FERC Filings
MOTION TO INTERVENE OUT OF TIME AND REQUEST FOR REHEARING OF THE ELECTRIC POWER SUPPLY ASSOCIATION re: TENNESSEE GAS PIPELINE COMPANY
MOTION TO INTERVENE OUT OF TIME
This proceeding involves Tennessee Gas Pipeline Company’s (Tennessee or Pipeline) August 16, 2002, NGA Section 4 gas tariff filing. That filing proposes significant changes to the Pipeline’s tariff provisions governing creditworthiness requirements.
EPSA is the national trade association representing competitive power suppliers, including independent power producers, merchant generators and power marketers. These suppliers, who account for more than a third of the nation’s installed generating capacity, provide reliable and competitively priced electricity from environmentally responsible facilities serving global markets. EPSA notes that approximately 61 gigawatts (GW) of the 68 GWs added to the U.S. electric grid from 1997-2000 rely on natural gas as the primary fuel. As a result, EPSA members constitute a large pipeline customer segment that has an interest in the efficient operation of the natural gas transportation grid, and therefore has a direct interest in the results of this proceeding. In addition, this proceeding has the potential to create a precedent for other pipelines on which EPSA members currently transact business. Consequently, EPSA is an interested party within the meaning of NGA Section 15(a), and its intervention and participation will be in the public interest. EPSA is not now, nor will it be, adequately represented by any other party in this proceeding, and may be adversely affected by the Commission’s actions herein.
Good cause exists to permit late intervention by EPSA. Until the Commission’s September 13 Order, EPSA had no reason to believe that the Commission would begin taking steps in developing a generic standard on creditworthiness and credit requirements in this proceeding. Nor could EPSA have anticipated the Commission’s direction taken in this proceeding by initially relying on the North American Energy Standards Board (NAESB) in developing a generic standard on creditworthiness and credit requirements. Since EPSA’s members have a direct interest in the development of such standards, it became apparent to EPSA that its involvement at this juncture was crucial so that the electric power industry’s interests are represented.
The foregoing facts demonstrate good cause exists for the Commission to accept EPSA’s Motion to Intervene Out of Time. No party would be prejudiced by the Commission’s acceptance of EPSA’s pleading nor would acceptance of EPSA’s Motion to Intervene disrupt the proceeding. Indeed, the record would benefit from the inclusion of EPSA’s intervention and Request for Rehearing. Accordingly, EPSA respectfully requests that the Commission grant its Motion for Leave to Intervene Out of Time in the above-captioned proceeding.