEREN ENERGY DEVELOPMENT CO. ER01-2122-000. Comments due by June 15, 2001. * AMEREN SERVICES CO. filed a Transmission System Interconnection Agreement and Parallel Operating Agreement between itself and AMEREN GENERATING CO. and AMEREN ENERGY DEVELOPMENT CO. ER01-2123-000. Comments due by June 15, 2001. * MICHIGAN ELECTRIC TRANSMISSION CO. filed an unexecuted Generator Interconnection Agreement and Operating Agreement between CONSUMERS and MONTCALM COUNTY RENAISSANCE TRUST. ER01-2126-000. Comments due by June 14, 2001. * PJM filed an executed Interconnection Service Agreement between itself and MIDDLESEX GENERATING CO. as well as two executed Interim Interconnection Service Agreements between itself and MIRANT AMERICAS ENERGY MARKETING. ER01-2127-000. Comments due by June 14, 2001. * COMMONWEALTH EDISON CO. filed a motion to intervene and support DUKE LEE ENERGY's May 7, 2001 filing of a tariff to provide Emergency Redispatch Service. ER01-1988-000. Filed May 29, 2001. * TXU ENERGY SERVICES CO. and TXU ENERGY TRADING CO. (joinly) and TENASKA POWER SERVICES filed motions to intervene regarding SPP's proposed revised OATT in order to accommodate retail access in Texas, include rollover rights like PJM's, address property rights when locations of firm basis delivery are changed, creditworthiness, among others. ER01-1989-000. Filed May 29, 2001. * PACIFIC GAS & ELECTRIC CO. filed a protest regarding the CITY OF VERNON's compliance filing consisting of a revised Transmission Owner Tariff, pursuant to the Commission's March 28, 2001 Order. EL00-105-004. Filed May 29, 2001. * SOUTHERN CALIFORNIA EDISON CO. filed comments regarding CITY OF VERNON's revised Transmission Owner Tariff. EL00-105-004. Filed May 29, 2001. * UTAH ASSOCIATED MUNICIPAL POWER SYSTEMS filed a request for rehearing regarding the Commission's April 27, 2001 Order accepting with modifications PACIFICORP's revised OATT with changes to energy imbalance and power loss provisions. ER01-798-003. Filed May 29, 2001. (3) MARKET COMPLAINTS (4) MERGERS/CORPORATE RESTRUCTURING * NIAGARA MOHAWK HOLDINGS and NATIONAL GRID USA filed a joint answer to AMERICAN REF-FUEL COMPANY OF NIAGARA's protest and request for a hearing regarding vertical market power and control of access to transmission lines involved with the NIAGARA MOHAWK and NATIONAL GRID merger. EC01-63-000. Filed May 30, 2001. * UPPER PENINSULA POWER CO. and AMERICAN TRANSMISSION CO. filed a request for authorization to transfer operational control and ownership of UPPER PENINSULA's transmission facilities to ATC. EC01-105-000. Filed May 25, 2001. * MIDWEST ENERGY INC. filed an application for authorization to transfer operational control of certain jurisdictional transmission facilities to the SPP RTO. EC01-106-000. Filed May 24, 2001. * KANSAS CITY POWER & LIGHT CO. filed an application for authorization to transfer operational control of certain jurisdictional transmission facilities to the SPP RTO. EC01-108-000. Filed May 25, 2001. * EMPIRE DISTRICT ELECTRIC CO. filed an application for authorization to transfer operational control of certain jurisdictional transmission facilities to the SPP RTO. EC01-109-000. Filed May 25, 2001. _________________________________________________________ Nancy Tarr Manager, Business Development EEI Alliance of Energy Suppliers 701 Pennsylvania Ave., N.W. Washington, D.C. 20004 Telephone: 202-508-5680 FAX: 202-508-5600 www.eei.org/alliance ntarr@eei.org - TEXT.htm - FERC Orders052901.pdf - Brief & Appendix No 00-568.pdf ********** Log on to Our Energy Future ( www.eei.org ) to get the facts on today's issues and learn about solutions we can all take part in.
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