The California Air Resources Board (CARB) administers a Mandatory Greenhouse Gas Emission (GHG) Reporting program, as set forth in California Code Regulations, Title 17 § 95100, et seq. CARB is seeking information related to electricity transactions in the ISO’s Energy Imbalance Market (EIM). EIM transfers of electricity into and out of the State of California constitute imports and exports under the GHG regulations.
CARB requests that the ISO provide California import information on the basis of the market results reported under ISO Tariff Section 29.32(f). Specifically, CARB requests data listed in items 5(a)-(d) of Attachment A to the subpoena: Annual State-Wide Totals for Imports and Exports, Annual State-Wide Imports by EIM Entity and Scheduling Coordinator, Annual State-Wide Annual Net EIM Transfers by Entity, and EIM Purchaser Data.
CARB served its GHG subpoena on the ISO on March 6, 2020, which is available at http://www.caiso.com/Documents/Master-2020-03-05-CARB-Subpoena.pdf. Because this same information is needed on an annual basis, the GHG subpoena is continuing in nature through the year 2030 or until cancelled by the CARB.
Any market participant that objects to the ISO producing the requested documents and information must submit its objection by noon on March 24, 2020, along with a court order or other appropriate order that prohibits disclosure in response to the subpoena. Unless the ISO receives such an order by the listed due date, the ISO will thereafter respond to the subpoena.
