FERC Filings
EPSA's Motion to Intervene Out of Time on the Perryville Energy Partners LLC (PEP) and Entergy Services Inc., on the behalf of Entergy Louisiana Inc. (ELI), Declaratory Order
MOTION TO INTERVENE OUT OF TIME
EPSA is the national trade association representing competitive power suppliers, including generators and marketers. These suppliers, who account for nearly 40 percent of the installed generating capacity in the United States, provide reliable and competitively priced electricity from environmentally responsible facilities serving global power markets. EPSA seeks to bring the benefits of competition to all power customers.
On July 12, the Perryville Energy Partners LLC (PEP) and Entergy Services Inc., on the behalf of Entergy Louisiana Inc. (ELI), filed a petition with the Commission seeking a Declaratory Order that the Commission disclaim its jurisdiction over PEP’s sale of the Perryville generation facility in Ouachita Parish, Louisiana to ELI under Section 201 of the Federal Power Act (FPA). The petitioners contend that the sale concerns the generation facilities solely and does not include any interconnection facilities, power sales agreements, or any Commission jurisdictional books and records. Therefore, PEP and ELI assert that the Commission disclaiming jurisdiction would be consistent with the FPA, court precedent and Commission decisions.
EPSA’s members are active participants in Entergy’s control area. EPSA and its members remain concerned about Entergy market power and the process by which it acquires resources to meet load. The Commission has recently decided cases involving the acquisition of generating units with market-based rate authority by utilities that are adding such units to their ratebase. EPSA has been a party to these cases due to their impact on competition. Therefore any acquisition of generating facilities by Entergy in its footprint is of interest to EPSA and its members. Accordingly, EPSA has a direct and substantial interest in the outcome of this proceeding that cannot be adequately represented by any other party.
EPSA is filing this intervention out of time. EPSA submits that good cause exists for the late intervention. The slight delay in filing this intervention results from the time required to complete this intervention while otherwise reviewing the extensive orders from the Commission’s last meeting in July. EPSA will accept the record in this proceeding as it stands. Given the early stage of this proceeding, its intervention out of time will not delay this proceeding nor prejudice any other party. Accordingly, it intervention out of time should be granted.