1 BILL LOCKYER, Attorney General
of the State of California
r 1 PETER SIGGINS
Chief Deputy Attorney General
`: RICHARD FRANK
Chief Assistant Attorney General
4 MORRIS BEATUS
Acting Assistant Attorney General
4
I KEN ALEX
Supervising Deputy Attorney General
6 PAMELA MERCHANT (SBN 2 13 169)
Special Deputy Attorney General
7 PAUL STEIN (SBN 184956)
Deputy Attorney General
8 LAURA ZUCKERMAN (SBN 16 1896)
Deputy Attorney General
9 455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102
10
11
12 Attorneys for People of the State of California
ex rd. Bill Lockyer, Attorney General of the State of California
13
14 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 FOR THE COUNTY OF SAN FRANCISCO
16
17 PEOPLE OF THE STATE OF CALIFORNIA ex rel. Case No.:
BILL LOCKYER, ATTORNEY GENERAL OF THE
1s STATE OF CALIFORNIA,
19 Plaintiffs, COMPLAINT
RESTITUTION,
20 V. PENALTIES,
AND OTHER
21 DYNEGY, INC.; DYNEGY POWER MARKETING, ANCILLARY
INC.; NRG ENERGY, INC.; XCEL ENERGY, INC.;
22 WEST COAST POWER, L.L.C; CABRILLO (California
POWER I, L.L.C.; CABRILLO POWER II, L.L.C.; Code $
23 EL SEGUNDO POWER, L.L.C.; LONG BEACH
GENERATION, L.L.C.; and DOES l-100,
24
25 Defendants.
26
27 The People of the State of California ex rel. Bill Lockyer, Attorney
2s )f California, allege the following on information and belief:
SNIPPETS:
Attorney General of the State of California r 1 PETER SIGGINS
Acting Assistant Attorney General
PAMELA MERCHANT (SBN 2 13 169)
INC.; NRG ENERGY, INC.; XCEL ENERGY, INC.;
Complaint for Restitution, Civil Penalties, Injunction, and Other Equitable and Ancillary
Defendants have conspired to engage in, and have engaged in, a scheme to violate the rules of
IS0 market and to tortiously convert property to which the IS0 has an exclusive possessory
I all to the detriment of the reliability of the California electricity market and
sold the same capacity into the lucrative "spot" market for wholesale power.
Plaintiff seeks an injunction requiring defendants to cease I-' I and desist from committing
Plaintiff also seeks an Order 1' imposing restitution, disgorgement, and civil penalties.
The Encina facility consists of six separate generating units r L with a combined capacity of
Participating Generator Agreement with the IS0 on or about February 3,
11 CABRILLO II acquired from San Diego Gas & Electric Company ten separate electricity
20 SEGUNDO acquired from Southern California Edison Company ten separate electricity
LONG BEACH acquired from Southern California Edison Company eleven separate electricity `:
11 successor entities, "DYNEGY POWER MARKETING") f ormerly Electric Clearinghouse, Inc.,
22 state of Delaware and is a joint venture between defendants Dynegy, Inc. and NRG Energy,
XCEL ENERGY is an electricity and natural gas energy
23 County of San Francisco.
or "reserve capacity") through various market auction processes.
energy and Ancillary Services bought and sold in these markets to keep generation
20 providing Ancillary Service capacity must, as a matter of law, follow IS0 dispatch
|
