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COM/DGX/avs Mailed 12/15/2006
Decision 06-12-030 December 14, 2006
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
(Filed June 30, 2005)
TABLE OF CONTENTS
DECISION DEFINING "MARKET PARTICIPANT" AND "NON-MARKET PARTICIPANT" FOR THE PURPOSES OF ACCESS TO CONFIDENTIAL DOCUMENTS 22
Findings of Fact 4646
Conclusions of Law 4949
DECISION DEFINING "MARKET PARTICIPANT" AND
"NON-MARKET PARTICIPANT" FOR THE PURPOSES
OF ACCESS TO CONFIDENTIAL DOCUMENTS
This decision addresses one issue left open for consideration in Decision (D.) 06-06-066: which individuals and entities are "market participants" and which are "non-market participants" for purposes of having access to confidential electric procurement, resource adequacy and renewables portfolio standard (RPS) data under Pub. Util. Code § 454.5(g). We adopt the following definition of "market participant" for purposes of access to "market sensitive" procurement data covered by § 454.5(g) and/or D.06-06-066:
A "market participant" is
1) A person or entity, or an employee of an entity, that engages in the wholesale purchase, sale or marketing of energy or capacity, or the bidding on or purchasing of power plants, or bidding on utility procurement solicitations, or consulting on such matters, subject to the limitations in 3) below.
2) A trade association or similar organization, or an employee of such organization,
a) whose primary focus in proceedings at the Commission is to advocate for persons/entities that purchase, sell or market energy or capacity at wholesale; bid on, own, or purchase power plants; or bid on utility procurement solicitations; or
b) a majority of whose members purchase, sell or market energy or capacity at wholesale; bid on, own, or purchase power plants; or bid on utility procurement solicitations; or
c) formed for the purpose of obtaining market sensitive information; or
d) controlled or primarily funded by a person or entity whose primary purpose is to purchase, sell or market energy or capacity at wholesale; bid on, own, or purchase power plants; or bid on utility procurement solicitations.
3) A person or entity that meets the criteria of 1) above is nonetheless not a market participant for purpose of access to market sensitive data unless the person/entity seeking access to market sensitive information has the potential to materially affect the price paid or received for electricity if in possession of such information. An entity will be considered not to have such potential if:
a) the person or entity's participation in the California electricity market is de minimis in nature. In the resource adequacy proceeding (R.05-12-013) it was determined in D.06-06-064 § 3.3.2 that the resource adequacy requirement should be rounded to the nearest megawatt (MW), and load serving entities (LSEs) with local resource adequacy requirements less than 1 MW are not required to make a showing. Therefore, a de minimis amount of energy would be less than 1 MW of capacity per year, and/or an equivalent of energy; and/or
b) the person or entity has no ability to dictate the price of electricity it purchases or sells because such price is set by a process over which the person or entity has no control, i.e., where the prices for power put to the grid are completely overseen by the Commission, such as subject to a standard offer contract or tariff price. A person or entity that currently has no ability to dictate the price of electricity it purchases or sells under this section, but that will have such ability within one year because its contract is expiring or other circumstances are changing, does not meet this exception; and/or
c) the person or entity is a cogenerator that consumes all the power it generates in its own industrial and commercial processes, if it can establish a legitimate need for market sensitive information.
We adopt the following definition of "non-market participant":
Persons or entities that do not meet the definition of market participant are non-market participants, and may have access to market sensitive information. It is proper to require such non-market participants to sign a nondisclosure agreement or to be bound by a protective order prohibiting the disclosure of information to market participants.