[Federal Register Volume 68, Number 48 (Wednesday, March 12, 2003)]
[Notices]
[Pages 11821-11822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5802]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. PA02-2-000, EL00-95-000, EL00-98-000, and EL00-10-000 (Not 
Consolidated)]


Fact Finding Investigation of Potential Manipulation of Electric 
and Natural Gas Prices; Notice of Intent to Release Information and 
Opportunity to Comment

March 5, 2003.

San Diego Gas & Electric Company, Complainant, v. Sellers of Energy and 
Ancillary Services Into Markets Operated by the California Independent 
System Operator and the California Power Exchange, Respondents

[Docket No. EL00-95-000]

Investigation of Practices of the California Independent System 
Operator and the California Power Exchange

[Docket No. EL00-98-000]

Puget Sound Energy, Inc., et al., Complainant, v. All Jurisdictional 
Sellers of Energy and/or Capacity at Wholesale into Electric Energy 
and/or Capacity Markets in the Pacific Northwest, Including Parties to 
the Western Systems Power Pool Agreement, Respondent

[Docket No. EL01-10-000 (Not Consolidated)]

    On February 13, 2002, in Docket No. PA02-2-000, the Commission 
issued an order directing Staff to conduct an investigation to 
determine whether any entity manipulated short-term prices for electric 
energy or natural gas in the West, or otherwise exercised undue 
influence over wholesale electric prices in the West.\1\ In the course 
of this investigation, Staff collected data and conducted discovery 
concerning the functioning of energy markets in the Western United 
States during 2000 and 2001. On August 13, 2002, Staff issued its 
Initial Report on Company-Specific Separate Proceedings and Generic 
Reevaluations; Published Natural Gas Price Data; and Enron Trading 
Strategies, as part of that investigation.
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    \1\ Fact-Finding Investigation into Possible Manipulation of 
Electric and Natural Gas Prices, 98 FERC [rsqbb] 61,165 (2002).
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    On November 20, 2002, the Commission issued an order in Docket Nos. 
EL00-95-048 and EL00-98-042 that allowed the parties in that proceeding 
to conduct additional discovery into market manipulation by various 
sellers during the western power crisis of 2000 and 2001, and specified 
procedures for adducing this information (Discovery Order).\2\ The 
Discovery Order also required that no later than February 28, 2003, the 
parties submit directly to the Commission additional evidence and 
propose new or modified findings of fact with specific citations to the 
record to support any proposed substantive recommendations.\3\ On 
February 10, 2003, the Commission issued an order affording the parties 
the opportunity to respond to submissions made by adverse parties 
(Rehearing Order).\4\ The Rehearing Order allowed parties until March 
17, 2003, to file reply comments directly with the Commission.\5\
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    \2\ San Diego Gas & Elec. Co. v. Sellers of Energy and Ancillary 
Serv., et al., 101 FERC [rsqbb] 61,186 (2002).
    \3\ By Order dated February 24, 2003, the Commission extended 
the February 28, 2003 deadline to March 3, 2003. See San Diego Gas & 
Elec. Co. v. Sellers of Energy and Ancillary Serv., et al., 101 FERC 
[rsqbb] 61,194 (2002) (February 24 Order).
    \4\ San Diego Gas & Elec. Co. v. Sellers of Energy and Ancillary 
Serv., et al., 102 FERC [rsqbb] 61,164 (2002).
    \5\ The February 24 Order extended the March 17, 2003 deadline 
to March 20, 2003.
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    Take notice that pursuant to the Commission's regulations, 18 CFR 
388.112(d) (2002), the Commission intends to release all documents 
submitted in Docket No. PA02-2-000, except documents obtained from 
other Federal agencies in accord with the Federal Records Act, 44 
U.S.C. 3510(b), and all documents submitted in response to the 
Discovery Order and Rehearing Order. Any submitter of information with 
a confidentiality interest in these documents may submit comments on 
the release of these documents. Written comments are due within seven 
days from the date of this notice, and should clearly explain any 
opposition to the release of these documents, or portions thereof, and 
the rationale for that position. The Commission will not be persuaded 
by conclusory statements as to why the information deserves protection. 
The Commission recognizes that reply comments filed in Docket Nos. 
EL00-

[[Page 11822]]

95-000 and EL00-98-000 will be filed after comments regarding the 
release of information. Therefore, submitters of reply comments should 
consider the Commission's intention to release all documents and 
provide comments regarding release of information that is to be 
submitted in reply comments, to the extent practicable, at the same 
time they provide comments on the release of documents already 
submitted.
    Any person desiring to be heard should file comments with the 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426. Comments will be considered by the Commission in 
determining the appropriate action to be taken. This notice is 
available for review at the Commission in the Public Reference Room or 
may be viewed on the Commission's Web site at http://www.ferc.gov using 
the ``FERRIS'' link. Enter the docket number excluding the last three 
digits in the docket number field to access the document. For 
assistance, please contact FERC Online Support at 
[email protected] or toll-free at (866) 208-3676, or TTY, 
contact (202) 502-8659. The Commission strongly encourages electronic 
filings. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the 
Commission's Web site under the ``e-Filing'' link.
    Comment Date: March 12, 2003.

Magalie R. Salas,
Secretary.
[FR Doc. 03-5802 Filed 3-11-03; 8:45 am]
BILLING CODE 6717-01-P