FERC Filings
MOTION OF EPSA FOR LEAVE TO INTERVENE, PROTEST AND CONSOLIDATE RELATED PROCEEDINGS FOR HEARING re: ENTERGY SERVICES, INC., EWO MARKETING, LP, ENTERGY POWER, INC.
INTRODUCTION
Entergy Services, Inc.
Docket No. ER03-744-000
and
Entergy Services, Inc.
EWO Marketing, LP
Entergy Power, Inc.
Docket Nos. ER03-681-000
ER03-682-000
ER03-583-000
(Not Consolidated)
Pursuant to Rules 212 and 214 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (FERC or Commission), 18 C.F.R. §§ 212 and 214, the Electric Power Supply Association (EPSA) hereby moves for leave to intervene and protest in Docket No. ER03-744-000, and requests consolidation for consideration and hearing of the four above-captioned applications by Entergy Services, Inc. (ESI). All four proceedings involve the transfer, via life-of-unit (LOU) or long-term purchases, of energy and capacity among Entergy Corporation (Entergy) jurisdictional affiliates. EPSA has previously intervened in and protested Docket No. ER03-583-000 (February 28 Application) on March 24, 2003, and Docket Nos. ER03-681-000 and ER03-682-000 (March 31 Applications) on April 21, 2003.
In Docket No. ER03-744-000 (April 14 Application), ESI has submitted an Application for approval of two additional life-of-unit power purchase agreements (PPAs). ESI files the application “on behalf of the Entergy Operating Companies” between Entergy Louisiana, Inc. (ELI) as purchaser and two other Entergy Operating Companies, Entergy Arkansas, Inc. (EAI) and Entergy Gulf States, Inc. (EGSI), as sellers. The PPAs are structured as follows:
(1) ELI and EGSI for 200 MW from EGSI’s thirty percent interest in the River Bend Nuclear Station at St. Francisville, LA, with sales to begin on June 16, 2003 for an initial term through September 30, 2003, followed by a life-of-unit term (the ELI-EGSI PPA);
(2) ELI and EAI for 110 MW from EAI’s solid fuel units (“base load capacity sale”), with sales to begin on June 16, 2003 for an initial term through September 30, 2003, followed by a life-of-unit term (the ELI-EAI PPA; collectively referred to as the ELI PPAs).
Both agreements have been entered into between two Entergy jurisdictional affiliates. Entergy requests approval for the PPAs, stating that the agreements meet the Commission’s standards for sales between affiliates because they were “executed at price terms that are comparable with those for contemporaneous life-of-unit services bid response to a request for proposals for supply side resources that ESI issued on behalf of the Operating Companies in the Fall of 2002 (Fall 2002 RFP).” Due to numerous concerns enumerated below and in previous EPSA filings before FERC, EPSA opposes Commission approval of the instant Applications as submitted and urges the Commission to consolidate and set for hearing all four PPA proceedings.