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
BACKGROUND
The AG Complaint begins by stating that the market-based rate schedules filed by the Defendants only state that the rates will be established “by agreement” between buyers and sellers. The Attorney General states that there is no rate “formula” or “rate rule” that satisfies the statutory obligation to ensure that all rates are on file. In his view, this approach does not provide the requisite notice to the public of the rates to be charged in the market. It also does not permit FERC to determine, in advance, whether the rates to be charged in the market, under the market-based rate authority previously granted, are “just and reasonable.” The Attorney General asserts this is contrary to the requirements of Section 205(c) of the Federal Power Act. Moreover, the Attorney General asserts that the quarterly transaction reports filed by Defendants do not cure the statutory failure to file all rates for jurisdictional service prior to the time that service commences. In any event, according to the Attorney General, the California market participants have not complied with the requirements of the quarterly transaction reports.
To remedy these alleged violations of the Federal Power Act, the AG Complaint urges the Commission to (1) require the Defendants to comply, on a prospective basis, with the Section 205 rate-filing requirements; (2) to the extent not already provided in Docket No. PA02-2, require the Defendants to provide transaction-specific information to FERC on all of their short-term sales to the ISO, PX or the California Emergency Resource Schedule (“CERS”) for calendar years 2000 and 2001; (3) to the extent that any rates for short-term power sold to the ISO, PX or CERS during this period are found to exceed just and reasonable levels, require the Defendants to refund the difference between the rate charged and a just and reasonable rate, plus interest; (4) issue a declaration that the rates for short term power sold to the ISO, PX and CERS are not subject to the filed rate doctrine and (5) institute proceedings to determine whether any other further relief is necessary or appropriate, up to and including revocation of market-based rate authority.