[Federal Register Volume 67, Number 48 (Tuesday, March 12, 2002)]
[Notices]
[Page 11111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5721]



[[Page 11111]]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PA02-2-000]


Fact-finding Investigation of Potential Manipulation of Electric 
and Natural Gas Prices; All Jurisdictional Sellers and All Non-
jurisdictional Sellers in the West

March 5, 2002.
    On February 13, 2002, the Commission issued an order directing 
Staff to conduct a fact-finding investigation into whether any entity, 
including Enron Corporation (through its affiliates or subsidiaries), 
manipulated short-term prices in electric energy or natural gas markets 
in the West or otherwise exercised undue influence over wholesale 
prices in the West, for the period January 1, 2000, forward. In 
Ordering Paragraph (B) of the February 13, 2002, order, the Commission 
empowered the General Counsel or her designee, with respect to any 
matters relevant to that investigation, to gather information and to 
require the production of any contracts, agreements or other records, 
among other things.
    In the course of conducting this fact-finding investigation, Staff 
reviewed the wholesale sales information filed by jurisdictional 
sellers in their quarterly reports. Staff determined that the 
information contained in the reports is not useful for the fact-finding 
investigation. Moreover, the information is incomplete as to the 
markets in the West because non-jurisdictional sellers of wholesale 
energy do not file quarterly reports.
    Accordingly, pursuant to the February 13, 2002, order, I hereby 
direct all jurisdictional sellers and all non-jurisdictional sellers 
with wholesales sales in the U.S. portion of the Western Systems 
Coordinating Council (WSCC) to respond to this information request, as 
described in more detail below. The failure to respond on the part of 
any seller to which this information request applies may result in 
appropriate enforcement action, including the issuance of a subpoena. 
Any jurisdictional seller that does not have any transactions to report 
is to report that fact to the e-mail address listed below.
    All jurisdictional sellers and all non-jurisdictional sellers with 
wholesales sales in U.S. portion of the WSCC are required to report on 
a daily basis certain historical information (specified in an Excel 
spreadsheet template entitled ``Short-term Firm and Non-firm Wholesale 
Sales Transactions'') for all short-term energy transactions in the 
U.S. portion of the WSCC for calendar years 2000 and 2001. Short-term 
energy transactions are defined as those transactions for sales or 
resales with a term of one week or less. The spreadsheet template 
includes columns for quantity and price data, transactions with 
affiliated buyers, non-affiliated buyers, and by specific, identified 
delivery points.
    All jurisdictional and non-jurisdictional sellers with wholesale 
sales in the U.S. portion of the WSCC are required to report certain 
historical information for calendar years 2000 and 2001 (specified in 
an Excel spreadsheet template entitled ``Monthly Firm and Non-Firm 
Wholesale Sales Transactions'') for transactions of capacity and energy 
in the U.S. portion of the WSCC on a monthly basis. Monthly 
transactions are defined as all wholesale capacity and wholesale energy 
sales or resales that were made on a monthly, seasonal, or quarterly 
basis. The spreadsheet template includes columns for quantity and price 
data, transactions with affiliated buyers, non-affiliated buyers, and 
by specific, identified delivery points.
    All jurisdictional sellers and all non-jurisdictional sellers with 
wholesales sales in the U.S. portion in the WSCC are required to report 
certain historical and projected information (specified in an Excel 
spreadsheet template entitled ``Long Term Capacity and Energy Sales'') 
for all long-term transactions in the U.S. portion of the WSCC, the 
contracts for which were executed for delivery on or after January 1, 
2000. Long-term transactions are defined as those transactions for a 
term of one year or more. For the date on which any long-term contract 
was executed, the spreadsheet template includes columns for quantity 
and price data, term dates, transactions with affiliated buyers, non-
affiliated buyers, and by location. Respondents are also required to 
provide copies of the relevant contracts, together with all supplements 
and amendments, in electronic (scanned) format.
    Responses must be provided no later than April 2, 2002. The three 
Excel spreadsheets needed to complete this information request are 
contained in two files posted on the Commission's web page for Docket 
No. PA02-2-000 (http://www.ferc.gov/electric/bulkpower/pa02-2/pa02-2.htm). These spreadsheets are to be completed by respondents and e-
mailed to [email protected]. A response that exceeds the row limit 
for an Excel spreadsheet must be reported in CSV format. If any 
respondent seeks privileged treatment of the information pursuant to 18 
CFR 388.112 (2001), two versions of each spreadsheet should be e-
mailed. Include in the e-mail and in the title of the spreadsheet that 
the information is ``Confidential'' or ``Not Confidential.''
    A copy of this information request will be published in the Federal 
Register and published on the Commission's web page for Docket No. 
PA02-2-000 (http://www.ferc.gov/electric/bulkpower/pa02-2/pa02-2.htm). 
In addition, it also will be mailed to all the jurisdictional public 
utilities listed in the appendix to the November 20, 2001, order in 
Docket No. EL01-118-000.
    Respondents seeking assistance with this information request may 
contact Mr. William Booth at 202-208-0849 (technical) or Ms. Jo Tolley 
at 202-208-1260 (non-technical).

Donald J. Gelinas,
Associate Director, Office of Markets, Tariffs and Rates.
[FR Doc. 02-5721 Filed 3-11-02; 8:45 am]
BILLING CODE 6717-01-P