ORIGINAL
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`TROUTMAN SANDERS LLP
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`ATTORMNETYS AT
`& LIMITED LEd Brguby @ g "
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`L A W
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`11860 STAOEY. A W
`FUITLE 599 EA%T
`WARHIHDTON,. B € fARRE-FF14
`TELEFHOWE: J85.5Ti-34e
`FACERMILE, 392-TT4-T917
`INTERAMET jeMiay Jabubisi@imesinsausndsry (@
`JEFFREY M JHUBLAK
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`February 22, 1999
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`H2-IT4- 2857
`Hon. David P. Boergers, Secretary =
`Federal Energy Regulatory Commission O -
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`B88 First Street, N.E. Lt ;
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`Washington, D.C. 20426 5
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`R
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`RE: New England Power Pool 5 L¥=d
`Dacket Nos, OA97-237-000, o B
`ER97-1079-000, ER9-3574-000, S
`QA97-608-000, ER97-4421-000 an 2
`and ER98-499-000
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`Dear Secretary Boergers:
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`Please accept for filing in the above-referenced dockets an original and 14 copies of the
`“Motion for Leave to Intervene Out of Time of Southem Energy New England, L.L.C., Southern
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`Energy Kendall, L.L.C. and Southern Energy Canal, L.L.C." Enclosed are two extra copies;
`please date/time stamp the same and provide them to the courier in attendance.
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`Any questions regarding this filing should be directed to the undersigned. Thank you for
`your anticipated cooperation regarding this matter.
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`Very Truly Yours,
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`Jeffrey M. Jakubiak
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`Attorney for Southern Energy New England, L.L.C.
`Southern Energy Kendall, L.L.C. and
`Southem Energy Canal, L.L.C.
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`cc: Hon. Lawrence Brenner, Presiding Administrative Law Judge (2 copies)
`All Parties
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`FERC DOCRETRD
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`FEB 2 2 1999
`05022362 %% 7
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`ORIGINAL
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`UNITED STATES OF AMERICA EIED
`BEFORE THE WRWL Y DE SECRETARY
`FEDERAL ENERGY REGULATORY COMMI
`sfl?PF& 22 PH 2: 25
`Ft
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`} Docket Mos. GAW-ET;F‘ijWT:.' ind
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`} ERG7-107%-000,
`New England Power Pool } ER97-3574-000,
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`) QAS7-608-000,
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`| ER97-4421-00:0 and
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`) ER98-499-000
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`MOTION FOR LEAVE TO INTERVENE OUT OF TIME
`OF SOUTHERN ENERGY NEW ENGLAND, L.L.C., SOUTHERN
`ENERGY KENDALL, L.L.C. AND SOUTHERN ENERGY CANAL, L.L.C.
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`To: The Honorable Lawrence Brenner
`Presiding Administrative Law Judge
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`L COMMUNICATIONS
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`Pursuant to Rules 212 and 214({d) of the Federal Encrgy Regulatory Commission’s
`(“FERC" or the “Commission™) Rules of Practice and Procedure, 18 C.F.R. §§ 385.212 &
`383.214(d) (1998), Southern Energy New England, L.L.C. (“SENE"), Southern Energy Kendall,
`L.L.C. ("Southern Kendall") and Southern Energy Canal, L.L.C. (“Southern Canal”)
`(collectively, the “Southem Entities”) jointly file this Motion for Leave to Intervene Out of Time
`("Motion for Leave to Intervene”) in the above-referenced proceedings and, in support, state as
`follows:
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`The persons to whom correspondence, pleadings and other papers regarding these
`proceedings should be addressed and whose names are to be placed on the Commission’s official
`service list on behalf of the Southern Entities are designated as follows, in accordance with Rule
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`203, 18 C.F.R. § 385.203;
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`FERC DOCKETED
`FEB 2 2 1999
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`Henry T. Coolidge William B. Conway, Ir., Esg.
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`President James C. Beh, Esq.
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`Southem Energy New England, L.L.C. Jeffrey M. Jakubiak, Esq.
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`9 Freezer Road Troutman Sanders LLP
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`Sandwich, MA 02563 1300 [ Street, N.W,
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`(508) 833-8522 Suite 500 East
`Washington, D.C. 20003
`(202) 274-2950
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`1L DESCRIPFTION OF THE PARTIES
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`SENE is a Delaware limited liability company engaged in the marketing and brokering of
`electric energy and capacily as a power marketer. SENE is a subsidiary of SEI New England
`Holding Corp. (“SEI New England Holding™) and SEI New England, Inc. (“SEI New England™),
`which each own a direct 50% membership interest in SENE. SEI New England Holding and SEI
`New England are indirect, wholly-owned subsidiaries of Southern Energy, Inc., a Delaware
`corporation, which in tarn is a wholly-owned subsidiary of The Southem Company (“Southern™),
`a registered holding company under the Public Utility Holding Company Act of 1935
`(“PUHCA").
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`Southem Kendall is a Delaware limited liability company with a direct 100% ownership
`interest in a 113 MW oil/gas-fired generating facility and certain related equipment located in
`Cambridge, Massachusetts. Southern Kendall acquired this facility from Cambridge Electric
`Light Company, a subsidiary of Commonwealth Energy System, on December 30, 1998, A
`direct 99% membership interest in Southern Kendall is owned by SENE. The remaining 1%
`membership interest is owned by SEI New England Holding.
