Requests to Intervene

On September 12, 2000, CE Generation, LLC (CE) petitioned to intervene for purposes of filing comments on the Phase 1 proposed decision issued on September 5, 2000 in this proceeding. The assigned ALJ denied that request arguing that CE had constructive notice of the issues through its membership in IEP. The ALJ provided that CE could participate in other aspects of the proceeding if it appeared at the appropriate public hearing to enter an appearance. No subsequent hearing has occurred. On December 5, 2000, CE again petitioned to intervene. We will grant CE's petition with respect to the outstanding petition to modify the Transition Formula and Phase 2, because deliberation on these issues is either in the early stages (and therefore there is no prejudice to CE's participation) or because these are issues which were not originally within the scope of the proceeding and therefore no constructive notice occurred. However, we continue to deny CE's request to participate in Phase 1 aspects of this proceeding.

Tractebel Power, Inc. (Tractebel) filed for leave to intervene on December 1, 2000. Tractebel owns Ripon Cogeneration, Inc., a holding company for two cogeneration facilities in California. Tractebel Energy Marketing, Inc. (TEMI) filed for leave to intervene on December 11, 2000. As we ruled for CE, we will grant Tractebel and TEMI's petitions to intervene with respect to commenting on the petition to modify the Transition Formula and related decisions, and Phase 2. However, this participation does not extend to commenting or participating on issues established as Phase 1 issues in the Scoping Memo for this proceeding.