Attached is FERC authorization for EPMI and EES to purchase power from industrials NATIONWIDE (effective March 6, 2001--Does not expire).  The industrial does not have to obtain its own power marketer license from FERC (subject to EPMI and EES making certain after the fact quarterlty filings for the industrials). 

Specifics:

Owners of generating facilities located at business locations and used primarily for back-up for self-generation (who will be "public utilities" subject to the Federal Power Act only while they sell at wholesale) can sell power at wholesale from such facilities to EPMI and EES without prior notice under section 205 of FPA (would usually require 60 day advance notice filing).  
	 -- Waives certain parts of the filing requirements for the industrial; however, the industrial will still be subject to shortened filing requirements for dispositions of facilities and interlocking positions while they are selling at wholesale.
	-- EPMI and EES will make the FERC quarterly filings on behalf of the industrials for any of these purchases.  Our report must show the names of the industrial; aggregate amount of capacity and/or energy purchased from each seller; and the aggregate compensation paid to each seller.  Accounting/commercial folks for EPMI and EES-- please make sure these purchases are flagged in the accounting system, since the report will be separate from our big quarterly reports.
	-- This does not authorize the retail industrial customer to violate any rules or tariffs of its host utility.  This does not authorize an industrial to resell power it purchases (only can sell what it generates); unless otherwise allowed (or not precluded) by its retail tariff.

West Desk:  This is similar to the authorization that FERC gave last week to purchases from industrials in WSCC.


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On April 27, FERC issued an order granting EPMI and EES the authority to purchase power from IPPs at market-based rates.  As the attached order indicates, the effective date of the EPMI and EES rate schedules is March 6, 2001.

 - ER011394.wpd 
 - ER011394.doc