1 LOUISE H. RENNE (36508)
San Francisco City Attorney
2 OWEN J. CLEMENTS (141805)
Chief of Special Litigation
3 D. CAMERON BAKER (154432)
THERESA L. MUELLER (172681)
4 Deputy City Attorneys
1390 Market Street, 6th Floor
5 San Francisco, CA 94102-5408
Telephone 415/554-3800
6 MILBERG WEISS BERSHAD
7 HYNES & LERACH LLP
LEONARD B. SIMON (58310)
8 PATRICK J. COUGHLIN (111070)
FRANK J. JANECEK, JR. (156306)
9 EX KANO S. SAMS II (192936)
100 Pine Street, Suite 2600
10 San Francisco, CA 94111
Telephone: 415/288-4545
11 Attorneys for Plaintiff
12 SUPERIOR COURT OF THE STATE OF CALIFORNIA
13 COUNTY OF SAN FRANCISCO
14 THE PEOPLE OF THE STATE OF ) Case No.
CALIFORNIA, by and through San Francisco )
15 City Attorney Louise H. Renne, ) COMPLAINT FOR UNFAIR, UNLAWFUL
) AND DECEPTIVE TRADE PRACTICES IN
16 Plaintiff, ) VIOLATION OF BUSINESS AND
) PROFESSIONS CODE §§17200, et seq.
17 vs. ))
18 DYNEGY POWER MARKETING, INC., )
ENRON ENERGY SERVICES, INC., ENRON )
19 POWER MARKETING, INC., PG&E ENERGY ) (07) Business tort/Unfair business
TRADING HOLDING CORPORATION, ) practice
20 RELIANT ENERGY SERVICES, INC., )
SEMPRA ENERGY TRADING )
21 CORPORATION, SEMPRA ENERGY )
RESOURCES, SOUTHERN COMPANY )
22 ENERGY MARKETING L.P., WILLIAMS )
ENERGY MARKETING AND TRADING )
23 COMPANY, DUKE ENERGY TRADING AND )
MARKETING, LLC, NRG ENERGY, INC., )
24 MORGAN STANLEY CAPITAL GROUP, )
INC., AND DOES 1 THROUGH 200, )
25 INCLUSIVE. ))
26 Defendants. ))
27
COMPLAINT
SNIPPETS:
San Francisco, CA 94102-5408 Telephone 415/554-3800
19 POWER MARKETING, INC., PG&E ENERGY) Business tort/Unfair business
This Court also has jurisdiction in that plaintiff's claims are brought under California's
Competition Act
contacts within California, is a citizen of California, or otherwise intentionally avails
market either through the distribution, sale or trade of energy in the State of California or
12 Court is a court of competent jurisdiction, defendants conduct substantial business in
The acts upon which this action is based occurred in part
18 injuries that were sustained and are being sustained as a result of defendants' unlawful
20 wholesale energy.
21 injuries suffered and being suffered by retail and wholesale consumers due to defendants'
22 wholesale energy prices.
plaintiff alleges that defendants unlawfully manipulated the
24 Power Exchange and the California Independent System Operator.
pricing and demand, and combining to raise the "market clearing bid" for electric energy on
As a result of defendants' conduct, retail and wholesale consumers have paid
18 unfair business practices have defeated the goals of A.B. 1890.
As a result of the defendants' anti19 competitive scheme, the rates for wholesale electricity
in Houston, Texas, directly or indirectly generates and sells electricity in the PX and ISO
Marketing is a certified scheduling coordinator on the ISO.
in Houston, Texas, that sells and trades electricity in the PX and ISO markets.
22 Energy Trading is a subsidiary of Sempra Energy.
21 purchasers of electricity submit bids for the price and quantity of energy they are
the SCs call into the ISO the route on the transmission grid
Professions Code §17200's proscription against engaging in unlawful business acts and
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