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My boss sent me this along with a copy of Devon Power LLC, et al vs. Docket
No. ER03-563-030, et al, the ANSWER OF MASSACHUSETTS MUNICIPAL WHOLESALE
ELECTRIC COMPANY AND CONNECTICUT MUNICIPAL ELECTRIC ENERGY COOPERATIVE IN
SUPPORT OF COMMISSION TRIAL STAFF'S MOTION TO COMPEL RESPONSES TO DATA
REQUESTS.

First time anything's every hit this close to home.  Any comments welcome.

Respectfully submitted,


Tracey Ann Black
Records Administrator, MMWEC
www.mmwec.org
mailto:[log in to unmask]
1-413-589-0141 x272

>  -----Original Message-----
> From:         David Tuohey
> Sent: Friday, August 20, 2004 1:24 PM
> To:   Tracey Black
> Subject:      ISO e-mail
>
>
>
> FERC pushed to make ISO New England produce LICAP data
> Power Daily Northeast, 8/18/04
> A number of utilities and other parties in a proceeding on the adoption of
> locational installed capacity in New England have asked FERC to make ISO
> New England produce the material relevant to its LICAP proposal.
> ISO New England has produced a "data dump," the complainant said, "which
> does not provide for meaningful discovery by parties to this proceeding."
> The parties have said that ISO New England has not responded to their
> requests but "simply has made available to requesting parties, via an
> electronic data room and a physical data room, materials that it has
> selected related to the development of its LICAP proposal." Although ISO
> New England has divided the materials into four broad categories -
> capacity transfer limits, capacity transfer rights, demand curve
> parameters and general or multiple subjects - the ISO hasn't said which
> documents are relevant to particular requests, the parties said.
> "Movants are expected to sift through these large volumes of documents to
> determine what materials would be responsive to their specific requests."
> The failure of the ISO to respond to their requests will "impede the
> development of a full and complete record in this proceeding." the parties
> said, asking FERC to delay its decision to issue in June 2005 an initial
> ruling on ISO New England's proposed LICAP market until the full amount of
> time has been given in the hearing to the proposal.
> Nstar, National Grid, Strategic Energy, The Energy Consortium, an industry
> group and state officials from Rhode Island and Massachusetts have
> protested ISO New England's treatment of their requests for data. ISO New
> England, with one exception, has objected to all their requests for data,
> the parties said in their Aug. 16 motion to FERC to compel the production
> of data from the ISO.
> The companies and state officials said that ISO New England claimed that
> the requests "were either overly broad, unduly burdensome, vague or beyond
> the scope of the issues set for hearing. The ISO New England also refused
> to respond to discovery requests seeking analyses or discussions of the
> March 1 filing [of its LICAP proposal]. Further, the ISO New England
> declined to produce any e-mails."
> The complainants have said that the ISO's tactics are "obstructionist" and
> "misguided" and that legal precedent has held that the burden of producing
> the documents in a discovery request "belongs to the party upon whom the
> discovery is served."
> Furthermore, the party that is producing the relevant materials must
> produce them in an organized fashion and labeled. "A responding party is
> supposed to facilitate discovery, not hamper it," they said. The parties
> have called the LICAP proposal "a convoluted LICAP mechanism" and urged
> FERC to allow appropriate time for discovery.
> --------------------------------------------------------------------------
> --
>

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