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EMERGENCY MOTION OF THE ELECTRIC POWER SUPPLY ASSOCIATION FOR AN IMMEDIATE CEASE AND DESIST ORDER

PREFACE

The Electric Power Supply Association (“EPSA”) hereby files, pursuant to Rule 212 of the Commission Rules of Practice and Procedure, 18 C.F.R. § 385.212, this emergency motion for an immediate issuance of a cease and desist order that would bar the Board of the California Independent System Operator Corporation (“CAISO”) from unilaterally implementing any changes in its price caps. EPSA respectfully requests that the Commission protect the primacy of the expedited process announced in its October 19, 2000 Order, by issuing immediately the following cease and desist order against the CAISO Board:

 The CAISO Board should cease and desist from implementing the load differentiated price cap it adopted on October 26, 2000.

 The CAISO Board should “stand still” and not modify its price cap in effect immediately prior to the Board’s action on October 26, 2000.

 The Commission should state explicitly that the CAISO does not have authority to impose or to extend price (or bid) caps, unless expressly authorized by the Commission. The CAISO’s existing Commission-authorized price cap authority expires on November 15, 2000.

 The Commission should consider any application for extension of the CAISO Tariff’s price cap authority beyond November 15, 2000, as part of its consolidated proceedings conducted pursuant to the October 19th Order.
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EPSA is the national trade association representing competitive power suppliers, including independent power producers, merchant generators and power marketers. EPSA members generate reliable, competitively priced electricity from environmentally-responsible facilities in U.S. and global power markets. EPSA seeks to bring the benefits of competition to all power customers. The comments contained in this filing represent the position of EPSA as an organization, but not necessarily the view of any particular member with respect to any issue.

Order Announcing Expedited Procedures for Addressing California Market Issues, 93 FERC 61,051 (Docket Nos. EL00-95-000 and EL00-98-000, Oct. 19, 2000) (“October 19th Order”).</sup>