RE: Chairman Barton's Draft

I think it's a fair statement that Enron doesn't currently support the Bart=
on language. On this issue, I would argue that any penalty imposed should =
remain the purview of FERC and its procedures.

Jim

-----Original Message-----
From: =09Perrino, Dave =20
Sent:=09Tuesday, October 09, 2001 11:13 PM
To:=09Nicolay, Christi L.; Shelk, John; Steffes, James D.; Novosel, Sarah
Subject:=09RE: Chairman Barton's Draft

Christi,

No, my concern was more of an organization like "NERC" imposing financial p=
enalties on a grid user. I thought our postion was that an RTO through its=
tariff rules or FERC could impose any penalties, but not a reliability org=
anization.=20

Thanks,

Dave

-----Original Message-----
From: =09Nicolay, Christi L. =20
Sent:=09Tuesday, October 09, 2001 12:48 PM
To:=09Shelk, John; Perrino, Dave; Steffes, James D.; Novosel, Sarah
Subject:=09FW: Chairman Barton's Draft

I do have a concern from the standpoint that users are ultimately at the sc=
heduling mercy of the operator. The operator can cut our schedule. Perhap=
s this is referencing something like reserves, where a user/load serving en=
tity may have gone under the reserves and it gets some penalty?

-----Original Message-----
From: =09Perrino, Dave =20
Sent:=09Monday, October 08, 2001 3:42 PM
To:=09Nicolay, Christi L.
Subject:=09RE: Chairman Barton's Draft

Christi,

Does=20

"Section 216(e)(1) authorizes an electric reliability organization to impos=
e a penalty on the user or owner or operator of the bulk power system if it=
finds, after notice and an opportunity for a hearing, that the user or own=
er or operator violated a reliability standard. Section 216(e)(2) provides=
for notice to FERC of penalties imposed by an electric reliability organiz=
ation, and authorizes FERC to affirm, set aside or modify any penalty impos=
ed by an electric reliability organization. Section 216(e)(3) authorizes F=
ERC to assign enforcement of reliability standards to regional transmission=
organizations. Section 216(e)(4) authorizes FERC to enforce reliability s=
tandards and impose penalties on user or owner or operator of the bulk powe=
r system if FERC finds, after notice and opportunity for a hearing, that th=
e user or owner or operator has violated or threatens to violate a reliabil=
ity standard and this action affects or threatens to affect reliability of =
the bulk power system. Section 216(e)(5) authorizes FERC to take such acti=
on as is necessary or appropriate against an electric reliability organizat=
ion"=20

Give us heartburn?=20

Just wondering,

Dave

-----Original Message-----
From: =09Nicolay, Christi L. =20
Sent:=09Wednesday, September 26, 2001 12:43 PM
To:=09Lindberg, Susan; Comnes, Alan; Perrino, Dave; Walton, Steve
Cc:=09Shelk, John; Steffes, James D.; Hueter, Barbara A.; Guerrero, Janel; =
Novosel, Sarah
Subject:=09FW: Chairman Barton's Draft

Susan --Can you check with Ben Jacoby and Fletcher Sturm on the TVA parts a=
nd with Rogers Herndon on the retail consumer aggregation parts.
West guys--BPA is discussed in this.

-----Original Message-----
From: =09Shelk, John =20
Sent:=09Wednesday, September 26, 2001 12:37 PM
To:=09Nicolay, Christi L.; Lindberg, Susan
Subject:=09Chairman Barton's Draft

Attached are: (1) highlights summary; (2) section-by-section summary; and (=
3) almost 150 pages of leg text (PDF doc) on Chairman Barton's draft electr=
icity restructuring bill. The RTO and bundled/unbundled sections will be p=
rovided "soon" (they day) (I am meeting with Mr. Barton's staff in a half h=
our), but there are "voluntary RTO" provisions in the incentive pricing sec=
tion since they lifted that language from Burr-Sawyer legislation. Mr. Bar=
ton has publicly said his addedum will mandate RTO participation at some po=
int; I should know more after the meeting. The draft below addresses a var=
iety of issues, including TVA, BPA, etc., among others, that we also care a=
bout. There is a retail consumer aggregation feature toward the end. If y=
ou could look at the summary and section-by-section and let me know particu=
lar areas of interest/concern for further review that would be helpful. Ba=
rton is taking comments through this week and next week.

<< File: BartonDraftHighlights092101.doc << << File: BartonDraftSecBySec0=
92101.doc << << File: discussion draft september 21.PDF <<