EES is concerned about the 95% requirement.

What EES would like is to do is to ask FERC for a modification as follows:

1.  Change the requirement to 90%     OR
2.  Apply the 95% penalty solely to underscheduling of load (the draft order 
talks about it as a deviation, implying plus or minus, even though the 
section talks only about underscheduling of load)

Also, EES would like some clarification that the rule applies to an entities' 
entire load.

We can justify these modifications by pointing out that smaller scheduling 
cooridinators (i.e. smaller than the PX or IOUs) have less diverse loads and 
are more subject to on forseen swings -- so 95% is very difficult to achieve 
-- another disincentive to direct access and compeition.

Time is marching on-- 

THIS OK?