FERC Filings
MOTION TO INTERVENE AND PROTEST OF THE ELECTRIC POWER SUPPLY ASSOCIATION AND THE WESTERN POWER TRADING FORUM re: STATE OF CALIFORNIA REFUND REQUESTS THROUGH ITS ATTORNEY GENERAL
INTRODUCTION
STATE OF CALIFORNIA, ex. rel. BILL LOCKYER,
Complainant,
v.
BRITISH COLUMBIA POWER EXCHANGE
CORP., CORAL POWER, LLC, DYNEGY POWER
MARKETING, INC., ENRON POWER
MARKETING, INC., MIRANT AMERICAS
ENERGY MARKETING, LP, RELIANT ENERGY
SERVICES, INC., WILLIAMS ENERGY
MARKETING & TRADING CO.,
ALL OTHER PUBLIC UTILITY SELLERS OF
ENERGY AND ANCILLARY SERVICES TO THE
CALIFORNIA ENERGY RESOURCES
SCHEDULING DIVISION OF THE CALIFORNIA
DEPARTMENT OF WATER RESOURCES, AND
ALL OTHER PUBLIC UTILITY SELLERS OF
ENERGY AND ANCILLARY SERVICES INTO
MARKETS OPERATED BY THE CALIFORNIA
POWER EXCHANGE AND CALIFORNIA
INDEPENDENT SYSTEM OPERATOR,
Defendants.
Docket No. EL02-71-000
Pursuant to Rules 212 and 214 of the Federal Energy Regulatory Commission’s (hereinafter, FERC or Commission) Rules of Practice and Procedure, 18 C.F.R. § 385.212 and 18 C.F.R. § 385.214 (2002), the Electric Power Supply Association (EPSA) and the Western Power Trading Forum (WPTF) (jointly, Joint Parties) move to intervene and protest the complaint of the State of California through its Attorney General (hereinafter, the AG or AG’s Complaint) in the above-captioned proceeding.
The AG’s Complaint is the most recent salvo from the State of California concerning events in the California wholesale market that began almost two years ago. This effort, like the recent effort by the California Public Utilities Commission and the California Electricity Oversight Board (the California Agencies) to abrogate valid binding enforceable contracts entered into by the California Department of Water Resources, reflects a fundamental misunderstanding of how the Commission regulates the competitive electric wholesale bulk market in compliance with the Federal Power Act. In addition, the AG’s Complaint is simply an attempt to relitigate matters already decided by the Commission, most recently at the Commission’s March 27th meeting in GWF Energy LLC, et. al., Order Denying Rehearing, 98 FERC 61,330 (2002) (finding the requirement to examine every long-term arrangement entered into under market-based rate authority a “pointless” exercise of no value to anyone).