Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Notices 67065

1San Diego Gas & Electric Company, et al., 93

FERC ¶61,051 (2000).

I discern no exception for market-based

(as opposed to stated) rates.

I fail to see how the Commission,

even if it wanted to order refunds for

prices charged to San Diegans during

the summer of 2000, could do so in the

present circumstances. Neither the Staff

Report nor today’s order contains any

finding that any power supplier

exercised market power or otherwise

engaged in inappropriate behavior.

Indeed, neither the Staff Report nor the

order reaches definite conclusions about

any seller or category of sellers. In these

circumstances, how could the

Commission order individual sellers or

categories of sellers to make refunds,

much less allocate responsibility for

refunds among sellers?

Curiously, the Commission does state

in a footnote that it is willing to

consider ‘‘other forms of equitable

relief’’ to mitigate the ‘‘severe financial

consequences of last summer’s high

prices.’’ Frankly, I do not know what

this statement means. If the Commission

intends to suggest that it enjoys the

power to do indirectly what it cannot do

directly—i.e., exercise its considerable

powers of persuasion to motivate power

suppliers to reimburse buyers in some

respect—then I reject that suggestion as

legally unfounded.

As for refunds for future periods,

today’s order informs power suppliers

that their sales into California ISO and

PX markets are now ‘‘subject to refund.’’

I addressed the practical effect of

‘‘subject to’’ language in my

concurrence to the August 23 order

initiating the Commission’s

investigation into California markets. 92

FERC at 61,611. I believe that the

inclusion of ‘‘subject to’’ language will

act to exacerbate supply deficiencies in

California. This is because power

suppliers, uncertain whether the

Commission later may decide to alter

the rate they have charged, justifiably

will decide to sell their capacity in

markets outside California. This will

only accelerate the exodus of power

outside California, a factor recognized

by the Staff Report as contributing to the

summer increase in the wholesale price

of electricity.

I also have serious reservations about

conditioning market-based rate

authorization on maintaining a ‘‘subject

to refund’’ obligation through the end of

2002. This has the practical effect of

extending the refund protection under

section 206 of the FPA for a total of 27

months of protection. In contrast,

section 206 is explicit that, absent

dilatory behavior of the type not present

here, refund relief may extend only 15

months from the refund effective date

established by the Commission (here,

October 2, 2000).

To address credible claims of

anticompetitive behavior, I would

employ the Federal Power Act as it was

drafted and promulgated, not as it

arguably should be revised to recognize

modern-day power sales. I continue to

believe that the Commission should act

vigorously to detect and remedy real

abuses of market power. If a complaint

or Commission staff-initiated

investigation can establish, to the

Commission’s satisfaction, such an

abuse, the Commission should order

refunds prospective from the date of

that complaint or investigation. By

directing the imposition of a ‘‘subject to

refund’’ condition on California sellers

of power, the Commission now goes

beyond the limitations of the FPA by

allowing for the potential award of

refunds for conduct prior to the filing of

a complaint or the initiation of an

investigation.

Next Tuesday represents the most

political day of our American heritage.

It is our birthright as Americans. Today,

there is no room for politics. The

question is not whether or not I want to

give refund relief to California

ratepayers. I do, but I want to follow the

law. I am certainly not above it.

Conclusion

In conclusion, there is much I like

and much I dislike about today’s order.

I believe that it is important to keep the

process moving forward and to inform

California ratepayers and officials of our

judgments as soon as possible. I look

forward to public input. I remain

committed to respond to the needs of

California ratepayers in a balanced

manner that, hopefully, will allow them

to enjoy the benefits of a competitive

market as quickly as possible.

For all of these reasons, I respectfully

concur.

Curt L. He ́bert, Jr.,

Commissioner.

[FR Doc. 00–28447 Filed 11–2–00; 2:57 am]

BILLING CODE 6717–01–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

[Docket Nos. EL00–95–000, EL00–98–000,

EL00–107–000, ER00–3461–000, ER00–

3673–000]

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; Public Meetng in San

Diego, California; California Power

Exchange Corporation; California

Independent System Operator

Corporation; Order specifying time of

conference and procedure for seeking

participation

Issued November 1, 2000.

