Below is a memo summarizing the EOB filing at FERC petitioning for the
application of price caps due to the dysfunctional market.  The memo also
summarizes the CALPX filing to implement its own price caps.  Comments on
the EOB filing are due Sept. 18.  Comments on the CALPX filing are due Sept.
12.

Some IEP members have indicated informally to me that that would like to
support IEP's intervention in these matters, particularly the EOB filing.
However, I have no written/email responses to the IEP
Restructuring/Transmission soliciation (or indeed, the email we sent out
last week alerting you to these filings) which would provide the resources
to engage counsel to draft an IEP response.

For IEP to respond to these pleadings, particularly the EOB pleading which
probably is the best target, then we need commitments to fund that effort.
Our latest Restructuring/Transmission Special Fund solicitation sought
$5,000-$10,000 per company to fund filings like these, as well as cover past
Accounts/Payable.  Only a few companies have responded.

Accordingly, IEP would appreciate an indication from the companies as to
whether they would support IEP's intervention in the EOB petition and to
what level ($).  I suspect that this intervention, which may require some
technical analysis from MRW as to operating costs in California, may cost
$5,000-$10,000.

If you are interested in IEP engaging in this matter, please let me know by
COB Monday the extent to which you would fund this effort.  This will allow
me sufficient time to inform the membership whether or not IEP will engage,
thus allowing individual companies sufficient time to develop their own
pleading if they so desire.  If IEP engages, we would circulate draft IEP
comments by Thursday, schedule a conference call for Friday, Sept. 15, and
file the document on Sept. 18

----- Original Message -----
From: Steven Kelly <steven@iepa.com>
To: William Hall <wfhall2@duke-energy.com>; Trond Aschehoug
<taschehoug@thermoecotek.com>; Tony Wetzel <twetzel@thermoecotek.com>; Susan
J Mara <Susan_J_Mara@enron.com>; Steve Ponder <steve_ponder@fpl.com>; Steve
Iliff <siliff@riobravo-gm.com>; Scott Noll <snoll@thermoecotek.com>; Roger
Pelote <rpelote@energy.twc.com>; Rob Lamkin <rllamkin@seiworldwide.com>;
Randy Hickok <rjhickok@duke-energy.com>; Paula Soos
<paula_soos@ogden-energy.com>; Marty McFadden
<marty_mcfadden@ogden-energy.com>; Lynn Lednicky <lale@dynegy.com>; Kent
Fickett <kfickett@usgen.com>; Ken Hoffman <khoffman@caithnessenergy.com>;
Jonathan Weisgall <jweisgall@aol.com>; Joe Ronan <joer@calpine.com>; Joe
Greco <joe.greco@uaecorp.com>; Jim Willey <elliottsa@earthlink.net>; Jack
Pigott <jackp@calpine.com>; Hap Boyd <rboyd@enron.com>; Greg Blue
<gtbl@dynegy.com>; Frank DeRosa <frank.derosa@gen.pge.com>;
Cc: Jan Smutny-Jones <smutny@iepa.com>; Katie Kaplan <kaplan@iepa.com>
Sent: Tuesday, September 05, 2000 9:50 AM
Subject: Fw: memo re EOB and CalPX FERC filings


> Attached is a memorandum from Ellison & Schneider summarizing the
California
> EOB's FERC Bid Cap Complaint and the CALPX's Proposed Tariff Amendment on
> bid caps.  Interventions are due Sept. 12 and Sept. 18, respectively.
>
> Recently, IEP forwarded a Restructuring/Transmission Task Force
> solicitatation seeking to raise funds to help fund IEP's intervention in
> matters such as this.  To date, IEP has received two responses.  In the
> absence of significant funding, IEP will be unable to utilize consultants
to
> help in the monitoring and filing of interventions in
> restructuring/transmission matters.  We will endeavor to continue to keep
> the members apprised of key issues through the use of in-house staff, but
> resources will be limited and may make the preparation and filing of
> interventions difficult.  For example, IEP is unlikely to file an
> intervention at the FERC in response to the EOB and CALPX filings given
time
> and resource constraints.
>
> If you are interested in funding additional support in this effort, please
> respond ASAP to the solicitation distributed in August.  Thank you.
>
> ----- Original Message -----
> From: Andy Brown <ABB@eslawfirm.com>
> To: Steven Kelly (E-mail) <steven@iepa.com>
> Cc: Douglas Kerner <DKK@eslawfirm.com>
> Sent: Friday, September 01, 2000 5:27 PM
> Subject: memo re EOB and CalPX FERC filings
>
>
> > Steven: attached is the memo we discussed in Word format.
> >
> > Andrew B. Brown
> > Ellison, Schneider & Harris, LLP
> > 2015 H Street
> > Sacramento, CA  95814
> > Phone: (916) 447-2166
> > Fax: (916) 447-3512
> > mailto:abb@eslawfirm.com
> >
> > CONFIDENTIALITY NOTICE:  This communication and any accompanying
> document(s)
> > are confidential and privileged.  They are intended for the sole use of
> the
> > addressee.  If you receive this transmission in error, you are advised
> that
> > any disclosure, copying, distribution, or the taking of any action in
> > reliance upon the communication is strictly prohibited.  Moreover, any
> such
> > inadvertent disclosure shall not compromise or waive the attorney-client
> > privilege as to this communication or otherwise.  If you have received
> this
> > communication in error, please contact the sender at the internet
address
> > indicated or by telephone at (916)447-2166. Thank you.
> >
> >
>

 - 000901_IEP_memo_re_EOB-CalPX_FERC.doc