[Federal Register: March 12, 2002 (Volume 67, Number 48)]
[Notices]
[Page 11111]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12mr02-51]
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
[Docket No. PA02-2-000]
Fact-finding Investigation of Potential Manipulation of Electric
and Natural Gas Prices; All Jurisdictional Sellers and All Non-
jurisdictional Sellers in the West
March 5, 2002.
On February 13, 2002, the Commission issued an order directing
Staff to conduct a fact-finding investigation into whether any entity,
including Enron Corporation (through its affiliates or subsidiaries),
manipulated short-term prices in electric energy or natural gas markets
in the West or otherwise exercised undue influence over wholesale
prices in the West, for the period January 1, 2000, forward. In
Ordering Paragraph (B) of the February 13, 2002, order, the Commission
empowered the General Counsel or her designee, with respect to any
matters relevant to that investigation, to gather information and to
require the production of any contracts, agreements or other records,
among other things.
In the course of conducting this fact-finding investigation, Staff
reviewed the wholesale sales information filed by jurisdictional
sellers in their quarterly reports. Staff determined that the
information contained in the reports is not useful for the fact-finding
investigation. Moreover, the information is incomplete as to the
markets in the West because non-jurisdictional sellers of wholesale
energy do not file quarterly reports.
Accordingly, pursuant to the February 13, 2002, order, I hereby
direct all jurisdictional sellers and all non-jurisdictional sellers
with wholesales sales in the U.S. portion of the Western Systems
Coordinating Council (WSCC) to respond to this information request, as
described in more detail below. The failure to respond on the part of
any seller to which this information request applies may result in
appropriate enforcement action, including the issuance of a subpoena.
Any jurisdictional seller that does not have any transactions to report
is to report that fact to the e-mail address listed below.
All jurisdictional sellers and all non-jurisdictional sellers with
wholesales sales in U.S. portion of the WSCC are required to report on
a daily basis certain historical information (specified in an Excel
spreadsheet template entitled ``Short-term Firm and Non-firm Wholesale
Sales Transactions'') for all short-term energy transactions in the
U.S. portion of the WSCC for calendar years 2000 and 2001. Short-term
energy transactions are defined as those transactions for sales or
resales with a term of one week or less. The spreadsheet template
includes columns for quantity and price data, transactions with
affiliated buyers, non-affiliated buyers, and by specific, identified
delivery points.
All jurisdictional and non-jurisdictional sellers with wholesale
sales in the U.S. portion of the WSCC are required to report certain
historical information for calendar years 2000 and 2001 (specified in
an Excel spreadsheet template entitled ``Monthly Firm and Non-Firm
Wholesale Sales Transactions'') for transactions of capacity and energy
in the U.S. portion of the WSCC on a monthly basis. Monthly
transactions are defined as all wholesale capacity and wholesale energy
sales or resales that were made on a monthly, seasonal, or quarterly
basis. The spreadsheet template includes columns for quantity and price
data, transactions with affiliated buyers, non-affiliated buyers, and
by specific, identified delivery points.
All jurisdictional sellers and all non-jurisdictional sellers with
wholesales sales in the U.S. portion in the WSCC are required to report
certain historical and projected information (specified in an Excel
spreadsheet template entitled ``Long Term Capacity and Energy Sales'')
for all long-term transactions in the U.S. portion of the WSCC, the
contracts for which were executed for delivery on or after January 1,
2000. Long-term transactions are defined as those transactions for a
term of one year or more. For the date on which any long-term contract
was executed, the spreadsheet template includes columns for quantity
and price data, term dates, transactions with affiliated buyers, non-
affiliated buyers, and by location. Respondents are also required to
provide copies of the relevant contracts, together with all supplements
and amendments, in electronic (scanned) format.
Responses must be provided no later than April 2, 2002. The three
Excel spreadsheets needed to complete this information request are
contained in two files posted on the Commission's web page for Docket
No. PA02-2-000 (http://www.ferc.gov/electric/bulkpower/pa02-2/pa02-
2.htm). These spreadsheets are to be completed by respondents and e-
mailed to william.booth@ferc.gov. A response that exceeds the row limit
for an Excel spreadsheet must be reported in CSV format. If any
respondent seeks privileged treatment of the information pursuant to 18
CFR 388.112 (2001), two versions of each spreadsheet should be e-
mailed. Include in the e-mail and in the title of the spreadsheet that
the information is ``Confidential'' or ``Not Confidential.''
A copy of this information request will be published in the Federal
Register and published on the Commission's web page for Docket No.
PA02-2-000 (http://www.ferc.gov/electric/bulkpower/pa02-2/pa02-2.htm).
In addition, it also will be mailed to all the jurisdictional public
utilities listed in the appendix to the November 20, 2001, order in
Docket No. EL01-118-000.
Respondents seeking assistance with this information request may
contact Mr. William Booth at 202-208-0849 (technical) or Ms. Jo Tolley
at 202-208-1260 (non-technical).
Donald J. Gelinas,
Associate Director, Office of Markets, Tariffs and Rates.
[FR Doc. 02-5721 Filed 3-11-02; 8:45 am]
BILLING CODE 6717-01-P