[Federal Register Volume 67, Number 59 (Wednesday, March 27, 2002)]
[Notices]
[Page 14707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7307]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL02-71-000]


State of California, ex. rel. Bill Lockyer, Complainant, v. 
British Columbia Power Exchange Corp., Coral Power, LLC, Dynegy Power 
Marketing, Inc., Enron Power Marketing, Inc., Mirant Americas Energy 
Marketing, LP, Reliant Energy Services, Inc., Williams Energy Marketing 
& Trading Co., All Other Public Utility Sellers of Energy and Ancillary 
Services to the California Energy Resources Scheduling Division of the 
California Department of Water Resources, and All Other Public Utility 
Sellers of Energy and Ancillary Services into Markets Operated by the 
California Power Exchange and California Independent System Operator, 
Respondents; Notice of Complaint

March 21, 2002
    Take notice that on March 20, 2002, The State Of California, ex 
rel. Bill Lockyer, Attorney General of the State of California 
(Attorney General), submitted a Complaint alleging that sellers of 
energy and ancillary services to the California Power Exchange (PX), 
the California Independent System Operator (ISO), and the California 
Energy Resources Scheduling Division of the California Department of 
Resources (CERS) have violated Section 205(c) of the Federal Power Act 
(16 U.S.C. Section 824d(c)) and an express condition of their grants of 
market-based rate authority by failing to file their rates in the 
manner required by law. The Complaint alleges that Respondents' pro 
forma market-based rate schedules fail to provide FERC an adequate 
opportunity to determine in advance whether their rates are just and 
reasonable, and fail to provide the public with adequate notice of the 
rates to be charged. The Complaint further alleges that the 
Respondents' quarterly transaction reports, filed by up to four months 
after the completion of a market-based transaction, do not cure the 
statutory failure to file all rates prior to the time service 
commences. The Complaint further alleges that, even if quarterly, 
after-the-fact reporting of rates were found to comply with Section 
205, sellers have failed to report transaction-specific information on 
their sales to the ISO, PX, and CERS, as required by FERC, negating any 
claim that their rates are on file. The Complaint seeks an order 
requiring sellers to: comply with the Section 205 rate filing 
requirement on a prospective basis; provide transaction-specific 
information to FERC on all sales to the ISO, PX, and CERS in calendar 
years 2000-2001; and, to the extent any rates charged are found to 
exceed just and reasonable levels, refund the difference between the 
rates charged and a just and reasonable rate, plus interest.
    Copies of the Complaint were served via e-mail on all parties to 
Docket Nos. EL00-95-000 et al. A copy of the Complaint is available on 
the web site of the California Department of Justice 
(www.caag.state.ca.us).
    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 April 9, 2002. 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 
April 9, 2002. 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, interventions and answers 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.,
Deputy Secretary.
[FR Doc. 02-7307 Filed 3-26-02; 8:45 am]
BILLING CODE 6717-01-P