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. Docket No. EL02-71-057 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 CALIFORNIA PARTIES REQUEST FOR OPENING STATEMENTS AT HEARING
To: Presiding Administrative Law Judge Andrea McBarnette Pursuant to Rule 212 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission ( FERC or Commission ), 1 the California Parties 2 request that, on April 19, 2017, before the commencement of witness testimony, Your Honor permit opening statements. The California Parties submit that opening statements would be a useful adjunct to the parties pre-hearing briefs filed March 31, 2017, by providing Your Honor with an overview of the facts and issues that will be presented at hearing. Acknowledging the need for efficiency, the California Parties further submit that opening statements would not exceed 60 minutes for the California Parties and 30 minutes each for Shell Energy North America (US), L.P., TransCanada Energy Ltd. and Staff. Staff has indicated it takes no position as to the presentation of opening statements at hearing. Shell Energy North America (US), L.P. and TransCanada Energy Ltd. have indicated that they object to the presentation of opening statements at hearing. 1 18 C.F.R. 385.212 (2016). 2 For purposes of this pleading, the California Parties are the People of the State of California ex rel. Xavier Becerra, Attorney General ( Attorney General ), the Public Utilities Commission of the State of California ( CPUC ), Pacific Gas and Electric Company ( PG&E ), and Southern California Edison Company ( Edison ). 2
Respectfully submitted, /s/ Arocles Aguilar Arocles Aguilar, General Counsel Iryna A. Kwasny Public Utilities Commission of the State of California 505 Van Ness Avenue San Francisco, CA 94102 (415) 703-3050 Attorneys for the Public Utilities Commission of the State of California /s/ Danette E. Valdez Xavier Becerra Attorney General of California 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 11000 San Francisco, CA 94102 Kevin J. McKeon Judith D. Cassel Whitney E. Snyder Melissa A. Chapaska Hawke McKeon & Sniscak LLP 100 North Tenth Street, P.O. Box 1778 Harrisburg, PA 17101 (717) 236-1300 Attorneys for the People of the State of California ex rel. Xavier Becerra, Attorney General 3
/s/ Stan Berman Stan Berman Eric Todderud Sidley Austin LLP 701 5th Avenue, Suite 4200 Seattle, WA 98104 Mark D. Patrizio Joshua S. Levenberg Pacific Gas and Electric Company 77 Beale Street, B30A Post Office Box 7442 San Francisco, CA 94120 Attorneys for Pacific Gas and Electric Company /s/ Richard L. Roberts Richard L. Roberts Jane I. Ryan Catherine M. Giovannoni Steptoe & Johnson LLP 1330 Connecticut Avenue, NW Washington, DC 20036 (202) 429-3000 Russell A. Archer Southern California Edison Company 2244 Walnut Grove Avenue Rosemead, CA 91770 Attorneys for Southern California Edison Company April 12, 2017 *Sidley Austin LLP is not appearing with respect to claims against TransCanada Energy Ltd. 4
CERTIFICATE OF SERVICE I hereby certify that I have this day served an electronic copy of the foregoing document upon each person designated on the ListServ established in Docket No. EL02-71. Dated at Harrisburg, PA, this 12th day of April, 2017. /s/ Whitney E. Snyder Whitney E. Snyder Hawke McKeon & Sniscak LLP 100 N. 10th Street Harrisburg, PA 17101 (717) 236-1300 wesnyder@hmslegal.com