In the Matter of:                           )     Docket No. 99-AFC-3
                                            )
Application for Certification for the       )     COMMITTEE RULING RE: CARE
Metcalf Energy Center [Calpine Corporation  )     MOTION to DISQUALIFY CAL ISO
and Bechtel Enterprises, Inc.]              )
____________________________________________)

I. BACKGROUND

On October 20, 2000, Intervenor Californians for Renewable Energy (CARE) apparently filed a "Motion to Disqualify evidence in the record, and expert testimony from Cal ISO during their pending investigation by the California Attorney General and FERC, for 'Gaming'" (Motion). On October 27, 2000, CARE apparently filed a related document entitled "Further Evidence Supporting CARE's Motion to Disqualify", etc. CARE also provided supplemental materials supporting the Motion. We did not receive any of these items until November 20, 2000.

In its Motion, CARE essentially contends that:

1. we should not consider or receive any evidence or statements from the California Independent System Operator (Cal ISO) during the "pending investigation" by the Attorney General and the Federal Energy Regulatory Commission (FERC); and

2. the Energy Commission should find that "...the wholesale [electricity] markets in California are not currently workably competitive..." and take appropriate action. (Motion, p. 1.)

II. DISCUSSION

The matters raised in CARE's Motion are currently speculative, uncertain, and not within our jurisdiction to resolve. As CARE notes, the electricity market situation is being evaluated by the appropriate governmental entities. CARE is also apparently participating in the processes of these other venues and may examine any Cal ISO witness testifying in our hearings. Therefore, we will evaluate statements and/or evidence offered by the Cal ISO in conjunction with other evidence adduced during this proceeding.

III. RULING

CARE's Motion is denied.

Date On Line: November 22, 2000

ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION

ROBERT A. LAURIE, Commissioner
Presiding Member
Metcalf AFC Committee

WILLIAM J. KEESE, Chairman
Associate Member
Metcalf AFC Committee

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