UNITED STATES OF AMERICA
BEFORE THE
FEDERAL ENERGY REGULATORY COMMISSION

Sierra Pacific Power Company	)		Docket No. ER98-12-000

							

MOTION OF CALIFORNIA INDEPENDENT SYSTEM OPERATOR CORPORATION TO INTERVENE OUT OF TIME

To:	The Honorable Joseph R. Nacy
	Presiding Administrative Law Judge
Pursuant to Rule 214 of the Commission’s Rules of Practice and Procedure 18 C.F.R. § 385.214, the California Independent System Operator Corporation (ISO) hereby moves to intervene out of time in the above captioned proceeding.  In support of its motion, the ISO states the following:
1.		The following persons should be included on the official service list in this proceeding, and all communications concerning this motion should be addressed to them:
	N. Beth Emery
Vice President and General Counsel
California Independent System Operator Corporation
151 Blue Ravine Road
Folsom, CA  95630
Tel:  916/351-2334
Fax:  916/351-2350

Stephen Angle
Robert C. Fallon
Howrey & Simon
1299 Pennsylvania Avenue, N.W.
Washington, DC  20004
Tel:  202/383-7261
Fax:  202/383-6610
2.	On October 22, 1997, Sierra Pacific Power Company (Sierra Pacific) filed proposed additions to its open access transmission tariff.  The additions are designed to implement retail access transmission service in California as well as Nevada.  Sierra Pacific states that there is approximately 80 MW of retail access load in California.  Sierra Pacific asserts that the additions are consistent with the California direct access program and the Commission’s open access policies.
On December 22, 1997, the Commission issued an order.   That order required that some of the proposed additions be modified and accepted and established a hearing to consider the other proposed additions.  On Thursday January 15, 1998, a prehearing conference was held and a procedural schedule established.  
3.	The ISO requests leave to intervene in this proceeding.  The ISO has an interest which may be directly affected by the outcome of this proceeding.  The purpose of Sierra Pacific’s filing is to implement the California retail access program.  The ISO is an integral part of the California program.  As such, it is important that Sierra Pacific’s filing to implement retail access be consistent with the operations of the ISO.  In addition, one of the issues set for hearing is how Sierra Pacific uses load profile data to account for transmission usage.   The ISO itself uses load profile data for this purpose.  Consequently, the ISO has an interest in any precedent established for the use of such data.
4.	The ISO requests that the presiding judge find that good cause exists to allow this intervention out of time, pursuant to Rule 214(d).  The ISO has only recently hired its staff.  The ISO became aware of this particular filing after reviewing the numerous filings being made to implement the California restructuring program.  No disruption of the proceeding will result from permitting this intervention.  The hearing schedule has only recently been established.  Moreover, no prejudice to, or burden upon, the existing parties will result from permitting this intervention because the ISO agrees to accept the record as it now stands.
WHEREFORE, the ISO requests that the presiding judge issue an order granting its motion to intervene out of time as a party in this proceeding.

						Respectfully Submitted,

						California Independent System
						Operator Corporation

					N. Beth Emery
					Vice President and General Counsel
					California Independent System Operator 							Corporation
					151 Blue Ravine Road
					Folsom, CA  95630
					Telephone:  (916) 351-2334 
					Fax:  (916) 351-2350
					E-Mail:  bemery@caiso.com

						____________________________
						Stephen Angle
						Robert C. Fallon
						Howrey & Simon
						1299 Pennsylvania Avenue, N.W.
						Washington, DC  20004-2402
						Telephone:  (202) 383-7261
						Fax:  (202) 383-6610
						E-Mail:  angles@howrey.com

Dated:

Certificate of Service
I hereby certify that I have this day served the foregoing document upon each person designated on the official service list compiled by the Secretary in the captioned proceeding.
Dated at Washington, DC, this ___th day of January, 1998.

					___________________________
					Robert C. Fallon
						Howrey & Simon
						1299 Pennsylvania Avenue, N.W.
						Washington, DC  20004-2402
						Telephone:  (202) 383-7357