{"document":{"slug":"filing-20260803-5227","title":"Conditional Motion for Abeyance on Behalf of the Cities of Anaheim, Azusa, Banning, Colton, Pasadena, and Riverside, California,","issued":"2026-08-03","accession":"20260803-5227","docket":"EL26-71-000","group":"CAISO filings","filer":"Six Cities CA","kind":"motion","file":"sources/originals/20260803-5227_01.pdf","url":"https://elibrary.ferc.gov/eLibrary/filelist?accession_Number=20260803-5227","sha256":"eb181e3eee2a62c7ddcddb1c1e525a55ada39317bf6357eccd911bb740d5dc9e","pages":6,"tokens":1368,"emptyPages":[]},"pages":[{"page":1,"startToken":0,"endToken":168,"text":"- 1 - \nUNITED STATES OF AMERICA \nBEFORE THE \nFEDERAL ENERGY REGULATORY COMMISSION \n \n \nCalifornia Independent System Operator \nCorporation \nCitizen S-Line Transmission LLC  \nCitizens Sunrise Transmission LLC  \nCitizens Sycamore-Penasquitos \nTransmission LLC  \nCity of Anaheim, California  \nCity of Azusa, California  \nCity of Banning, California  \nCity of Colton, California  \nCity of Pasadena, California  \nCity of Riverside, California \nDCR Transmission, L.L.C.  \nDesertLink, LLC  \nGridLiance West LLC  \nHorizon West Transmission, LLC \nLS Power Grid California, LLC  \nMorongo Transmission LLC  \nPacific Gas and Electric Company  \nSan Diego Gas & Electric Company  \nSouthern California Edison Company  \nStartrans IO, L.L.C.  \nSunZia Transmission, LLC  \nTrans Bay Cable LLC  \nValley Electric Association, Inc.  \nViridon Path 15, LLC  \nWestern Area Power Administration \nDocket No. EL26-71-000 \n \n \nCONDITIONAL MOTION FOR ABEYANCE  \nON BEHALF OF THE CITIES OF ANAHEIM, AZUSA, BANNING, COLTON, \nPASADENA, AND RIVERSIDE, CALIFORNIA \n \n \nPursuant to Rule 212 of the Commission’s Rules of Practice and Procedure,1 the Cities of \nAnaheim, Azusa, Banning, Colton, Pasadena, and Riverside, California (collectively, the “Six \n \n1 18 C.F.R. § 385.212 (2026)."},{"page":2,"startToken":168,"endToken":507,"text":"- 2 - \nCities”) hereby submit this conditional motion to hold in abeyance the 60-day deadline to \nrespond to the show cause order issued by the Commission in the above-referenced proceeding.2  \nThis motion is conditional because the Six Cities have filed a motion to rescind the Show Cause \nOrder,3 and, if that Motion to Rescind is granted, the Cities’ abeyance request will be moot.   \nI. \nMOTION FOR ABEYANCE \nOn June 18, 2026, the Commission issued the Show Cause Order, thereby initiating a \nproceeding under Section 206 of the Federal Power Act.  The Show Cause Order found that the \nOpen Access Transmission Tariff of the California Independent System Operator Corporation \n(“CAISO”) and/or the Transmission Owner (“TO”) Tariffs of each of the CAISO Participating \nTOs appear to be unjust, unreasonable, or unduly discriminatory or preferential to the extent that \nthey do not include provisions establishing the rates, terms, and conditions for the \ninterconnection of and service to certain large and co-located loads.4  The Show Cause Order \ntherefore directed the CAISO and its Participating TOs to either explain how their respective \ntariffs remain just and reasonable without specific provisions for the interconnection of large and \nco-located loads or to develop such provisions.5  \nAs explained in the Motion to Rescind, each of the Six Cities is a non-public utility that is \nexempt from the Commission’s jurisdiction pursuant to Section 201(f) of the Federal Power Act \n(“FPA”).6  In the Show Cause Order, the Commission acknowledged that some of the \n \n2 Cal. Indep. Sys. Operator Corp., 195 FERC ¶ 61,214 (2026) (the “Show Cause Order”).   \n3 Motion to Rescind Show Cause Order on behalf of the Cities of Anaheim, Azusa, Banning, Colton, Pasadena, and \nRiverside, Cal., Cal. Indep. Sys. Operator Corp., Docket No. EL26-71-000 (filed July 31, 2026) (“Motion to \nRescind”).   \n4 Show Cause Order at P 3.   \n5 Id.   \n6 16 U.S.C. 824(f) (2024), City of Anaheim, Cal., 171 FERC ¶ 61,263, at PP 19-22 (2020) (cited in Show Cause \nOrder at P 3, n.9)."},{"page":3,"startToken":507,"endToken":849,"text":"- 3 - \nParticipating TOs in the CAISO are not subject to the Commission’s jurisdiction and explained \nthat it would “rescind the show cause order” against such entities at their request, provided that \nthe CAISO “respond[s] to this order regarding the non-public utility’s CAISO Tariff provisions \non file with the Commission.”7  Accordingly, the Motion to Rescind requested that the \nCommission rescind the Show Cause Order against each of the Six Cities.  The Motion to \nRescind, which is supported by the CAISO, is pending at this time.   \nBecause the Commission has yet to act on the Motion to Rescind, the Six Cities \nconditionally request a 90-day abeyance of the 60-day deadline to respond to the Show Cause \nOrder.  In the Show Cause Order, the Commission explained that it would consider requests “to \nhold, for up to 90 days, all or certain aspects of this FPA section 206 proceeding in abeyance, \nincluding the deadline to respond to this order.”8  The purpose of the abeyance, according to the \nCommission, is to allow sufficient time for the CAISO and Participating TOs to develop FPA \nsection 205 filings proposing revisions to their respective TO Tariffs to address the issues in the \nShow Cause Order.9   \nGood cause exists for the Commission to grant the Six Cities’ conditional request for \nabeyance.  