FERC Filings
EPSA's Motion for Leave to Intervene and Comments on ComEd and ExGen IAP
Comments
On October 17, the Commonwealth Edison Company (ComEd) and Exelon Generation Company, LLC (ExGen) (together, Applicants) filed a proposed Illinois Auction Proposal (IAP) with the Commission. The Applicants requested that the Commission find that the IAP satisfies the safe-harbor standard for affiliate transactions established in Edgar and Allegheny. EPSA believes that with the use of an independent “auction manager” along with close involvement by the Illinois Commerce Commission (ICC) and the ICC staff in the auction process, the IAP, as proposed by ComEd, meets that standard.
On May 25, EPSA filed comments with the ICC supporting ComEd’s proposed IAP as a just and reasonable method for the utility to satisfy its obligation to serve its electricity customers (attached). EPSA continues to believe that the IAP is an open and transparent process that will not give undue preference or discriminate in favor of ExGen. A number of EPSA members participated as stakeholders in the extensive ICC process to determine the best procedure for competitive wholesale procurement in Illinois and have commented favorably on ComEd’s proposal at the ICC. They also plan to participate in the IAP itself.
EPSA also agrees with ComEd that a swift Commission decision on this issue would be beneficial to the ICC as it reviews the possible implementation of the IAP. As noted in its filing, ComEd has asked the ICC to take action on the proposed procurement process by January 24, 2006 so that, if approved, the auction process may be properly established before the expiration of the utility’s contracts on Dec. 31, 2006. It would be informative to the ICC process to know whether the auction as proposed would satisfy the Commission’s Edgar standard and the safe-harbor designation set out in Allegheny. EPSA, therefore, urges the Commission to consider and approve the Applicants request by the December 15, 2005 date requested.