[Federal Register: December 29, 2003 (Volume 68, Number 248)]
[Notices]
[Page 74952]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de03-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL04-11-000]


CAlifornians for Renewable Energy, Inc., (CARE), Complainant, v.
Calpine Energy Services, L.P., and the California Department of Water
Resources, Respondents; Notice of Complaint

October 23, 2003.
    Take notice that on October 20, 2003, CAlifornians for Renewable
Energy, Inc. (CARE) (Complainant) submitted a complaint against
Calpine, a seller of long term contracts to the California Department
of Water Resources (CDWR), a buyer, collectively (Respondents) alleging
that the prices, terms, and conditions of such contracts are unjust and
unreasonable, Calpine and CDWR failed to file their rates pursuant to
Section 205 of the Federal Power Act (FPA), they abrogate the terms and
conditions under their revised contract 2 product 1 requiring
performance on specific construction milestones, to provide timely
status reports and, to the extent applicable, are not in the public
interest. Complainant alleges that Respondents obtained the prices,
terms, and conditions in the contracts through the exercise of market
power, in violation of the FPA, and that the rates charged do not serve
the ``public interest'' under the FPA and are in fact unduly
preferential and discriminatory against third party customers, and
impose an ``excessive burden'' on these customers among whom are CARE's
members who CARE is representing. Complaint alleges Respondents'
actions are causing injury to the citizens and ratepayers, including
CARE's members that CARE is representing.
    CARE states that copies of this filing were served upon Respondents
and other interested parties.
    Any person desiring to intervene or to protest this filing should
file with the Federal Energy Regulatory Commission, 888 First Street
NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Protests will be considered by the Commission in determining
the appropriate action to be taken, but will not serve to make
protestants parties to the proceeding. Any person wishing to become a
party must file a motion to intervene. All such motions or protests
should be filed on or before the comment date, and, to the extent
applicable, must be served on the applicant and on any other person
designated on the official service list. This filing is available for
review at the Commission or may be viewed on the Commission's web site
at http://www.ferc.gov, using the eLibrary (FERRIS) link. Enter the

docket number excluding the last three digits in the docket number
field to access the document. For assistance, please contact FERC
Online Support at FERCOnlineSupport@ferc.gov or toll-free at (866) 208-
3676, or for TTY, contact (202) 502-8659. Protests and interventions
may be filed electronically via the Internet in lieu of paper; see 18
CFR 385.2001(a)(1)(iii) and the instructions on the Commission's web
site under the ``e-Filing'' link. The Commission strongly encourages
electronic filings.
    Comment Date: November 10, 2003.

Linda Mitry,
Acting Secretary.
 [FR Doc. E3-00650 Filed 12-24-03; 8:45 am]

BILLING CODE 6717-01-P