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Enron Mail |
It looks like de-registering as an ESP is, in fact, a good option. It would
certainly make life easier from a compliance standpoint. Christian, would you run this by your business guys just to make sure that they don't plan to serve small commercials under 20 KW? Thanks! Janet ----- Forwarded by Janet H Moore/HOU/ECT on 05/30/2001 08:36 AM ----- MDay <MDay@GMSSR.com< 05/29/2001 01:55 PM To: "'Janet.H.Moore@enron.com'" <Janet.H.Moore@enron.com< cc: Subject: RE: Registered versus Non-Registered ESPs in California Janet, EPMI originally registered with the CPUC as required because EPMI was the entity who actually contracted with all of Enron's retail customers for service, including residential and small commercial, as well as larger customers. Later, EPMI transferred virtually all its customers to EES, who was also registered as an ESP. Our information is that EPMI still serves at least one industrial customer -- the Can Fiber plant -- as well as possibly others. We agree that EPMI could reduce its regulatory compliance burdens by deregistering as an ESP, so long as it did not intend to serve any customers under 20 kW. As I explained, EES has occasionally found it necessary to serve customers of less than 20 kW in order to obtain larger accounts. This is not a problem with certain chain stores, ie. a fast food restaurant, where several stores are over the 20 kW limit and a few are not. In that situation, the CPUC has clarified that compliance with the small customer consumer protection rules is not required, However, EES has also been asked to serve residential customers, such as employees and executives, in order to get a large customer account. We would not advise serving any such customers without a valid ESP registration. If, as you suggest, EPMI is,and expects to remain, in a position where it will not consent to serve such small customers, then de-registration is an option. Please let us know if there is anything further we can do to assist you in this matter. Mike Day -----Original Message----- From: Janet.H.Moore@enron.com [mailto:Janet.H.Moore@enron.com] Sent: Tuesday, May 29, 2001 8:55 AM To: mday@gmssr.com Cc: Christian.Yoder@enron.com Subject: Registered versus Non-Registered ESPs in California Mike: Per my voicemail, I am forwarding to you an email from an attorney at LeBoeuf. As mentioned, LeBoeuf has been helping us develop an overall compliance plan for meeting the varied retail regulatory requirements in the states where EPMI sells to industrials. They came up with the suggestion, as discussed further below, of having EPMI deregister as an ESP in California, and instead become a non-registered ESP. I understand that EPMI could still sell to large industrials under this classification. First, can you remember the historical reason of why EPMI registered as an ESP to begin with, but with the qualification that it only intended to serve large industrials? There may have been an important strategic decision to do so. Second, is there any reason why EPMI should not deregister as an ESP and become a non-registered ESP? I look forward to hearing from you. Please feel free to call me at 713-345-7400. Janet ----- Forwarded by Janet H Moore/HOU/ECT on 05/29/2001 10:28 AM ----- "JAMES BOOTHE" To: janet.h.moore@enron.com <JBOOTHE@LLGM cc: marianne.castano@enron.com, "CHRISTOPHER HILEN" .COM< <CHILEN@LLGM.COM<, "JOHN KLAUBERG" <JKLAUBER@LLGM.COM<, "JOHN MAAS" <JMAAS@LLGM.COM<, "SANDY COFER" <SCOFER@LLGM.COM< 05/23/2001 Subject: Registered versus Non-Registered ESPs in California 02:19 PM Janet, As you know, EPMI is currently classified with the California Public Utilities Commission ("CPUC") as a "Registered ESP" (ESP # 1086). EPMI may want to consider de-registering with the CPUC and, instead, benefit from classification as a "Non-Registered ESP". I have confirmed that an ESP must only register with the CPUC prior to serving residential and small commercial customers. The CPUC defines a "small commercial customer" as a customer that has a maximum peak demand of less than 20 kW per meter for at least 9 billing periods during the most recent 12 month period (See C.P.U.C. o 331(h) and PG&E Tariff, Rule 22). As EPMI has indicated in its license application that it only intends to serve large commercial customers and, per our discussions, does not have immediate plans to serve small commercial customers, EPMI may elect to de-register and become a Non-Registered ESP. The primary advantage of de-registering is that EPMI, as a Non-Registered ESP, would no longer have continued reporting and compliance requirements with the CPUC, including the annual submission of a standard service plan filing, application update and license renewal. Additionally, as a Non-Registered ESP, EPMI would no longer have the ongoing obligation to notify the CPUC within 5 days of changes in address or phone numbers and to notify the CPUC of all other "material changes", including changes to officers and directors, within 60 days. I have confirmed with a contact at the energy division of the CPUC, on an anonymous basis, that a Registered ESP can de-register with the CPUC by sending a letter to the address below requesting cancellation of ESP registration status. California Public Utilities Commission Energy Division - Electric Service Provider Registration Fourth Floor 505 Van Ness Avenue San Francisco, CA 94102 Our source at the CPUC also confirmed that the CPUC exercises no regulatory jurisdiction over a Non-Registered ESP. Non-Registered ESPs, however, can file a complaint at the CPUC against a jurisdictional utility over issues dealing with the utility's compliance with its tariffs with respect to ESPs. Please note that while Non-Registered ESPs do not have ongoing reporting and compliance requirements with the CPUC, both Registered ESPs and Non-Registered ESPs must submit various environmental compliance filings with the California Energy Commission and, if participating in the Green-e Program, make additional filings with the Center for Resource Solutions. For additional information on these reporting and compliance requirements for Registered ESPs and Non-Registered ESPs in California, please refer to the LLGM website at http://web-2.interliant.com/llgm/ENRON/llgm.nsf. If you have any questions about reporting requirements in California, the de-registering process or would like our assistance with this process, please contact me at 415.951.1137 or Sandy Cofer at 713.287.2002. Regards, Jim James A. Boothe One Embarcadero Center, Suite 400 San Francisco, California 94111 (415) 951-1137 jboothe@llgm.com ============================================================================ == This e-mail, including attachments, contains information that is confidential and may be protected by the attorney/client or other privileges. This e-mail, including attachments, constitutes non-public information intended to be conveyed only to the designated recipient(s). If you are not an intended recipient, please delete this e-mail, including attachments, and notify me. The unauthorized use, dissemination, distribution or reproduction of this e-mail, including attachments, is prohibited and may be unlawful. ============================================================================ ==
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