[Federal Register: June 10, 2004 (Volume 69, Number 112)]
[Notices]               
[Page 32542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn04-80]                         

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. PL04-9-000, EC02-113-000, EC02-113-001, EC03-53-000, and 
EC03-131-000]

 
Conference on Acquisition and Disposition of Merchant Generation 
Assets by Public Utilities; Cinergy Services, Inc.; Ameren Energy 
Generating Company and Union Electric Company d/b/a; AmerenUE; Oklahoma 
Gas and Electric Company NRG McClain LLC; Supplemental Notice of Agenda 
for Technical Conference

June 4, 2004.
    1. The attachment to this supplemental notice provides additional 
information concerning the June 10, 2004, technical conference to 
discuss issues associated with public utilities' acquisition and 
disposition of merchant generation assets, including the implications 
for the competitive landscape in general and for a region's wholesale 
competition in particular. (See May 11, 2004, Notice of Technical 
Conference.) While the Commission does not intend the conference 
discussion to include the merits of any issues pending before the 
Commission, we have included the docket numbers of contested pending 
section 203 cases out of an abundance of caution since issues in the 
conference may overlap with issues in these cases. The conference will 
begin at 1 p.m. (e.s.t.) and will conclude at approximately 4 p.m. and 
will be convened in the Commission Meeting Room at the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC. Members 
of the Commission will attend the conference. All interested persons 
are invited to attend. Microphones will be available to enable those in 
the audience to participate in the discussion as issues arise.
    2. The conference will be transcribed. Those interested in 
acquiring the transcript should contact Ace Reporters at 202-347-3700 
or 800-336-6646. Transcripts will be placed in the public record 10 
days after the Commission receives the transcripts. Additionally, 
Capitol Connection offers the opportunity for remote listening and 
viewing of the conference. It is available for a fee, live over the 
Internet, by phone or via satellite. Persons interested in receiving 
the broadcast, or who need information on making arrangements, should 
contact David Reininger or Julia Morelli at Capitol Connection (703-
993-3100) as soon as possible or visit the Capitol Connection Web site 
at http://www.capitolconnection.org and click on ``FERC.''

    3. For more information about the conference, please contact David 
Hunger at 202-502-8148 or David.Hunger@ferc.gov.

Linda Mitry,
Acting Secretary.

Conference on Public Utilities' Acquisition and Disposition of Merchant 
Generation Assets, June 10, 2004, 1 p.m.-4 p.m.

Agenda

    Panelists will each be asked to address issues among the 
following in a five minute overview prepared statement, which will 
be followed by questions and general discussion:
     Trends in acquisitions of generation facilities owned 
by independent power producers (IPPs) and affiliated power producers 
(APPs); characteristics of sellers, buyers and assets and the roles 
of financial players; who is selling to whom and what is the role of 
banks and other financial institutions.
     Changing pattern of generation acquisitions by 
vertically-integrated utilities and their APPs over the past 15 
years.
     Competitive effects of vertically integrated utilities 
acquiring IPP generation assets in short-run and long-run markets.
     Competitive effects of vertically integrated utilities 
acquiring APP generation assets in short-run and long-run markets; 
the potential for affiliate abuse; validity of safety net concerns.
     Whether or how the evaluation of the competitive harm 
under current section 203 review standards (Merger Policy Statement 
and Order No. 642) and policy needs to be changed to take account of 
competitive effects of acquisitions of IPPs and APPs.
     Whether the Commission should require an Edgar type 
standard of review for section 203 affiliate acquisitions.
     Should the Commission consider the effect of buyers' 
market power (monopsony power) in its review of generation 
acquisitions? If so, how should it analyze the effect on 
competition? Does economic dispatch address horizontal market power, 
vertical market power and/or monopsony power?
     What are the remedies? In particular, can a competitive 
solicitation prevent harm due to affiliate acquisitions?

Panel I: 1 p.m.-2:15 p.m.
    John Hilke, Federal Trade Commission.
    Steve Daniel, GDS Associates.
    Pete Delaney, Oklahoma Gas and Electric Company.
    State Commissioner--TBA.
    Peter Kind, CitiGroup.

Break: 2:15 p.m.-2:30 p.m.

Panel II: 2:30 p.m.-3:45 p.m.
    David DeRamus, Partner, Bates White.
    Mark Huston, Constellation Generation.
    Jone-Lin Wang, Cambridge Energy Research Associates.
    Mark Cooper, Consumer Federation of America.
    Diana Moss, American Antitrust Institute.
    Marji Philips, PSE&G.

Wrap-up: 3:45 p.m.-4 p.m.

 [FR Doc. E4-1319 Filed 6-9-04; 8:45 am]

BILLING CODE 6717-01-P