STATE OF CALFORNIA
`ELECTRICITY OVERSIGHT BOARD
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`Ciray Davis, Glovermor
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`May 1, 2002
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`Fid EXPRESS MAIL
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`Hon. Magalie R. Salas, Secretary
`Federal Energy Regulatory Commission
`888 First Street, NE
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`Washington, D.C, 20426
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`Re: California Electricity Oversight Board v. Sellers of Energy and Capacity Under
`Long-Term Contracts with the California Department of Water Resources
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`Docket Mo, ELD2-62-000 and ELD2-60-000 (consolidated)
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`Dear Ms. Salas:
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`Enclosed for filing in the above-docketed case, please find an original and 15 copies of a
`document entitled “NOTICE OF PARTIAL WITHDRAWAL OF COMPLAINT WITH
`PREJUDICE AS TO CALPINE ENERGY SERVICES, L.P." Please filc endorse one copy
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`of the Notice and relum it in the envelope provided.
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`Thank you for your assistance.
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`Sincerely,
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`N<t/
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`Grant A. Rosenblum
`Semor Staff Counsel
`Electricity Oversight Board
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`ce: Official Service List of Docket Mos. EL02-60-000 and EL0O2-62-000
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`tel 6322360 T L S0, Sunie 1250, Sacramento, TA 95814
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`O 305000451
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`ORIGINAL
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`UNITED STATES OF AMERICA
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`BEFORE THE
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`FEDERAL ENERGY REGULATORY COMMISSION
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`Public Utilities Commissicn of the State of
`Califorma,
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`Complainant,
`V.
`Allegheny Energy Supply Company, LLC, et al.,
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`Respondents.
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`California Electncity Oversight Board,
`Complamnant,
`V.
`Sellers of Encrgy and Capacity Under Long-Term
`Contracts with the California Department of
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`Water Resources,
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`F.espondents.
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`Docket No. EL02-60-000
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`Docket No. EL0O2-62-000
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`NOTICE OF PARTIAL WITHDRAWAL
`OF COMPLAINT WITH PREJUDICE AS TO
`CALPINE ENERGY SERVICES, L.P.
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`Pursuant to Rule 216(a) of the Rules of Practice and Procedure of the Federal Energy
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`Regulatory Commission (“FERC" or the “Commission”), 18 C.F.R. §§ 385.216(a), the
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`California Electricity Oversight Board (“CEQB™) hereby provides its Notice of Partial
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`Withdrawal with Prejudice of the Complaint filed in the above-referenced proceeding on
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`February 25, 2002, as to Calpine Energy Services, L.P. (“Calpine”) with whom the CEOB has
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`reached a resolution. By this Notice, the CEOB partially withdraws the Complaint only as to
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`Calpine and the CEOB does not withdraw the Complaint by this Notice as to any other
`Respondent(s).
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`The CEOB has reached a resolution with Calpine as to certain claims including the
`claims raised in the instant proceeding concerning Calpine’s contracts with the California
`Diepartment of Water Resources (“CDWR"). A complete description of these claims is set forth
`in paragraphs 4.1, 4.2, and 4.3 of the Settlement Agreement, as copy of which is attached to this
`Notice. In connection with the resolution of these issues, Calpine has executed renegotiated
`contracts with CDWR, which supersede and replace the challenged Calpine contracts attached 1o
`the CEOB’s Complaint as Exhibits 2, 3, and 4. The CEOB and Calpine desire to resolve certain
`matters by way of compromise rather than by litigation and to aveid future claims, including any
`future issues relating to the effectiveness, enforceability, validity or justness and reasonableness
`of the renegotiated contracts between Calpine and CDWR. The CEOB and Calpine have thus
`agreed o resolve such matters and to ensure the ongoing effectiveness and validity of the
`rencgotiated contracts, which became effective April 22, 2002,
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`WHEREFORE, the CEOB gives notice that it withdraws, with prejudice, the filing of its
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`Complaint against Calpine.
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`May 1, 2002
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`By:
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`Respectfully submitted,
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`ERIK M. SALTMARSH
`SIDNEY M. JUBIEN
`GRANT A. ROSENBLUM
`LISA V. WOLFE
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`45N/ -
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`ERIK N. SALTMARSH
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`770 L. Street, Suite 1250
`Sacramento, CA 95814
`Phone: (916) 322-8601
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`Altomeys for the
`California Electricity Oversight Board
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`CERTIFICATE OF SERVICE
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`I hereby certify that 1 have this day caused the foregoing document to be served
`upon all known parties in this proceeding by mailing by first-class mail a copy thereof
`properly addressed to cach such party.
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`Dated at Sacramento, California, this 1" day of May 2002.
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`=k
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`GRANT A. ROSENBLUM
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`12l 91632860 T L B0, Suine 1 2590, Sporamencs, C4 35414 Faw G632 2254
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