FERC Filings
MOTION FOR LEAVE TO INTERVENE AND PROTEST OF THE ELECTRIC POWER SUPPLY ASSOCIATION re: CINERGY SERVICES, INC. ON BEHALF OF PSI ENERGY, INC., CINCAP MADISON, LLC AND CINCAP VII, LLC
CONCLUSION
WHEREFORE, EPSA respectfully requests that the Commission reject Cinergy’s application to transfer jurisdictional facilities. This Commission has repeatedly and correctly stated that vigorous, robust wholesale competition plainly is in the public interest. The effect of the Application here, however, would be to dramatically limit wholesale competition, and to create a precedent that easily could be followed throughout the country, to the extreme detriment of competition and retail and wholesale ratepayers everywhere. Accordingly, the Commission should require Cinergy to consider competitive alternatives, either through an RFP or other appropriate means, and to demonstrate that the transfer is in the public interest before the application is approved.
In the alternative, should the Commission decide to approve the transfer, EPSA respectfully requests that the Commission preclude Cinergy and its affiliates from making off-system sales at market-based rates, at least until such time as the Commission can assess the consequences of the material change in facts presented by the proposed transfer.
October 7, 2002
Respectfully submitted,
/S/_______________________________
Larry F. Eisenstat
Frederick D. Ochsenhirt
Dickstein Shapiro Morin & Oshinsky LLP
2101 L Street NW
Washington, DC 20037
Tel:
202-785-9700
Fax:
202-887-0689
/S/________________________________
Julie Simon, Vice President of Policy
Electric Power Supply Association
1401 New York Avenue, NW 11th Floor
Washington, D.C. 20005
Tel:
202-628-8200
Fax:
202-628-8260
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the comments by first class mail, postage prepaid, upon each person designated on the official service list compiled by the Secretary in this proceeding.
Dated at Washington, D.C., October 7, 2002.
/S/__________________
Julie Simon