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`Southem Canal 15 a Delaware limited liability company with a direct 100% ownership
`interest in the following facilities: (1) a two-unit oil/gas-fired generating facility with an installed
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`capacity of 1131 MW located in Sandwich, Massachusetts and (2) two diesel-fired generating
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`facilities with an installed capacity of 13.8 MW located on Martha's Vineyard, Massachusetts.
`Southern Canal also owns a 1.4325% interest (equaling approximately 8.9 MW per year of
`installed capacity) in the William F. Wyman Unit 4 generating facility located in Yarmouth,
`Maine. Southern Canal acquired these assets from subsidiaries of Commonwealth Energy
`System and from Montaup Electric Company, a subsidiary of Eastern Uility Associates, on
`December 30, 1998, A direct 99% membership interest in Southern Canal is owned by SENE.
`The remaining 1% membership interest is owned by SEI New England Holding,
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`The Southern Entities have been granted market rate authority by the Commission. See
`Cambridge Electric Light Company, et al., 85 FERC § 61,217 (1998). They are members of the
`New England Power Pool (“NEPOOL") and their generation and transmission activities are
`subject to the control of ISO New England, Inc. (“ISO-NE™). See New England Power Pool, 79
`FERC ¥ 61,374 (1997),
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`Ill. MOTION FOR LEAVE TO INTERVENE OUT OF TIME
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`On December 31, 1996, and supplemented several times thereafter, NEPOOL filed with
`FERC, under Sections 205 and 206 of the Federal Power Act, a Thirty-Third Amendment to the
`NEPOOL Agreement, which includes a comprehensive proposal to restructure NEPOOL in
`compliance with FERC's Open Access Rule.' On May 8, 1998, Presiding Administrative Law
`Judge Liebman adopted a Procedural Schedule in this matter. Dates under this schedule, as
`modified, which have not passed are (1) those for FERC staff and intervenors to file prehearing
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`briefs, and witness and exhibit lists, (2) that for holding a prehearing conference, and (3) that for
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`' Promoting Whalesale Competition Through Open Access Non-diseriminatory Transmission Services by Public
`Utilities; Recovery of Stranded Costs by Public Utilittes and Transmitting Utilities; Order No. 888, 61 Fed. Reg.
`21,540 (1996), FERC Stats. & Regs. § 31,036 (1996), order on reh’g, Order Mo, 388-A, 62 Fed, Reg, 12.274
`(1997), FERC Stats. & Regs. 7 31,048, order on reh g, Order No. 858-B, 81 FERC § 61,248 (1997), order on rek g,
`Order No. 888-C, 82 FERC Y 61,046 (1998).
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`holding a formal hearing before Hon. Lawrence Brenner (the current Presiding ALJ for these
`proceedings).
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`The Southern Entities jointly move to intervene in these proceedings and submit that
`goodd cause exists to grant this motion. First and foremost, the Southem Entities are members of
`NEPOOL, and they possess assets subject to ISO-NE oversight and transmit power over lines
`subject to control of [SO-NE. As a result, the Southern Entities’ interests will be directly
`impacted by the outcome of these proceedings. Second, the Southern Entities acquired their
`interests in the aforementioned facilities only after the various deadlines for submission of timely
`motions to intervene had passed. Thus, their direct interest in the proceedings’ outcome did not
`accrue until after the filing deadlines.
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`The Southemn Entities’ interests in the proceedings cannot be adequately represented by
`any other party. The Southern Entities are prepared to accept the record and abide by the
`procedural schedule in these proceedings as they now stand. Granting the Southern Entities’
`Motion for Leave to Intervene in these proceedings will neither disrupt the proceedings nor will
`it result in any prejudice to the other parties to the proceedings. Furthermore, granting the
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`Southern Entities late intervention at this stage will not unduly delay the proceedings.
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`1V, CONCLUSION
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`WHEREFORE, for the foregoing reasons, Southem Energy Mew England, L.L.C.,
`Southern Energy Kendall, L.L.C. and Southern Energy Canal, L.L.C. respectfully request that the
`Presiding Judge grant their Motion for Leave to Intervene and crder that they be allowed to
`participate fully as parties to these procesdings.
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`Respectfully submitted,
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`William B. Conway, Jr,
`James C. Beh, Esq.
`Jeffrey M. Jakubiak
`Troutman Sanders LLP
`1300 1 Street, N.W.
`Suite 500 East
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`Washington D.C. 2003
`(202) 274-2950
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`Attorneys for Southern Energy New England, L.L.C,
`Southern Encrgy Kendall, L.L.C. and
`Southem Energy Canal, L.L.C.
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`Dated: February 22, 1999
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`T F Ll
`| hereby certify that I have this day served, by first class mail, a copy of the foregoing
`document on each party named in the official service list in these proceedings.
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`Dated at Washington, D.C., this 22™ day of February, 1999,
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`Pth, & Bz,
`Jeffrey M. Jakubiak
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`Troutman Sanders LLP
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`1300 1 Street, MW,
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`Suite 500 East
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`Washington, D.C. 20005
`(202) 274-2950
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