UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION

Transcription

1 UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION State of California, ex rel. Bill Lockyer, Attorney General of the State of California v. British Columbia Power Exchange Corporation, Coral Power, LLC, Dynegy Power Marketing, Inc., Enron Power Marketing, Inc., Mirant Americas Energy Marketing, LP, Reliant Energy Services, Inc., Williams Energy Marketing & Trading Company, All Other Public Utility Sellers of Energy and Ancillary Services to the California Energy Resources Scheduling Division of the California Department of Water Resources, and All Other Public Utility Sellers of Energy and Ancillary Services into Markets Operated by the California Power Exchange and California Independent System Operator Docket No. EL JOINT TRANSCRIPT CORRECTIONS To The Honorable Andrea McBarnette, Presiding Administrative Law Judge Pursuant to Rule 510(b) of the Rules and Regulations of the Federal Energy Regulatory Commission 1 and the Rules for the Conduct of the Hearing, 2 the 1 18 C.F.R (b) (2016). 2 Cal., ex rel. Lockyer v. B.C. Power Exchange Corp., Docket No. EL , Order Establishing Rules of Conduct for Hearing at P 81 (Jan. 5, 2017).

2 California Parties 3 Trial Staff, 4 Hafslund, 5 Shell Energy, 6 and TransCanada 7 jointly submit the following. 3 For purposes of this proceeding, the California Parties are the People of the State of California, ex rel. Xavier Becerra, Attorney General of the State of California, the Public Utilities Commission of the State of California, Pacific Gas and Electric Company, and Southern California Edison Company. 4 Federal Energy Regulatory Commission (FERC or Commission) Trial Staff (Trial Staff). 5 Hafslund Energy Trading L.L.C. (Hafslund). 6 Shell Energy North America (US), L.P. (f/k/a Coral Power, L.L.C. (Coral)) (Shell Energy). 7 TransCanada Energy Ltd. (TransCanada). 2

3 359 9 got goal of page as page how to create the equivalent of 10,000 megawatts of new capacity of the to 0.2 Point 1 to Point Point Point Point cross-exhibit cross-examination tape take those these withholding holding from of which what is as By Mr. Sundback By Mr. Philp "In fact," as "I say "In fact, I say between Pacific between the Pacific aware of the Commission aware of a Commission was Portland were Portland May I bring May we bring counter point. counterparty letters levels companies company November 11th November entry entity How to Create the Equivalent of 10,000 MW of New Capacity 3

4 CAP-34 CAP active act of avoided the CERS avoided CERS active act of into a PX into the PX Linda Susan complying compliant wouldn t have would have May 1, 2001 May 1, are based Is based the information. I think the information, I think basis of looking basis for looking that was going that were going Dr. Mr a an MMA DMA it s the nominally May its nominally May misreport misreporting , 2000, 1 to 2, and 1, 2000, and January 1st January 31st October 1st October 2nd for that for the Exhibit A attachment A Attachment A that s what the that the does effectively, says that does effectively, it says that some states some cases me, that s he me, he actually in his evidence actually in evidence 4

5 so the that the chairman so that the chairman utility as the utility in the deposition what happened deposition about what happened December or January 2000, 2001 December 2000 or January the not not clear, it clear. It approach, was approach, which was how much how many also have yielded Enron-style also have yielded indications of Enron-style those reports would have those reports that would have paid page document, you document, referred refer that are arbitrary that were arbitrary had this hourly had the hourly NPR MBR NPR MBR NPR MBR transaction TransCanada who were manipulated who manipulated MCPA NCPA recognize recognized words they very well knew or they intended to do Mr. Reynolds Dr. Reynolds CAP-0329 CAP-0326 CAP CAP-0329 CAP-0326 CAP-0329 words, they very well knew or they intended to do 5