As an initial matter, this abeyance request will be moot in the event the Commission \ngrants the Motion to Rescind.  Recission is appropriate because each of the Six Cities is a non-\npublic utility exempt from the Commission’s jurisdiction pursuant to Section 201(f) of the \nFPA.10   \n \n7 Show Cause Order at P 3, n.9.   \n8 Id. at P 35.   \n9 Id.   \n10 Motion to Rescind at 3, n.5 (citing inter alia 16 U.S.C. 824(f) ).  As explained in the Motion to Rescind, the Six \nCities will coordinate and cooperate with the CAISO in responding to the Show Cause Order with respect to the \nprovisions of the Cities’ TO Tariffs that are relevant to the issues in the Show Cause Order."},{"page":4,"startToken":849,"endToken":1142,"text":"- 4 - \nIf the Motion to Rescind is not granted, the Six Cities will need an additional 90 days to \nprepare responses to the Show Cause Order, develop potential revisions to each of their TO \nTariffs to address any modifications that are determined to be needed, and coordinate both their \nresponses to the Show Cause Order and proposed tariff revisions with the CAISO (which has \nadvised that it intends to conduct a stakeholder proceeding to develop responsive policies and \ntariff changes) and the other Participating TOs.  Moreover, the Six Cities’ facilities and \nEntitlements in the CAISO generally represent either shares of jointly-owned facilities with, in \nsome cases, entities that are not CAISO Participating TOs and/or are also not Commission-\njurisdictional, or contractual rights to transmission service on other parties’ systems governed by \nthose parties’ tariffs and/or bilateral agreements.11  Therefore, the Six Cities may potentially \nneed to coordinate their responses to the Show Cause Order with these parties as well.  Finally, \neach City will need to evaluate whether proposed revisions to their TO Tariffs to address the \nShow Cause Order require review and approval by the City’s Public Utility Board or the City \nCouncil (or both) and obtain any necessary authorizations from those regulatory authorities.   \nGiven that the issues raised in the Show Cause Order are both important and novel, it is \ncritical that the Cities have adequate time to fully consider and prepare responsive filings if the \nShow Cause Order is not rescinded.  For these reasons and in light of the circumstances \ndescribed above, the Six Cities conditionally seek a 90-day abeyance of the 60-day response \ndeadline if and to the extent that the Commission does not grant the Six Cities’ pending Motion \nto Rescind.   \n \n \n \n11 Motion to Rescind at 2-3."},{"page":5,"startToken":1142,"endToken":1262,"text":"- 5 - \nII. \nCONCLUSION \nWHEREFORE, for the foregoing reasons, the Six Cities respectfully request that the \nCommission grant the Six Cities’ request to hold the 60-day deadline to respond to the Show \nCause Order in abeyance for an additional 90 days.  As explained above, in the event that the \nCommission grants the Six Cities’ currently-pending Motion to Rescind the Show Cause Order, \nthis motion is moot. \n \nRespectfully submitted, \n \n \n/s/ Margaret E. McNaul \n \n \nMargaret E. McNaul \n \nRebecca L. Shelton \n \nJenna E. Cliatt \n \n \n \n \nAttorneys for the Cities of Anaheim, Azusa, \nBanning, Colton, Pasadena, and Riverside, \nCalifornia \n \nLaw Offices of: \n \nThompson Coburn LLP \n \n1909 K Street, N.W., Suite 600 \n \nWashington, D.C. 20006-1167 \n \n202.585.6900 \n \n202.585.6969 (facsimile) \n \nAugust 3, 2026"},{"page":6,"startToken":1262,"endToken":1368,"text":"CERTIFICATE OF SERVICE \nI hereby certify that I have on this 3rd day of August, 2026, caused a copy of the \nforegoing document to be sent to all parties on the list compiled by the Secretary of the \nCommission in this proceeding, by electronic mail or such other means as may have been \nspecified by such party, pursuant to Commission Rule 2010. \n \n \n/s/ Margaret E. McNaul \n \n \nMargaret E. McNaul \n \nAttorney for the Cities of Anaheim, Azusa, \nBanning, Colton, Pasadena, and Riverside, \nCalifornia \n \nLaw Offices of: \n \nThompson Coburn LLP \n \n1909 K Street, N.W., Suite 600 \n \nWashington, D.C. 20006-1167 \n \n202.585.6900 \n \n202.585.6969 (facsimile)"}],"sections":[{"p":1,"at":0,"title":"Opening text","method":"opening text","endPage":2,"endAt":388,"startToken":0,"endToken":232},{"p":2,"at":388,"title":"I. MOTION FOR ABEYANCE","method":"printed heading","endPage":5,"endAt":7,"startToken":232,"endToken":1143},{"p":5,"at":7,"title":"II. CONCLUSION","method":"printed heading","endPage":5,"endAt":12,"startToken":1143,"endToken":1144},{"p":5,"at":12,"title":"CONCLUSION","method":"printed heading","endPage":6,"endAt":0,"startToken":1144,"endToken":1262},{"p":6,"at":0,"title":"CERTIFICATE OF SERVICE","method":"printed heading","endPage":6,"endAt":649,"startToken":1262,"endToken":1368}]}