[Federal Register Volume 68, Number 71 (Monday, April 14, 2003)]
[Notices]
[Page 17933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9096]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. PA02-2-000, EL00-95-048, EL00-98-042, and EL01-10-007]


Fact Finding Investigation of Potential Manipulation of Electric 
and Natural Gas Prices, 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; Investigation of Practices of the California 
Independent System Operator and the California Power Exchange 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 (Not Consolidated); 
Notice Regarding Public Accessibility of Data and Further Requests for 
Comments

April 7, 2003.
    On March 5, 2003, the Commission issued a notice that it intended 
to release to the public information collected in its investigation 
into manipulation of energy prices in the West, and sought, by March 
12, 2003, comments from those companies and individuals who submitted 
information during the course of the investigation. Eighteen companies 
or organizations, as well as the United States Attorney for the 
Southern District of Texas, filed comments or otherwise responded. 
Enron Corporation was not among those respondents. On March 21, 2003, 
the Commission issued an order addressing the comments and responses to 
its March 12, 2003, notice, and further announced that it would release 
the information, except as noted in the order, in no less than five 
days after issuance of the order. One exception to the release was 
personal personnel information that was raised by three of the 
commenters. In this regard, the Commission asked that companies or 
individuals provide specifics by March 24, 2003, so that such 
information could be excluded from the public release. One company 
provided such details. Thereafter, on March 26, 2003, the Commission 
released the remaining information. 102 FERC [rsqbb] 61,311.
    Subsequent to the release of the information, on March 28, 2003, 
the Commission received the first of several motions from Enron asking 
that certain parts of the released information be removed from public 
access. These motions in particular attempted to identify Enron 
employees' personal information, including social security numbers. The 
Commission also received calls on its Enforcement Hotline from Enron 
employees who were concerned about their personal information being 
available on the internet. Finally, the Commission was contacted by a 
consulting firm which had given Enron information with security 
implications, which Enron in turn had given the Commission's staff 
during the investigation. As quickly as possible, the Commission staff 
accommodated the requests involving personal and security related 
information.
    On April 4, 2003, the Commission was notified that Enron had filed 
a petition for writ of mandamus and an emergency motion to stay the 
March 21, 2003, order in the United States Court of Appeals for the 
Fifth Circuit. Enron states that it seeks only one thing: that all 
Enron e-mails posted on the Commission's Web site be removed for a 
period of 10 days, or for such longer period as the Court may deem 
appropriate, so that certain information could be removed from the e-
mails.
    The Commission hereby gives notice that it will remove temporarily, 
until April 24, 2003, Enron emails from the agency's web site. During 
that time, the Commission will consider any requests that certain 
personal information or information with security implications be 
permanently removed from public accessibility. With respect to claims 
regarding supposed trade secrets, the Commission has already considered 
and denied requests that such information should be removed.
    The Commission stresses that all comments filed in response to this 
notice must be detailed and specific, and should provide sufficient 
information that the documents can be readily located. Generalized 
comments or concerns will not be considered sufficient grounds for 
removal of information from public accessability. All comments must be 
filed by April 17, 2003.
    Comments due: April 17, 2003.

Magalie R. Salas,
Secretary.
[FR Doc. 03-9096 Filed 4-11-03; 8:45 am]
BILLING CODE 6717-01-P