Janine --

If we have draft tariff language, I'd push pretty hard.

Jim

 -----Original Message-----
From: 	Migden, Janine  
Sent:	Tuesday, August 28, 2001 7:53 AM
To:	Shapiro, Richard; Steffes, James D.; Nicolay, Christi L.; Roan, Michael; Stroup, Kerry; Boston, Roy; Hueter, Barbara A.; Landwehr, Susan M.
Cc:	Shapiro, Richard
Subject:	ICC- Balancing

On Friday, I participated in ICC Chairman Mathias' Roundtable on the state of competition in Illinois.  One of the questions he asked was what the ICC could do to improve competition in Illinois.  I commented that the ICC could commence an investigation on the balancing rules of the various utilities, having pointed out the problem's with ComEd's and the fact that the other utilities are even worse.  He expressed concern over ICC jurisdiction and opined that to the extent that it impacts retail transactions and adversely affects retail competition, the ICC is within its jurisdiction to order the utilities to file an amended OATT before FERC for FERC's approval.  I plan to follow-up with a letter to him and all the Commissioners and would like feedback as to how hard I should push on this.  Should the ICC look into balancing (to which I give a less than 50% probability) we would have to be prepared to participate.  I think it would be highly worth the effort, especially as far as Illinois Power is concerned, however, I would like some feedback as to your views in order to guage how hard to push this.

Thanks,
Janine