UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION San Diego Gas & Electric Company Sellers of Energy and Ancillary Services Investigation of Practices of the California Independent System Operator and the California Power Exchange Puget Sound Energy, Inc. Sellers of Energy and/or Capacity Investigation of Wholesale Rates of Public Utility Sellers of Energy and Ancillary Services in the Western Systems Coordinating Council State of California, ex rel. Bill Lockyer, Attorney General of the State of California British Columbia Power Exchange Corp. People of the State of California, ex rel. Edmund G. Brown, Jr. Attorney General of the State of California Powerex Corp. (f/k/a British Columbia Power Exchange Corp. Investigation of Anomalous Bidding Behavior and Practices in Western Markets Fact-Finding Investigation Into Possible Manipulation of Electric and Natural Gas Prices Docket No. EL00-95-274 Docket No. EL00-98-253 Docket No. EL01-10-128 Docket No. EL01-68-045 Docket No. EL02-71-044 Docket No. EL09-56-020 Docket No. IN03-10-081 Docket No. PA02-2-096 American Electric Power Service Corporation Docket No. EL03-137-042 Enron Power Marketing, Inc. and Enron Energy Services Inc. California Independent System Operator Corporation Docket No. EL03-180-071 Docket No. ER03-746-047
Powerex Corp. Powerex Corp. California Power Exchange Corporation Docket Nos. EL03-166-010, EL03-199-010 Docket No. EL03-50-003 NOTICE OF CLOSING DATE UNDER THE POWEREX CORP. CALIFORNIA PARTIES SETTLEMENT On October 4, 2013, the Federal Energy Regulatory Commission ( FERC or Commission approved the settlement contained in the Settlement and Release of Claims Agreement between Powerex Corp. ( Powerex and the California Parties 1 dated August 15, 2013 ( Settlement Agreement. 2 San Diego Gas & Elec. Co., 145 FERC 61,015, reh g denied, 145 FERC 61,193 (2013, appeal denied sub nom. CAlifornians for Renewable Energy FERC, No. 14-70326 (9th Cir. Mar. 21, 2014. Pursuant to Section 2.1.4 of the Settlement Agreement, Powerex and the California Parties notified the Commission and each person identified on the official service lists established for the EL00-95 Proceeding, 3 the EL01-10 Proceeding, and the Gaming/Partnership 1 For purposes of this notice, California Parties means, collectively, Pacific Gas and Electric Company, San Diego Gas & Electric Company, Southern California Edison Company, the People of the State of California ex rel. Kamala D. Harris, Attorney General, and the Public Utilities Commission of the State of California. 2 For purposes of the Settlement Agreement, California Parties means the entities listed in note 1 as well as the California Department of Water Resources acting solely under the authority and powers created by Assembly Bill 1 of the First Extraordinary Session of 2001-2002, codified in Sections 80000 through 80270 of the California Water Code. 3 Except as otherwise defined herein, the capitalized terms have the meaning set forth in the Settlement Agreement. - 2 -
Proceeding that the Settlement Effective Date under the Settlement Agreement occurred on July 11, 2014. 4 Under the Settlement Agreement, certain required actions are keyed to the Settlement Effective Date, while others are keyed to the Closing Date. Section 2.3 of the Settlement Agreement provides for the Parties to agree on a date that is to be the Closing Date, which shall be a date no later than ten Business Days after the Settlement Effective Date. Pursuant to Section 2.3, the Parties agreed on a Closing Date of July 25, 2014. Sections 7.3.1.3, 7.3.2, and 7.3.3 of the Settlement Agreement each require that within five Business Days after the Closing Date, [t]he California Parties shall provide notice to FERC that the Closing Date has occurred. Thus, by this pleading, the California Parties notify the Commission that the Closing Date under the Settlement Agreement occurred on July 25, 2014. 