III. Key Disputes

The key disputes among commenters are:

· Broad vs. narrow definitions. Whether the term "market participant" should be defined broadly to include many entities, or as narrowly as possible to increase the number of entities with access to confidential documents. Concomitantly, whether the term "non-market participant" should be defined narrowly or broadly.

· Relevant market. Which "market" is relevant to the term "market participant?" We address the wholesale and retail purchase and sale of energy/capacity in this decision.

· Type of staff affected. Which individuals within a market participant, if any, may have access to documents as reviewing representatives, and which may not?

· The role of consultants and attorneys who represent both market participants and non-market participants.

· Access by trade associations, and the status of particular associations who filed comments.

We discuss each of these items in turn below.