[Federal Register Volume 69, Number 11 (Friday, January 16, 2004)]
[Notices]
[Pages 2591-2592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-76]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[ Docket Nos. PL02-8-000, ER96-2495-016, ER97-4143-004, ER97-1238-011, 
ER98-2075-010, ER98-542-006 (Not Consolidated), ER91-569-018, and ER97-
4166-010]


Before Commissioners: Conference on Supply Margin Assessment, AEP 
Power Marketing, Inc., AEP Service, Corporation, CSW Power Marketing, 
Inc., CSW Energy Services, Inc., Central and South West Services, Inc., 
Entergy Services, Inc., Southern Company Energy Marketing L.P.; 
Supplemental Notice of Technical Conference on Supply Margin Assessment 
Screen and Alternatives

January 9, 2004.
    The December 19, 2003, Notice of Technical Conference in this 
proceeding indicated that a technical conference will be held on 
January 13-14, 2004 from 9:30 a.m. to 4 p.m. in the Commission Meeting 
Room of the Federal Energy Regulatory Commission, 888 First Street, 
NE., Washington, DC. The agenda for the technical conference is set 
forth in the Attachment to this notice.
    The December 19, 2003, Notice of Technical Conference indicated 
that transcripts of the proceeding will be available for the public on 
the Commission's e-Library two weeks after the conference. Please note, 
however, that the transcripts will be available one week after the 
conference. In addition, Capitol Connection offers the opportunity for 
remote listening as well as viewing of the conference for a fee. 
Persons interested in this service should contact David Reininger or 
Julia Morelli at the Capitol Connection (703-993-3100) as soon as 
possible or visit the Capitol Connection Web site at http://www.capitolconnection.gmu.edu and click on ``FERC.''

Magalie R. Salas,
Secretary.

Supply Margin Assessment Technical Conference Agenda

January 13, 2004--Morning Session

    9:30 a.m.-12 p.m.--Panel 1: Discussion on Defining the Relevant 
Geographic Markets, Including Transmission Considerations.
    Opening comments and introduction by staff.
    Presentations and reactions by panelists: Joe Pace, Director, LECG, 
LLC; John Apperson, Director of Trading, PacifiCorp; Jesse Tilton, CEO 
of ElectriCities of NC; Ricky Biddle, Vice President of Planning, Rates 
and Dispatching, Arkansas Electric Cooperative; Ron McNamara, Vice 
President of Regulatory Affairs and Chief Economist, MISO; Steven 
Corneli, Director of Regulatory Affairs, NRG Energy, Inc.
    Open microphone.
    This session will include a discussion of how transmission should 
be accounted for in the context of the interim generation dominance 
analysis and statutory deadlines. Transmission affects which generators 
are in the market, and how they should be accounted for in a screen. 
There is some overlap between this session and the afternoon session.
    Specific topics to be discussed in this session include the 
following:
    Should the relevant geographic market be defined as the control 
area? More broadly? More narrowly? Where can reliable data be found for 
markets that are not defined using control areas?
    How to account for load pockets inside and outside of RTOs/ISOs;
    How to account for transmission limitations;
    --TTC, ATC, Historical;
    --What is the public source of the information used;
    How to account for competing supplies;
    How much transmission capacity should be included in the analysis 
where transmission providers (whose control over transmission has not 
been transferred to an RTO or ISO) calculate the capacity and also 
participate in generation markets?
    Where transmission or other operating constraints exist within a 
control area (such that some generators are not able to run to their 
maximum rated capacity), what percent of these generators' capacity 
should be included as participating in the market?
    12 p.m.-1 p.m.--Lunch.

