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REQUEST OF THE ELECTRIC POWER SUPPLY ASSOCIATION FOR INTERVENTION, CLARIFICATION AND REHEARING OF THE COMMISSION’S NOVEMBER 20, 2001 ORDER ESTABLISHING REFUND EFFECTIVE DATE AND PROPOSING TO IMPOSE CONDITIONS ON MARKET-BASED RATE TARIFFS AND AUTHORIZATION

REQUEST FOR INTERVENTION

As written, the Commission proposes to condition all public utility sellers’ market-based rate authority on the following:

As a condition of obtaining and retaining market-based rate authority, the seller is prohibited from engaging in anticompetitive behavior or the exercise of market power. The seller’s market-based rate authority is subject to refunds or other remedies as may be appropriate to address any anticompetitive behavior or exercise of market power.

EPSA members presently operate with market-based rate authorizations in markets across the nation. EPSA is interested in protecting the rights of these power suppliers to operate with both regulatory and legal certainty, so as to provide the most efficient services to customers in these markets and continue the development of a competitive bulk power market. Accordingly, EPSA has a direct and substantial interest in the outcome of the instant proceedings, which cannot adequately be represented by any other party.
All pleadings, correspondence and other communications concerning the docket should be directed to:

Erin Perrigo, Manager of Policy

Electric Power Supply Association

1401 New York Ave., N.W., 11th Floor

Washington, D.C. 20005

Tel:
202-628-8200

Fax:
202-628-8260