FERC Filings

EPSA's Motion to Intervene and Comments in Support of Sempra Petition

Preface

Pursuant to Rule 214 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission’s (“Commission”), 18 C.F.R. § 385.214 (2005), and the Commission’s Notice of Filing issued in the above-captioned proceeding on June 24, 2005, the Electric Power Supply Association (EPSA) hereby moves to intervene in this proceeding and submits comments in support of the Expedited Petition for Declaratory Order (Petition) filed by Sempra Energy, Southern California Gas Company (SoCalGas) and San Diego Gas & Electric Company (SDG&E) (collectively, Sempra) on June 22, 2005.

In its Petition, Sempra requests that the Commission issue a declaratory order finding that preemption principles and the filed rate doctrine bar a California state court jury from deciding issues relating to wholesale electric and gas rates during the California energy crisis. The state court action is clearly inconsistent with well-established regulatory and judicial precedent regarding the Commission’s exclusive jurisdiction over wholesale electric and gas markets, and amounts to an impermissible collateral attack on FERC’s exhaustive proceedings and resultant findings from the Western energy crisis. Accordingly, EPSA strongly supports Sempra’s position and urges the Commission to grant the Petition.

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