PHASE LED & DESA on GIGA x58 ud5

OK QUESTION OF THE DAY!

I am running a new gigabyte x58 ud5 it comes short story first boot good everything stable went into bios running at 30 cpu temp 17 920. I am noticing that the phase led's are showing full load all red, now i have thought of a few reasons but cant be sure. is this because i am just starting the pc and the drivers are not in place for the dynamic energy saver advanced system? and subsequently do i even want this system activated if i am going to be overclocking this 920 d0 as it would to me hinder the oc capability. I am sure that it is not actually under full load because i have just started and its in bios we are not working with an os yet until thursday W7 launch. am i going to be stuck with these led's telling me i have full load or what. Or do i have areal problem here? Also is it possible that this bios version is not updated to handle my CPU and a quick bios flash may help.
I have also moved the performance from turbo to standard! THANKS GUYS FOR PLAYING QUESTION OF THE DAY WHO"S GONNA GET BEST ANSWER?

NOBODY ? (insert game show song here)