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March 17, 2017
NEM 20th Annual National Energy Restructuring Conference

NEM will convene its 20th Annual National Energy Restructuring Conference on April 26th-28th, 2017. The conference will begin with a Welcome Reception on the evening of April 26th at the University Club in Washington, DC. The next two days of substantive discussion will take place at the Hyatt Regency Capitol Hill.

You may register for the conference at this hotlink. A Draft Agenda is forthcoming.

Connecticut
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Legislation on Nuclear Generation

SB106, entitled, "An Act Concerning the Diversity of Baseload Energy Supplies in the State and Achieving Connecticut's Greenhouse Gas Emissions Mandated Levels," would authorize long term power purchase agreements between Millstone nuclear power plant and the electric utilities. SB106 has been referred to the Joint Committee on Energy and Technology.

HB7247, entitled an “Act Establishing a Carbon Price for Fossil Fuels Sold in Connecticut,” would impose a $15 per ton carbon tax on the state, which would increase $5 annually. "Each supplier of electricity, including each electric distribution company operating in the state and all competitive suppliers of electricity to end users," would be required to pay the fee "on behalf of each end user on the basis of each kilowatt-hour of electricity used by each end user."

The full texts of SB106 and HB7247 are available on the NEM Website.

Michigan
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Commission Actions to Implement PA341 and PA342

The Commission took multiple actions to begin implementation of Public Acts 341 and 342 of 2016. The Commission has established a dedicated webpage to track all of the associated implementation details of PA341 and PA342 at Michigan.gov/energylegislation.

First, it ordered Consumers Energy and Detroit Edison to file applications to implement a State Reliability Mechanism (SRM), as provided for under PA341, by April 11, 2017. The Commission was persuaded by stakeholder comments received that given FERC's rejection of MISO's proposed three year Forward Resource Auction, and FERC's lack of a quorum to approve a Prevailing State Compensation Mechanism, that the Commission should focus solely on SRM issues. The Commission noted that certain stakeholder raised procedural and substantive arguments based on the state and federal constitutions regarding federal preemption, interstate commerce, and Alternative Electric Supplier (AES) contract impairment that are implicated by the SRM. The Commission stated that, "a state administrative agency cannot determine that its enabling statute is unconstitutional," and the Commission, "has an obligation to follow its enabling statutes."

The Commission directed Staff to convene a technical working group of stakeholders to consider issues related to the SRM as follows:
"1) Continue to examine resource adequacy issues as part of the annual assessment in Case No. U-18197.
2) Develop recommendations regarding requirements for capacity demonstrations for electric utilities, cooperatives, municipalities, and AESs in this state subject to an SRM, including filing requirements.
3) Develop recommendations regarding load forecasts, planning reserve margin requirements and locational requirements for capacity resources.
4) Develop recommendations regarding the capacity obligations for load that pays an SRM charge to a utility, including MISO’s annual PRA."

The full text of the Order Directing Utility SRM Filings is available on the NEM Website.

The Commission is also seeking comments on its rules pertaining to the allocation of the amount of load to be served by AESs under the state-mandated 10% cap on retail electric choice. The Commission is proposing changes to the rules to conform to the provisions of PA341. Comments are due March 24, 2017. The full text of the Request for Comments is available on the NEM Website.



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