[Federal Register Volume 66, Number 220 (Wednesday, November 14, 2001)]
[Notices]
[Page 57053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28465]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL02-15-000]


California Independent System Operator Corporation, California 
Electricity Oversight Board, Public Utilities Commission of the State 
of California, Pacific Gas and Electric Company, San Diego Gas & 
Electric Company, and Southern California Edison Company, Complainants, 
v. Cabrillo Power I LLC, Cabrillo Power II LLC, Duke Energy South Bay, 
LLC, Geysers Power Company, LLC, and Williams Energy Marketing and 
Trading Company, Respondents; Notice of Complaint

November 7, 2001.
    Take notice that on November 2, 2001, the California Independent 
System Operator Corporation (the ISO), the California Electricity 
Oversight Board, the Public Utilities Commission of the State of 
California, Pacific Gas and Electric Company, San Diego Gas & Electric 
Company, and Southern California Edison Company submitted a complaint 
pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824e, 
against Cabrillo Power I LLC, Cabrillo Power II LLC, Duke Energy South 
Bay, LLC, Geysers Power Company, LLC, and Williams Energy Marketing and 
Trading Company alleging that certain rates, referred to as the Fixed 
Option Payments, in the respective reliability must run (RMR) contracts 
between the ISO and respondents are unjust and unreasonable.
    Complainants allege that the currently effective Fixed Option 
Payments were set by a series of settlements in 1999 and 2000, that 
covered all RMR units except those owned by Mirant Energy Delta, LLC 
and Mirant Energy Potrero, LLC. In an initial decision in Docket No. 
ER98-495-000, issued June 7, 2000, the complainants allege, the 
Presiding Administrative Law Judge adopted the ``net incremental cost'' 
method for calculating the Fixed Option Payment. Claimants assert that 
the same method, applied to the respondents' RMR units, would yield 
Fixed Option Payments lower than those currently in effect. 
Complainants ask that the Commission institute an investigation, set a 
refund date of January 1, 2002, and defer further action pending its 
decision on exceptions in Docket No. ER98-495-000.
    Copies of the complaint were served on respondents and on other 
interested parties.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426, in 
accordance with rules 211 and 214 of the Commission's rules of practice 
and procedure (18 CFR 385.211 and 385.214). All such motions or 
protests must be filed on or before November 23, 2001. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a motion to 
intervene. Answers to the complaint shall also be due on or before 
November 23, 2001. Copies of this filing are on file with the 
Commission and are available for public inspection. This filing may 
also be viewed on the web at http://www.ferc.gov using the ``RIMS'' 
link, select ``Docket#'' and follow the instructions (call 202-208-2222 
for assistance). Comments, protests and interventions may be filed 
electronically via the Internet in lieu of paper. See, 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's web site 
under the ``e-Filing'' link.

Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 01-28465 Filed 11-13-01; 8:45 am]
BILLING CODE 6717-01-P