[Federal Register Volume 66, Number 224 (Tuesday, November 20, 2001)]
[Notices]
[Pages 58134-58135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28948]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL02-20-000]


California Independent System OperatorCorporation, California 
ElectricityOversight Board, Public Utilities Commission of the State of 
CaliforniaComplainants, v. Pacific Gas and Electric Company, 
Respondent; Notice of Complaint

November 14, 2001.
    Take notice that on November 13, 2001, the California Independent 
System Operator Corporation (the ISO), the California Electricity 
Oversight Board, and the Public Utilities Commission of the State of 
California submitted a complaint pursuant to section 206 of the Federal 
Power Act, 16 U.S.C. 824e, against Pacific Gas and Electric Company 
(PG&E) alleging that certain rates, referred to as the Fixed Option 
Payments, payable by the ISO under certain reliability must run (RMR) 
contracts between the ISO and respondent 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 most RMR units, including those owned by PG&E. Complainants, 
along with the major California investor-owned utilities, including 
PG&E, sought to lower the cost of the Fixed Option Payment in Docket 
Nos. ER98-495-000, et al. In an initial decision in that proceeding, 
issued June 7, 2000, 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 affect. Complainants ask that the Commission 
institute an investigation, set a refund date of January 12, 2001, and 
defer further action pending its decision on exceptions in Docket Nos. 
ER98-495-000, et al.
    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 December 3, 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 
December 3, 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

[[Page 58135]]

instructions on the Commission's web site under the ``e-Filing'' link.

David P. Boergers,
Secretary.
[FR Doc. 01-28948 Filed 11-19-01; 8:45 am]
BILLING CODE 6717-01-P