Marketers Seek Halt to ISO, PX Disclosures in CA
In an emergency motion filed at FERC last week, eight power
marketers serving California asked the Commission to bar the
Cal-ISO and Cal-PX from disclosing confidential information about
their companies and/or practices - absent adequate safeguards - to
state agencies investigating the out-of-control electricity market
in the state.
The power marketers want FERC to immediately issue a "uniform
standard" that would give the disclosures by the Cal-ISO and Cal-PX
the "same confidentiality protections" as those provided under
FERC-approved tariffs and the Commission's Model Protective Order.
Absent a swift response to their request, they urged the Commission
to stay the release of such information in California while their
emergency motion is under review.
The marketers said quick action was needed because the Cal-ISO
planned to begin releasing proprietary information about certain
companies last week to the California Public Utilities Commission
(CPUC) and the California Electricity Oversight Board (EOB). At
press time Friday, the Commission had not responded to the
marketers' emergency request [EC96-19, ER96-1663].
Given the "unsettled conditions" in the Golden State bulk power
markets, the CPUC, EOB, the state attorney general's office and
Bureau of Audit have initiated a series of investigations, and
either have served or plan to serve subpoenas or data requests on
the Cal-ISO and Cal-PX. These requests seek bidding, pricing and
outage data, and other sensitive proprietary information about
companies that are participating in California market, according to
But "no state agency has, as yet, offered substantial assurances
that confidentiality will be preserved...on a substantially similar
basis" to that offered by FERC in its Model Protective Order. Such
an order limits disclosure of confidential information only to
those persons with a "need to know."
The power marketers said they didn't object to the Cal-ISO and
Cal-PX releasing information to the state agencies if adequate
confidentiality safeguards are assured. Nor, they emphasized, were
they trying to delay any of the investigations.
The marketers seeking the emergency motion included Duke Energy
North America LLC, Duke Energy Trading and Marketing LLC, Dynegy
Power Marketing Inc., Reliant Energy Power Generation Inc., Reliant
Energy Services Inc., Southern Energy Inc., Williams Energy
Marketing & Trading Co., and AES Corp. and its affiliates.
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