Before Commissioners: James J. Hoecker,

Chairman; William L. Massey, Linda

Breathitt, and Curt He ́bert, Jr.

In this order, the Commission

specifies the time and place for the

November 9, 20009 public conference

announced by Commission order on

October 19, 2000, 1 and the procedure

for interested persons to follow in

seeking participation in the conference.

Background

On October 19, 2000, in the

consolidated dockets listed above, the

Commission issued an order

announcing in advance the procedures

it expects to follow over the coming

weeks to move forward in these

proceedings. Among other things, the

Commission indicated that it expected

to hold a public conference on

November 9, 2000 to discuss proposed

remedies and stated that a separate

order would be issued to specify the

date and time of the conference and the

manner for seeking participation in the

conference.

Discussion

Time and Place of Conference

The Commission announces that it

will convene a public conference to be

held on Thursday, November 9, 2000, at

the offices of the Federal Energy

Regulatory Commission, 888 First

Street, NE., Washington, DC 20426. The

conference will commence at 9 a.m. and

will be open to all interested persons.

67066 Federal Register / Vol. 65, No. 217 / Wednesday, November 8, 2000 / Notices

Participation in Conference

Persons wishing to speak at the

conference must submit a request to

make a statement in the abovecaptioned dockets. The request should

be submitted by e-mail to David

Boergers at david.boergers@ferc.fed.us

(include Docket No. EL00–95–000 in the

subject heading of the e-mail), and

should be followed up, at the same time,

with a letter to the Secretary of the

Commission. The request should clearly

specify the name of the person desiring

to speak, his or her title and affiliation,

and the party or parties the speaker

represents. In addition, the request

should include a telephone number for

notifying the speaker. The request

should also include a brief summary of

the issue or issues the speaker wishes to

address, not to exceed one page. All email requests must be submitted on or

before Friday, November 3, 2000.

The number of persons desiring to

speak at the conference may exceed the

time available. Thus, interested persons

are encouraged to join with other

persons with similar interests. Based on

the requests to participate, panels of

speakers will be specified. The

Secretary will issue a notice listing the

speakers and panels for the conference.

In addition, all interested persons are

invited to submit written comments on

matters addressed at the conference.

These comments should be submitted

on or before November 22, 2000, in the

above-captioned proceedings. All

comments will be placed in the

Commission’s public files and will be

available for inspection or copying in

the Commission’s Public Reference

Room during normal business hours.

Comments are also accessible via the

Commission’s Records Information

Management System (RIMS).

The conference will be transcribed.

Information about obtaining transcripts

will be provided on the Commission’s

website, www.ferc.fed.us.

The Capitol Connection will offer this

conference live over the Internet, as well

as via telephone and satellite. For a

reasonable fee, you can receive these

meetings in your office, at home or

anywhere in the world. To find out

more about The Capitol Connection’s

internet, phone bridge or satellite

coverage, contact David Reininger or

Julia Morelli at 703–993–3100 or visit

the website

(www.capitolconnection.org).

In addition, National Narrowcast

Network’s Hearing-On-The-Line service

will cover this conference live by

telephone so that interested persons can

listen at their desks, from their homes,

or from any phone, without special

equipment. Billing is based on time online. Call 202–966–2211.

Anyone interested in purchasing

videotapes of the conference should call

VISCOM at 703–715–7999.

The Commission Orders

The Commission hereby orders that a

public conference be convened on

Thursday, November 9, 2000, at 9 a.m.,

at the offices of the Federal Energy

Regulatory Commission, 888 First

Street, NE., Washington, DC 20426.

By the Commission.

David P. Boergers,

Secretary.

[FR Doc. 00–28446 Filed 11–2–00; 2:57 am]

BILLING CODE 6717–01–M