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December 9, 2011
Upcoming NEM Meetings

January 2012 Executive Committee Meeting - NEM’s Annual Winter Executive Committee Meeting will be held at the headquarters of SCRA in Charleston, South Carolina on January 24-25, 2012. The Winter Executive Committee Meeting is where Executive Committee members set NEM's course for the coming year. Many thanks to Bill Mahoney and SCRA for hosting the Winter Executive Committee meeting.

You may register for the meeting at this hotlink. NEM has a room block at the Hilton Garden Inn Charleston Airport, 5265 International Blvd in North Charleston, SC. You may register for the hotel at this hotlink or call the reservation number 843-308-9330 or 1-800-HILTONS and reference group code NLL.

NEM Member Opportunity

A potential opportunity for NEM members has been presented by an institutional investor for mezzanine financing, accounts receivable financing, capital needed for acquisitions and buyours and other financing needs of the retail marketing sector. Those interested in additional information should contact NEM headquarters.

California
Click here to view all past updates.
Order on Direct Access Reforms

The Commission issued an Order on direct access (DA) reforms in which it resolved issues relating to the rules and methodologies applicable to DA and Departing Load (DL) electric service in order to accommodate regulatory and industry changes over recent years. The DA reforms include the following:

"revise the methodology for the market price benchmark used to calculate DA customers’ cost responsibility necessary to maintain bundled customer indifference. The same market price benchmark, as specified herein will continue to be used to compute the Competition Transition Charge (CTC) and the Power Charge Indifference Adjustment (PCIA). Specifically, we adopt a provision to recognize renewable resource attributes in the market benchmark. We remove from the total portfolio calculation load-related costs incurred by the independent system operator. We revise the total portfolio load profile calculation to better reflect time of use load variations. We also adopt conforming changes in the temporary bundled service rate to be consistent with the changes adopted in the market price benchmark calculation.

We also review the rules governing the rights and obligations for switching between bundled and DA service. We retain the existing six-month advance notice requirements for switching, but reduce the requirement for a three-year stay on bundled service down to only 18 months, applicable to DA customers seeking to return from bundled back to DA service. We also adopt provisions to meet the statutory financial security requirements applicable to Electric Service Providers (ESPs) to cover the risk of an en masse involuntary return of ESP customers to bundled service. This decision addresses the financial security issues pertaining only to ESPs and the DA/DL market. We make no prejudgment concerning how those issues may be resolved with respect to Community Choice Aggregators, which matter remains pending in Rulemaking (R.) 03-10-003. We define the applicable re-entry fee and ESP financial security requirements for en masse involuntarily returned DA customers as generally being limited to the administrative costs of switching customers to bundled service."

The full text of the Order is available on the NEM Website.

Maryland
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Staff Filing on Electric Suppliers Electronic Rate Posting Requirement

Staff has filed a list of issues with the Commission with regard to the statutory requirement that electric suppliers post information about residential and small commercial customer rates on the internet. Staff requested that the Commission offer the issues for industry comment for aid in implementation of the requirement. The issues identified by Staff are as follows:

"1. Do we need to create a distinction between suppliers who have “open offers” to any eligible customer and suppliers and brokers who generally have only negotiated contracts with customers?
2. Can a supplier’s ‘services’ and ‘prices’ be described in broad terms? (i.e., Would a phrase such as “We will work with multiple suppliers to get you the best price” qualify as “readily understandable information about . . . prices”?)
3. Does PUA §7-507(j) require all suppliers to have a web site?
4. If a supplier only provides service via negotiated contracts, how would that supplier comply with PUA §7-507(j)?
5. What should be the rule for a variable price product offer?
6. Does every service offering need to be posted on the internet, or does posting a single offer on the internet qualify?
7. Is a posting that includes some variation of “Not offering service at this time” acceptable?
8. Is a posting that states “contact the supplier for a quote” acceptable?
9. Should PUA §7-507(j) apply to natural gas suppliers?
10. Must a specific rate be posted on the website?
11. Should the Commission define the term “small commercial”?"

The full text of the Staff Filing is available on the NEM Website.

Amended RFP for New Generation

The Commission issued an amended RFP for new generation to be issued by Maryland electric utilities. The changes were prompted by questions raised at a pre-bid conference on the RFP. Elements of the RFP that were modified include:

1) extending the due date to January 20, 2012;
2) encouraging each respondent to submit proposals for both a fixed gas price offering and a variable gas price offering; and
3) requiring each respondent to disclose whether it plans to demonstrate financial strength by relying on the financial commitment of a parent or other company.

The full text of the Amended RFP is available from NEM headquarters.



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