NFG filed a proposed amendment to its retail access tariff to add a provision to charge replacement shipper marketers a price for released capacity equal to NFG's weighted average cost of capacity (WACOC). NFG made the filing pursuant to FERC Order 712 that recognizes an exemption from the bidding requirement for capacity releases at less than the maximum rate pursuant to a state retail access program. NFG states that charging the WACOC to marketers directly is preferable to its current method of allocating slices of capacity at a cost approximating WACOC or releasing capacity at maximum rates subject to a true-up mechanism. By the terms of the proposal, NFG would calculate a capacity release rate for Mandatory Upstream Transmission Capacity, "to be effective each April 1st for the twelve month release term equal the weighted average cost of capacity (WACOC) for this under each pipeline's gas tariff filed with FERC." NFG proposes the change be effective March 19, 2009. The full text of the NFG Filing is available on the NEM Website.

The ALJs in the ConEd's electric rate case issued a Recommended Decision addressing portions of the case, with a subsequent Recommended Decision expected on the remainder. The ALJs recommend that the Commission determine the "minimal but reasonable costs of the Company's provision of electric delivery service." The ALJs estimate that the level of incremental electric revenues needed based on such costs is $632.447 million. Regarding ConEd's competitive service rates (MFC, competitive metering charges, billing and payment processing), the RD notes that determination of said rates is dependent on the sales forecast recommended by the ALJs and should be addressed in briefs on exceptions. On the issue of outreach and education, the ALJs recommend restoration of a portion of the 1.6 million Power Your Way outreach and education program to fund a Green Power Campaign, a Green Power bill insert and ConEd's maintenance of an up-to-date list of retail electric energy suppliers. Briefs on Exception to the RD are due January 27, 2009, and Briefs Opposing Exceptions are due Feburary 11, 2009. The full text of the Recommended Decision is available on the NEM Website.

In order to provide guidance to the gas utilities that make voluntary POR program filings by March 31, 2009, the Commission issued interim POR program guidelines. The guidelines provide, with respect to program design, that a gas utility may purchase receivables at a discount from licensed suppliers, but only receivables associated with natural gas supply service charges. POR programs can include only residential and small business customer accounts. Participating suppliers must use utility consolidated billing. The gas utility can terminate service to customers for failure to pay supplier charges. The guidelines also provide that a supplier's account receivables can be used to satisfy the security requirement for supplier licensing. The Commission also reiterated its intention to initiate a POR rulemaking in early 2009. The full text of the Interim POR Program Guidelines is available on the NEM Website.