In an emergency motion filed at FERC this week, eight powermarketers serving California asked the Commission to bar theCal-ISO and Cal-PX from disclosing confidential information abouttheir companies and/or practices — absent adequateconfidentiality safeguards — to state agencies investigating theout-of-control electricity market in the state.

The power marketers want FERC to issue a “uniform standard” thatwould give the disclosures by the Cal-ISO and Cal-PX the “sameconfidentiality protections” as those provided under FERC-approvedtariffs and the Commission’s Model Protective Order. If that’s notpossible, they urged the Commission to stay the release of suchinformation in California while their emergency motion is underreview.

The marketers said quick action was needed because the Cal-ISOplanned to release proprietary information about certain companiesTuesday (Dec. 20) to the California Public Utilities Commission(CPUC) and the California Electricity Oversight Board (EOB). Atpress time yesterday, the Commission had not responded to themarketers’ emergency request [EC96-19, ER96-1663].

Given the “unsettled conditions” in the Golden State bulk powermarkets, the CPUC, EOB, the state attorney general’s office andBureau of Audit have initiated investigations into thedysfunctional market, and either have served or plan to servesubpoenas or data requests on the Cal-ISO and Cal-PX. Theserequests seek bidding, pricing and outage data, and other sensitiveproprietary information about companies that are participating inCalifornia market, according to the marketers.

But “no state agency has, as yet, offered substantial assurancesthat confidentiality will be preserved…on a substantially similarbasis” to that offered by FERC in its Model Protective Order, theysaid. Such an order limits disclosure of confidential informationonly to those persons with a “need to know.”

The power marketers said they didn’t object to the Cal-ISO andCal-PX releasing information to the state agencies if adequateconfidentiality safeguards are assured. Nor, they emphasized, werethey trying to delay any of the investigations.

The marketers seeking the emergency motion include Duke EnergyNorth America LLC, Duke Energy Trading and Marketing LLC, DynegyPower Marketing Inc., Reliant Energy Power Generation Inc., ReliantEnergy Services Inc., Southern Energy Inc., Williams EnergyMarketing & Trading Co., and AES Corp. and its affiliates.

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