FERC Filings
MOTION TO INTERVENE, REQUEST FOR MODIFICATION, OR IN THE ALTERNATIVE REHEARING, OF THE ELECTRIC POWER SUPPLY ASSOCIATION re COMMUNICATIONS WITH COMMISSION-APPROVED MARKET MONITORS
INTRODUCTION
Communications with Commission-Approved Market Monitors
Docket No. RT03-1-000
Pursuant to Rules 212, 214 and 713 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (“FERC”, “Commission,” or “Agency”), 18 C.F.R. §§ 385.212, 385.214 and 385.713, the Electric Power Supply Association (“EPSA”) hereby submits this motion to intervene and request for modifications, or in the alternative rehearing, to the extent that such modifications are not accepted, of the Commission’s January 16 Order Modifying the Application of Rule 2201 to Communications with Commission-Approved Market Monitors (the “January 16 Order”). In this pleading, EPSA urges the Commission to engage in a notice and comment rulemaking. A notice and comment rulemaking is not only procedurally necessary, but substantively will afford all interested parties the opportunity to assist the Commission in resolving any problems that the Commission believes that current ex parte rules are causing. EPSA does not dispute that the Commission must be able to receive as much timely information as possible from market monitors on the operation of energy markets. Indeed, EPSA shares the Commission’s goal of ensuring the proper and efficient operation of wholesale energy markets and recognizes the role that market monitors can play in this effort. The Commission, however, failed to follow needed procedural rules and the January 16 Order does not address urgent problems and, in fact, leaves numerous issues unresolved within a final rule. For the reasons discussed, infra, implementation of a notice and comment rulemaking is a critical step that must be undertaken prior to acceptance in a final rule of the market monitor exemption to the Commission’s ex parte rules. EPSA welcomes the opportunity to assist the Commission in this effort.