----- Forwarded by Susan J Mara/NA/Enron on 12/18/2000 02:02 PM -----

	"Woertz, Byron" <BWoertz@caiso.com>
	Sent by: "Grant, Colleen" <CGrant@caiso.com>
	12/18/2000 01:41 PM
	Please respond to "Sole, Jeanne"
		 
		 To: ISO Market Participants 
<IMCEAEX-_O=CAISO_OU=CORPORATE_CN=DISTRIBUTION+20LISTS_CN=ISO+20MARKET+20PARTI
CIPANTS@caiso.com>
		 cc: 
		 Subject: CAISO NOTICE: Bureau of State Audits supoena and document reques t

 
 
 

Market Participants and Scheduling Coordinators: 

On December 4, 2000, the ISO provided notice regarding the subpoena and
document request it received from the Bureau of State Audits ("Bureau") for
information that is confidential under ISO Tariff Section 20.3.2.  This
notices requests Market Participants to treat the detailed data request
issued by the State Auditor as confidential.  In addition this notice
updates Market Participants on the ISO's schedule for compliance with the
State Auditor's subpoena and data request.

The December 4 notice included a detailed data request.  The State Auditor
has informed the ISO that it considers the detailed data request to be a
confidential document and has asked the ISO to inform Market Participants
that received the detailed data request that they should treat the document
as confidential.  The ISO hereby informs Market Participants on behalf of
the State Auditor that the detailed data request should be treated as a
confidential document.

The December 4 notice indicated that the ISO will seek protection for
information subject to Section 20.3.4 under the Confidentiality Agreement
executed by the ISO and the Bureau. The notice requested that any concerns
relating to the Bureau's subpoena and/or document request be communicated to
the ISO by 9:00 a.m., December 8th. In response to the notice, several
market participants have objected to disclosure of confidential information
to the Bureau. 

Section 20.3.4 of the ISO Tariff provides, in pertinent part, that: "The
Market Participant may, at its sole discretion and own cost, direct any
challenge to or defense against the disclosure requirement and the ISO shall
cooperate with such affected Market Participant to the maximum extent
practicable to minimize disclosure of the information consistent with
applicable law." In accordance with that provision, objecting Market
Participants have the responsibility to pursue more restrictive
confidentiality protections to the extent they are disatisfied with the
protections in place.  Accordingly, the ISO through this notice places
Market Participant's on notice that it will release confidential information
requested by the State Auditor by the end of this week, if it does not
receive an order to the contrary from a Court or the Federal Energy
Regulatory Commission by close of business Thursday December 21.  

The Bureau contact related to the subpoena and document request is Sharon
Smagala who can be reached at (916) 445-0255 or sharons@bsa.ca.gov. 

Generally, Market Participants wishing to contact the ISO in regard to the
State Auditor request should direct  correspondence and calls to Beth Ann
Burns at 916-608-7146 bburns@caiso.com <mailto:bburns@caiso.com>   with
copies to Charlie Robinson at crobinson@caiso.com
<mailto:crobinson@caiso.com>  and Norma Formanek at nformanek@fbm.com
<mailto:nformanek@fbm.com> .   This week, due to holiday vacations, Market
Participants should contact Jeanne Sol, 916-608-7144 jsole@caiso.com
<mailto:jsole@caiso.com>  with copies to Beth Ann Burns,  bburns@caiso.com
<mailto:bburns@caiso.com> , Charlie Robinson at crobinson@caiso.com
<mailto:crobinson@caiso.com>  and Norma Formanek at nformanek@fbm.com
<mailto:nformanek@fbm.com> .  

Jeanne M. Sol, 
Regulatory Counsel 
California ISO 
(916) 608-7144
____________________________________________________________________________
_______________________________________ 

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