5 Sections 7.3.1.3, 7.3.2, and 7.3.3 of the Settlement Agreement further provide that, upon the Commission s receipt of such notice: Powerex shall be dismissed with prejudice from the EL01-10 Proceeding with respect to the California Parties Claims, and no relief will be awarded by FERC to the California Parties from Powerex in the EL01-10 Proceeding. (Section 7.3.1.3; [A]ll claims for relief by the California Parties against Powerex in the CPUC FERC Remand will be deemed withdrawn, and all challenges by Powerex to the findings in 142 FERC 63,011 will be deemed withdrawn. (Section 7.3.2; Powerex shall be dismissed with prejudice from the CPUC FERC Remand, and no relief will be awarded by FERC from Powerex in the CPUC FERC Remand. (Section 7.3.2; and 4 Notice of Settlement Effective Date Under the Powerex Corp. California Parties Settlement, Docket Nos. EL00-95, et al. (July 11, 2014. 5 Under Section 7.1.7 of the Settlement Agreement, [s]ubject to the limitations set forth in [Settlement Agreement] Article VII, all of the general and specific releases and waivers set forth in Article VII shall become effective on the Closing Date simultaneously and automatically and with no further action required. - 3 -
The California Parties claims against Powerex in the remaining FERC Proceedings shall be deemed withdrawn, and Powerex shall be dismissed with prejudice from all remaining FERC Proceedings with respect to such Claims, and all Claims, rehearings and oppositions by Powerex against the California Parties in such proceedings will be deemed withdrawn. (Section 7.3.3 Consequently, as of the date of this pleading July 31, 2014 Section 7.3.1.3, Section 7.3.2, and Section 7.3.3 of the Settlement Agreement are effectuated. 6 Respectfully submitted, /s/ Richard L. Roberts Richard L. Roberts Jane I. Ryan Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 Russell C. Swartz J. Eric Isken Russell Archer Southern California Edison Company 2244 Walnut Grove Avenue Rosemead, CA 91770 Attorneys for Southern California Edison Company 6 Nothing in the Settlement Agreement affects Settling Participants rights to maintain challenges with respect to parties other than Powerex. See, e.g., Section 7.3.5.1. - 4 -
/s/ James R. Dean, Jr. James R. Dean, Jr. Covington & Burling LLP 1201 Pennsylvania Ave., NW Washington, DC 20004-2401 Randy Nicholson San Diego Gas & Electric Company 8330 Century Park Court, CP32H San Diego, CA 92123 Attorneys for San Diego Gas & Electric Company /s/ Stan Berman Stan Berman Eric Todderud Sidley Austin LLP 701 Fifth Avenue, Suite 4200 Seattle, WA 98104 Mark D. Patrizio Joshua S. Levenberg Pacific Gas and Electric Company 77 Beale Street, B30A Post Office Box 7442 San Francisco, CA 94120 Attorneys for Pacific Gas and Electric Company - 5 -
/s/ Christopher E. Clay Karen V. Clopton Acting General Counsel Christopher E. Clay Public Utilities Commission of the State of California 505 Van Ness Avenue San Francisco, CA 94102 Attorneys for the Public Utilities Commission of the State of California /s/ David M. Gustafson Kamala D. Harris Attorney General of California Mark Breckler Chief Assistant Attorney General Martin Goyette Senior Assistant Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102 David M. Gustafson Deputy Attorney General 1515 Clay Street, 20 th Floor Oakland, CA 94612-0550 /s/ Kevin J. McKeon Kevin J. McKeon Judith D. Cassel Hawke McKeon & Sniscak LLP Harrisburg Energy Center 100 North Tenth Street P.O. Box 1778 Harrisburg, PA 17101 Attorneys for the People of the State of California ex rel. Kamala D. Harris, Attorney General July 31, 2014-6 -
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 ListServs established in Docket Nos. EL00-95, et al., EL01-10, EL03-137, et al., and EL03-180, et al. Dated at Washington, D.C. this 31st day of July, 2014. /s/ Kevin Haggerty Kevin Haggerty Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 (202 429-6745 khaggerty@steptoe.com
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