On the recordJuly 28, 2005
as Chairman of the Conference, I would like to clarify a point regarding section 1233, ``Native Load''. It is my understanding that section 1233 does not affect the Commission's authority under sections 205 and 206 of the Federal Power Act to ensure that rates are just and reasonable, and not unduly discriminatory or preferential. refund authority As Chairman of the Conference, I would also like to clarify a point regarding section 1286, ``Refund Authority''. This section provides the Federal Energy Regulatory Commission with authority to order refunds from overcharges on sales by large municipal utilities. I understand the phrase ``organized markets'', and possibly other related words following that phrase, may be ambiguous. I believe the FERC should carefully consider the purposes of this section when interpreting those words. That purpose is to protect all consumers from exorbitant electricity prices, regardless of whether the seller is a fully regulated public utility or, in the case of this provision, a publicly owned and only partially regulated utility. The impact and the injury from the exorbitant price is equally injurious and equally in need of redress. Therefore, I urge the Commission to give the words in question real meaning and to note that the Congress could have chosen other words, such as auction market or ISO or RTO managed market, to convey a more narrow and specific scope.…
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