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April 12, 2013
NEM's 16th Annual National Restructuring Conference

NEM’s 16th Annual National Restructuring Conference will be held April 29, 30, and May 1, 2013, at the Embassy Suites Convention Center, Washington DC. A Draft Agenda is available here. You may register at this hotlink.

We have numerous confirmations from many of the public officials that have the greatest impact on our industry, including Phillip D. Moeller, Commissioner, FERC; Tony Clark, Commissioner, FERC; Bart Chilton, Commissioner, CFTC; John D. Quackenbush, Chairman, MIPSC; Betty Ann Kane, Chairman, DCPSC; Ronald A. Brise, Chairman, FLPSC; Daniel Esty, Commissioner, CT DEEP; Tim Echols, Commissioner, GAPSC; James Cawley, Commissioner, PAPUC; Erin O’Connell-Diaz, Commissioner, ICC; Kelly Speakes-Backman, Commissioner, MDPSC; Jeanne Fox, Commissioner, NJBPU; Kenneth Anderson, Commissioner, TXPSC; Orjiakor Isiogu, Commissioner, MIPSC; and Steve D. Lesser, Commissioner, OHPUC. Please contact headquarters ASAP if you are interested in sponsoring this event.

CFTC Commissioner Chilton "End-User Bill of Rights"

In view of the pending new compliance obligation to be imposed on end-users under the Dodd Frank regime, CFTC Commissioner Chilton has propounded an End-User Bill of Rights, recognizing their pivotal role in the marketplace. The End-User Bill of Rights includes the rights to:
1. reasonable Dodd-Frank implementation;
2. legal certainty;
3. compete in the markets;
4. safe accounts;
5. confidence in the commodity markets;
6. clear (or not to clear);
7. margin flexibility and reasonable capital rules;
8. hedge;
9. smart regulation;
10. be heard.
The full text of the End-User Bill of Rights is available at the following hotlink.

Click here to view all past updates.
NEM Municipal Aggregation Comments

NEM filed comments on a series of questions posed by the ALJ in the electric municipal aggregation proceeding. NEM's recommendations included:

1) the rights and responsibilities of the Aggregation Supplier, including the manner in which the opt-in/opt-out notice is sent, should be determined under the terms of the agreement it has executed with the Government Aggregator;
2) the Aggregation Supplier should be restricted to using any customer information it receives with respect to the aggregation solely for the purposes of performing the aggregation;
3) the Aggregation Supplier is in a superior position to perform the opt-in-/opt-out process than the Government Aggregator because the Aggregation Supplier possesses the technical ability to perform the data exchange function for the aggregation by virtue of its status as a certificated RES;
4) a safe harbor rule for the provision of consumer notices should be established to guide Aggregation Supplier compliance, such that, if an Aggregation Supplier can demonstrate that the consumer was mailed the notice in the normal course of business, there should be a presumption of receipt. Absent the production of evidence to the contrary, there should not be a penalty for the Aggregation Supplier under those circumstances; and
5) Aggregation customers should have the same right to receive the Uniform Disclosure Statement as do consumers shopping for energy through other sales channels.

The full text of NEM's Comments is available on the NEM Website.

New Jersey
Click here to view all past updates.
Energy Competition Standards

The Board has adopted new provisions, proposed for comment last spring, to its Energy Competition Standards. These new rules include:
1) requiring recordation of the entire telephonic sales call, rather than just the verification;
2) consumers shall not be charged an exit fee for leaving an aggregation program;
3) upon establishment of service or contract renewal, the TPS must provide the consumer with a copy of the contract within one business day; and
4) affirmative consent requirements for changes in material terms of a contract.

The full text of the Revised Energy Competition Standards is available on the NEM Website.

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