6 CAP-0329 CAP-0326 CAP providing information from information provided by line 67 lines terms firms pages 17 through 8 pages 17 through is are doesn t take that effect, the doesn t take into account that effect, the that s 25 loss that s a 25 percent loss the regression residuals-spot prices the regression residuals spot prices of the residuals of gaming on the residuals what the what are the CAP-0329 CAP-0326 CAP are ones which are ones of which course coarse be they power by these power the power, you the power industry, you which I thought which was that I thought market it s market, it s effects effect it's a very cut and dried, it's very cut and dried, core, what Dr. Reynolds s core, Dr. Reynolds s they're their & and Shell is, Shell, tapes evidence and tapes evidencing ,25 61, with what you wrote that's what they wrote 6

7 739 3 damn dam damn dam relevant. record, and it s not relevant electricity. electricity markets depositions positions haven't have understandings understanding market in which market is one in which traded tended exhibit excerpt Respondents s Respondents Respondents s Respondents unreasonable reasonable reclaim RECLAIM pricing purchasing contracts with power contracts for power through with had have deposition hearing DMM DMA and management management that they different regulatory. different regulatory issues Participating generators Participating Resources? CAP-363 CAP first filing indicated FERC filing as indicated into and 7

8 875 7 would be to by would be to buy get shorty Get Shorty schedule coordinating scheduling coordinator Exhibit Exhibits TAG ing tagging what I was a more what is a more the file of amendment the filing of amendment so in July 22 so on July it meant it met th 5th on in we you staff was doing in this collaboration with the DMA staff was doing in collaboration with the DMA mains main There s There are that were Mr. Hunger s that were exhibits to Mr. Hunger s SNA-102 SNA assist as how much generator how much a generator on of Supply curves Supply bid curves during is well during peak hours is well if go up if you go up Mr. Wiseman where Mr. Wiseman showed you where underscheduling underscheduled market instead, forward market instead of forward a lot a large TC-100 TC

9 of the purchases of their purchases Mr. Taylor can test Mr. Taylor contests do you that you do that on an disaggregated on a disaggregated your testimony that your attention that CAP-290 CAP CAP-290 CAP but a free for all not a free for all by aggregated by aggregating CAP-351 CAP was issues were issues measurement measurement or pivotal? pivotal supplier test? comments Comment utilities that utilities; that marketer was marketer was Honor the Honor the tells tell $ and 5 $15 and $ $ Commission s Commission past past Order need needed ancillary service. ancillary services and you used and used it is its utilities utility s 9

10 what s a quarterly report look like what a quarterly report would look like got have There s There are was were than a than disaggregate disaggregated aggregate aggregated that s that aggregate aggregated Between 888 Between Order market -- the market Say again. Say that again? market -- market-based rate sellers MMA DMA your questions your discovery questions say it says nowhere that it say it I think the argument stinks. I think the argument makes no sense the market it doesn t say it says the report it says sense of it of what be sense of what was so much going so much more going exist. existed transactional-specific transaction-specific They never focused They focused FERC. We have to be able to get better data on bilateral markets bit different be submit are is FERC We have to be able to get better data on bilateral markets. 10

11 maxed masked tightly -- tightly protected No. No between whom between whom, standard well standard, well going on. going on all that other conclusion you re asking all the other conclusions you re asking about numbers baking to numbers to sort of a systematic sort of systematic ground, who groundwork, who here hear SNA-0005 SNA e-tag was e-tag, was any by ISO any ISO NITS other entities this an Mr. Dr lake like Exhibits SNA-54 Exhibit SNA-70 Exhibits SNA-0054 through Exhibit SNA violation violations that I am that what I am SNA-72 through 75 SNA-0072 through SNA SNA-071 SNA SN-0075 SNA mac d MACD that to what right the point right at the point 11

12 confirm with all confirm all help control the areas manage congestion help control areas manage congestion for from commercial commercial transaction marked in operated admission what admission of what details I details he errata, errata Sherco Gen Shercogen Oahe OAHE are B.C. and B.C./ substations substation state State populated. populated counties counties, Legend legend share of purchases share of TransCanada s purchases page pages desire desired manners manner There s There s a $57.25 $ megawatts, Idaho Power, 590 megawatts, that conversation between that the conversation is between Parties for Parties. They re friend, friend state State 12

