FERC Filings

Memorandum of EPSA in Support of Appeal of Order Denying Calpine Corp.'s Motion for Interlocutory Appeal on the Status of its Unaffiliated Outside Experts Under 9(b)(5) of the Protective Order

Conclusion

This matter raises significant policy implications the Commission should have the opportunity to decide. The balance between ensuring access to the confidential information necessary to participate in Commission proceedings, while otherwise preventing the disclosure of confidential information, is a difficult one that raises significant policy issues. The Commission has grappled previously with these difficult matters through the adoption of its Model Protective Order (MPO). By foreclosing Dr. Roach and his colleagues from reviewing confidential materials, the Presiding Judge makes a quick retreat from the balance the Commission has previously forged in the MPO. His decisions should be promptly reviewed by the Commission and the proceedings held in abeyance pending any further Commission determination.

Respectfully Submitted,

Julie Simon, Vice President of Policy
Nancy Bagot, Senior Manager of Policy
Electric Power Supply Association
1401 New York Avenue, NW
11th Floor
Washington, DC 20005
(202) 628-8200

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 3, 2003.

________________________
Julie Simon