January 13, 2004--Afternoon Session

    1 p.m.-4 p.m.--Panel 2: Discussion of the Appropriate Interim 
Generation Dominance Screen.
    Opening comments and introduction by staff.
    Presentations and reactions by panelists: Bill Marshall, Vice 
President of Fleet Operations and Trading, Southern Company; Steve 
Henderson, Vice President, Charles River Associates; Michael 
Wroblewski, Assistant General Counsel for Policy Studies, Federal Trade 
Commission; Bob Stibolt, Senior Vice President of Risk Management, 
Tractebel Corporation; Gary Ackerman, Executive Director, Western Power 
Trading Forum; Denise Goulet, Senior Assistant Consumer Advocate, 
Pennsylvania Office of the Consumer Advocate.
    Open microphone.
    This session will include a discussion of staff's proposed interim 
generation dominance screens and alternative proposals offered by 
others.
    Specific topics to be discussed in this session include the 
following:
    Which approach is preferable for the interim screen: pivotal 
supplier? market share? other?
    --Should the analysis be applied on a monthly or annual basis;
    --Whether and how to capture generators' ability to withhold on 
non-peak days or over a sustained period of time;
    How to determine capacity (installed and/or uncommitted);
    How to determine ``opportunity'' demand under the Wholesale Market 
Share screen;
    Whether and under what circumstances to adopt an ISO/RTO exemption.

January 14, 2004--Morning Session

    9:30 a.m.-12 p.m.--Panel 3: Discussion of the Appropriate 
Mitigation Measures for Those That Fail the Applicable Screen.
    Opening comments and introduction by staff.
    Presentations and reactions by panelists: Bill Hieronymus, Vice 
President, Charles River Associates; Bill Dudley, Assistant General 
Counsel of Xcel Energy Services Inc.; Pat Alexander, Energy Industry 
Advisor, Dickstein Shapiro Morin & Oshinsky; Don Sipe, Counsel with 
Preti Flaherty; Robert O'Neil, General Counsel, Golden Spread Electric 
Cooperative; Craig Roach, Partner, Boston Pacific Company.
    Open microphone.
    This session will include a discussion of staff's Proposed Price 
Mitigation Measures (Cost-Based Rates and Single Market Clearing Price) 
as well as alternatives proposed by others. Specific topics to be 
discussed in this session include the following: Which approach is 
preferable (cost-based rate, single market clearing price, or other), 
and to what products should the price mitigation apply;
    Over what time period should price mitigation be applied (monthly, 
seasonally, daily);

[[Page 2592]]

    Posting of Incremental/Decremental costs;
    Other mitigation proposals (different from staff's proposals);
    Revocation of market-based rate authority or use of formula rates;
    Whether utilities that fail the interim generation dominance screen 
should be allowed to propose their own remedy;
    The extent to which control of transmission may create 
opportunities for affiliate abuse or convey market power to those that 
own generation in the same market (and if so, should such entities be 
required to hand over control of transmission system to a third party);
    Is mitigation only needed in the short term, or should it also 
apply in the long term (e.g., long-term contract mitigation);
    Adopting a formula that sets a generic area-wide rate cap (e.g., 
using a cost of capital set by the State commission(s)).
    12 p.m.-1 p.m.--Lunch.

January 14, 2004--Afternoon Session

    1 p.m.-4 p.m.--Panel 4: Data Concerns and Miscellaneous Issues.
    Opening comments and introduction by staff.
    Presentations and reactions by panelists: Rodney Frame, Managing 
Partner, Washington Office of Analysis Group; Joe Pace, Director, LECG, 
LLC; Seabron Adamson, Director, Tabors, Caramoni & Associates; William 
Townsend, Senior Director of Database and Spatial, Platt's Energy 
Information and Trading Services; Steve Schleimer, Director of Market 
and Regulatory Affairs, Calpine Corp.
    Open microphone.
    Specific topics to be discussed in this session include the 
following:
    Restrictions on data access, related to security concerns or 
critical infrastructure (including confidentiality issues);
    Data concerns;
    Supply, demand (native load), outages, accuracy of FERC forms;
    Public accessibility to information used, and cost to obtain it;
    Accuracy of and access to OASIS postings;
    Definitions and conforming to NERC terms where possible;
    How should the generation dominance screen be used--as a definitive 
test or an indicative test? If indicative, does screen failure result 
in a hearing or additional studies? Should the Commission consider 
other measures of market power in generation markets in determining 
whether to grant market-based rate authority (e.g., monopsony power)?

[FR Doc. E4-76 Filed 1-15-04; 8:45 am]
BILLING CODE 6717-01-P