FERC Filings

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

Conclusion

The Commission and participants in the California electricity markets stand on the threshold of important proceedings designed to address structural problems in those markets and to allow the development of vigorous competition enjoyed in other regions. The primacy, fairness and efficacy of the Commission’s proceedings would be severely compromised if the CAISO Board’s unilateral imposition of new price caps is allowed to take effect on November 3, 2000. Accordingly, EPSA respectfully requests that the Commission grant the requested emergency cease and desist and standstill order prior to November 3, 2000, and shorten the time period for responses to this motion to one (1) day, or, in the alternative, order an emergency hearing on this motion.

October 30, 2000
Respectfully submitted,

_____________________________
Lynne H. Church, President
Julie Simon, Vice-President of Policy
Electric Power Supply Association
1401 H Street, N.W., Suite 760
Washington, D.C. 20005

Larry F. Eisenstat
Mark L. Perlis
Robert C. Fallon
Dickstein Shapiro Morin
& Oshinsky LLP
2101 L Street, N.W.
Washington, D.C. 20037

(8)Imposition of the load differentiated price cap would also aggravate existing price discrimination that occurs as a result of the CAISO’s willingness to pay uncapped prices for out-of-market calls, demand-side curtailments, and new capacity bid for in 2001.

(9)San Diego Gas & Electric Co., et. al., 92 FERC 61,172, 61,606, reh’g pending (“[W]hile only the ISO’s markets are directly affected by its recent action, the ISO purchase price caps currently permitted by the Commission will serve to discipline prices in both the ISO and PX.”).

(10)See ISO materials from October 4, 2000 Board meeting, at which the Board voted to direct management to prepare proposals for implementing load differentiated price caps based on four alternative proposals.