FERC Filings

Motion of EPSA for Leave to Intervene and Protest on Detroit Edison Co.'s Request of Purchases of Power from DTE East China and DTE River Rouge No. 1

PREFACE

UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION

Detroit Edison Company, ) Docket No. ER04-948-000
DTE East China, LLC and )
DTE River Rouge No. 1, LLC )

MOTION FOR LEAVE TO INTERVENE AND PROTEST
OF THE ELECTRIC POWER SUPPLY ASSOCIATION

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. §§ 385.212 and 385.214, the Electric Power Supply Association (EPSA) hereby moves to intervene and protest in the above-captioned proceeding. On June 22, the Detroit Edison Company (“Detroit Edison" or “DTE” ), DTE East China, LLC ("East China") and DTE River Rouge No. 1, LLC ("Rouge 1") (collectively, "Applicants") submitted an application requesting the Commission’s authorization for Detroit Edison to engage in limited, short-term purchases of power from East China and Rouge 1 as may be necessary to ensure reliable electric service to DTE’s retail native load during the current summer season from June 23, 2004 through September 17, 2004 ("Summer Reliability Sales"). DTE claims that it intends to purchase power from East China and Rouge 1, its wholly-owned subsidiaries, “during periods in which Detroit Edison could not meet its forecast power needs from sources already under contract to it and additional supplies were either not available or were only available at a cost that was more than the cost from East China or Rouge 1.” As explained below, the threats posed to emerging markets by such affiliate purchases, the absence of a meaningful competitive solicitation processes, and DTE’s repeatedly deficient planning efforts, warrant the Commission’s careful scrutiny of the Application, and the imposition of measures to ensure that the utility avoids being in this predicament again.