13 do, do people - - people, shaking shakiness distinguishing Dr. Morris distinguishing for Dr. Morris phrase, set phrase, to set dispersions aspersions entity entities there there, The They with which that once the sellers had time to revise them correct them that, once the sellers had time to revise them correct, that in which participant in and you are participant and you were & and & and firsthand first-hand with, it let with it, let over charges overcharges for from ISO and PX PX and ISO seller, and seller and as a part as part requesting responding pull full difficult if not impossible-- difficult if not impossible Coordinators Co-ordinators an event evident 13

14 included included, seeks seeks toll told the Southern Southern site cite mils mills S-077 S

15 Respectfully submitted, /s/ Iryna Kwasny Arocles Aguilar, General Counsel Christopher E. Clay Iryna Kwasny Public Utilities Commission of the State of California 505 Van Ness Avenue San Francisco, CA (415) Attorneys for the Public Utilities Commission of the State of California /s/ Danette E. Valdez Xavier Becerra Attorney General Mark Breckler Chief Assistant Attorney General Martin Goyette Senior Assistant Attorney General Danette E. Valdez Supervising Deputy Attorney General Office of the Attorney General 455 Golden Gate Avenue, Suite San Francisco, CA /s/ Stan Berman Stan Berman Eric Todderud Sidley Austin LLP 701 5th Avenue, Suite 4200 Seattle, WA Mark D. Patrizio Joshua S. Levenberg Pacific Gas and Electric Company 77 Beale Street, B30A Post Office Box 7442 San Francisco, CA Kevin J. McKeon Judith D. Cassel Whitney E. Snyder Melissa A. Chapaska Hawke McKeon & Sniscak LLP 100 North Tenth Street Harrisburg, PA (717) Attorneys for the People of the State of California ex rel. Xavier Becerra, Attorney General Attorneys for Pacific Gas and Electric Company 15

16 /s/ Richard L. Roberts Richard L. Roberts Jane I. Ryan Catherine M. Giovannoni Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC (202) Russell A. Archer Southern California Edison Company 2244 Walnut Grove Avenue Rosemead, CA Attorneys for Southern California Edison Company *Sidley Austin LLP is not appearing with respect to claims against TransCanada Energy Ltd. /s/ Edith A. Gilmore Edith A. Gilmore, Trial Attorney Daniel W. Nugent, Trial Attorney Office of Administrative Litigation 888 First Street, N.E. Washington, DC (202) Attorneys for Commission Trial Staff /s/_tore Sande Tore Sande Hafslund ASA P.O. Box 990 Skøyen, NO-0247 Oslo, Norway Phone Counsel for Hafslund Energy Trading L.L.C. 16

17 Jessica H. Miller Bracewell LLP 111 Congress Ave., Suite 2300 Austin, TX Phone (512) Fax (800) /s/ David M. Perlman David M. Perlman Britt Cass Steckman Jennifer T. Gordon Bracewell LLP 2001 M Street NW, Suite 900 Washington, D.C Phone (202) Fax (202) david.perlman@bracewell.com britt.steckman@bracewell.com jennifer.gordon@bracewell.com Counsel for Shell Energy North America (US), L.P. /s/ Kenneth L. Wiseman Kenneth L. Wiseman Mark F. Sundback William M. Rappolt Andrews Kurth Kenyon LLP 1350 I Street, NW, Suite 1100 Washington, DC Phone (202) Fax (202) kwiseman@andrewskurth.com msundback@andrewskurth.com wrappolt@andrewskurth.com Counsel for TransCanada Energy Ltd. May 19,

18 CERTIFICATE OF SERVICE I hereby certify that I have this day served the forgoing document upon each person designated on the ListServ established for Docket Nos. EL , et al. Dated at Washington, D.C. this 19th day of May /s/ Jennifer T. Gordon Jennifer T. Gordon

19 Document Content(s) EL PDF