II. Background

The term "market participant" is derived from Pub. Util. Code § 454.5(g), which requires the Commission to develop rules to protect certain confidential information:

(g) The commission shall adopt appropriate procedures to ensure the confidentiality of any market sensitive information submitted in an electrical corporation's proposed procurement plan or resulting from or related to its approved procurement plan, including, but not limited to, proposed or executed power purchase agreements, data request responses, or consultant reports, or any combination, provided that the Office of Ratepayer Advocates¹ and other consumer groups that are non-market participants shall be provided access to this information under confidentiality procedures authorized by the commission. (Emphasis added.)

Defining "non-market participants" and its inverse, "market participants" is especially important now, because D.06-06-066 determined "[d]ata that are confidential may be kept from market participants altogether."² Thus, parties who want access to the utility and Energy Service Provider (ESP) procurement, resource adequacy and RPS data covered by D.06-06-066 are eager to establish that they are not market participants.

In D.06-06-066, the Commission asked parties to comment on the definitions of market participant and non-market participant. Southern California Edison Company (Edison), the Independent Energy Producers Association (IEP), Pacific Gas and Electric Company (PG&E), San Diego Gas & Electric Company (SDG&E), the California Large Energy Consumers Association (CLECA), The Utility Reform Network (TURN), the California Manufacturers and Technology Association (CMTA), and the Cogeneration Association of California/Energy Producers and Users Coalition (CAC/EPUC) filed opening comments on the issue, and CLECA, SDG&E, Edison, CMTA, Californians for Renewable Energy (CARE), CAC/EPUC, and the California Independent System Operator (CAISO) filed reply comments.

¹ The Office of Ratepayer Advocates is now the Division of Ratepayer Advocates (DRA).

² D.06-06-066, mimeo., ordering paragraph 9.