UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

Transcription

1 UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION San Diego Gas & Electric Company Docket No. EL , et al. v. Sellers of Energy and Ancillary Services Investigation of Practices of the California Docket No. EL , et al. Independent System Operator and the California Power Exchange Puget Sound Energy, Inc. Docket No. EL , et al. v. Sellers of Energy and/or Capacity in the Pacific Northwest Investigation of Anomalous Bidding Docket No. IN Behavior and Practice in the Western Markets Fact-Finding Investigation Into Possible Docket No. PA Manipulation of Electric and Natural Gas Prices California Independent System Operator Docket No. ER Corporation American Electric Power Service Corp. Docket No. EL , et al. Enron Power Marketing, Inc. and Enron Docket No. EL , et al. Energy Services, Inc. Modesto Irrigation District Docket No. EL Modesto Irrigation District Docket No. EL City of Pasadena, California State of California ex rel. Bill Lockyer, Attorney General of the State of California v. British Columbia Power Exchange Corp. Docket No. EL Docket No. EL02-71 State of California, ex rel. Edmund G. Docket No. EL Brown, Jr., Attorney General of the State of California LA v.2

2 Utility Sellers of Energy and Ancillary Services in the Western Market Systems Coordinating Council Docket No. EL CALIFORNIA PARTIES MOTION TO DESIGNATE SETTLEMENTS AS UNOPPOSED Pursuant to Rules 212 and of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission ( Commission, the California Parties 2 move that the Commission designate as unopposed certain settlements that previously were opposed, and expeditiously approve those settlements. Seven settlements between the California Parties and various settling suppliers resolving claims arising from the California energy crisis are presently pending before the Commission in these proceedings. 3 The Sacramento Municipal Utility District ( SMUD filed an opposition to each of those settlements. With one exception, no other entity has opposed any of them. 4 Thus, SMUD is the only participant to oppose the following six settlements:: Settling Supplier PPL Montana LLC and PPL Energy Plus, LLC SMUD Opposition Initial Comments of the Sacramento Municipal Utility District In Opposition to Offer of Settlement filed on January 10, C.F.R , ( For purposes of this pleading, California Parties means, collectively, Pacific Gas and Electric Company ( PG&E, San Diego Gas & Electric Company ( SDG&E, Southern California Edison Company ( SCE, the People of the State of California ex rel. Kamala D. Harris, Attorney General ( AG, and the Public Utilities Commission of the State of California ( CPUC. 3 The California Parties and Turlock Irrigation District filed a Joint Offer of Settlement on April 22, Although the California Parties do not anticipate any objections to that settlement, the time period for objections has not closed. Thus, the Turlock Irrigation District settlement is not included in this motion. 4 The exception is CAlifornians for Renewable Energy, Inc. s ( CARE January 10, 2011 opposition to the settlement with the City of Santa Clara, in Docket Nos. EL , et al. For the reasons stated in the Joint Reply Comments of Santa Clara and the California Parties filed on January 20, 2011, the Commission can summarily find that CARE s vague grounds for opposing the settlement do not have merit. 2

3 Settling Supplier SMUD Opposition by PPL Montana LLC and PPL Energy Plus, LLC (Jan. 31, 2011 City of Seattle, Washington Initial Comments of the Sacramento Municipal Utility District In Opposition to Offer of Settlement filed on February 8, 2011 by City of Seattle, Washington and City Light Department (Feb. 28, 2011 City of Pasadena, California Initial Comments of the Sacramento Municipal Utility District In Opposition to Offer of Settlement filed on February 15, 2011 by City of Pasadena (Mar. 7, 2011 City of Glendale, California Initial Comments of the Sacramento Municipal Utility District In Opposition to Offer of Settlement filed on February 28, 2011 by City of Glendale, California (Mar. 21, 2011 City of Burbank, California Initial Comments of the Sacramento Municipal Utility District In Opposition to Offer of Settlement filed on March 10, 2011 by City of Burbank, California (Mar. 29, 2011 Modesto Irrigation District Initial Comments of the Sacramento Municipal Utility District In Opposition to Offer of Settlement filed on March 24, 2011 by Modesto Irrigation District (Apr. 8, 2011 On May 4, 2011, SMUD filed a notice in the above-captioned dockets that it has withdrawn all oppositions to pending settlements in these proceedings pursuant to its own settlement with the California Parties. 5 The pending settlements with PPL Montana, the Cities of Seattle, Pasadena, Glendale, and Burbank, and Modesto Irrigation District are now unopposed, and the Commission should treat them accordingly for purposes of its review under Rule The pending settlement with the City of Santa Clara, which was filed with the Commission on December 21, 2010, likewise is 5 Notice of Withdrawal of Comments of the Sacramento Municipal Utility District In Opposition to Offers of Settlement, Docket Nos. EL , et al. (May 4, C.F.R

4 ripe for decision. The California Parties respectfully request that the Commission quickly approve these settlements for the benefit of ratepayers, settling suppliers, and other market participants that may wish to opt into these settlements. Respectfully submitted, /s/ Stan Berman Stan Berman Eric Todderud Sidley Austin LLP th Avenue, Suite 4200 Seattle, WA Mark D. Patrizio Joshua S. Levenberg Pacific Gas and Electric Company 77 Beale Street, B30A Post Office Box 7442 San Francisco, CA Attorneys for Pacific Gas and Electric Company /s/ Richard L. Roberts Richard L. Roberts Joseph E. Stubbs Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC Russell C. Swartz J. Eric Isken Leon Bass, Jr. Southern California Edison Company 2244 Walnut Grove Avenue Rosemead, CA Attorneys for Southern California Edison Company 4

5 /s/ James R. Dean, Jr. James R. Dean, Jr. Covington & Burling LLP 1201 Pennsylvania Ave., NW Washington, DC Don Garber San Diego Gas & Electric Company 101 Ash Street San Diego, CA Attorneys for San Diego Gas & Electric Company /s/ Diana L. Lee Frank Lindh Mary F. McKenzie Diana L. Lee Public Utilities Commission of the State of California 505 Van Ness Avenue, Room 4300 San Francisco, CA Attorneys for the Public Utilities Commission of the State of California /s/ David M. Gustafson Kamala D. Harris Attorney General of the State of California Matt Rodriquez Chief Deputy Attorney General Matt Rodriquez Acting Chief Assistant Attorney General 1300 I Street, Suite 125 Sacramento, CA David M. Gustafson Deputy Attorney General Martin Goyette Supervising Deputy Attorney General 1515 Clay Street, 20 th Floor Oakland, CA /s/ Kevin J. McKeon Kevin J. McKeon Craig R. Burgraff Hawke McKeon & Sniscak LLP Harrisburg Energy Center 100 North Tenth Street P.O. Box 1778 Harrisburg, PA Attorneys for the People of the State of California ex rel. Kamala D. Harris, Attorney General May 10,

6 CERTIFICATE OF SERVICE I hereby certify that I have this day served an electronic copy of the foregoing document upon each person designated on the ListServ established in Docket Nos. EL00-95, et al., EL03-137, et al., EL03-180, et al., and EL02-71, et al. Dated at Washington, DC this 10 th day of May, /s/ Heather Curlee Heather Curlee Sidley Austin LLP 1501 K Street NW Washington, DC (