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April 21, 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. The Agenda is available at this link.

Supplemental Notice of Technical Conference on Eastern RTOs

A supplemental notice of technical conference to discuss issues related to wholesale energy and capacity markets operated by the Eastern RTOs/ISOs was issued. The technical conference will be convened on May 1 and 2, 2017, at FERC's Washington, DC headquarters. The technical conference will, "explore how the competitive wholesale markets can select resources of interest to state policy makers while preserving the benefits of regional markets and economic resource selection." This will include, "long-term expectations regarding the relative roles of competitive wholesale markets and state policies in the Eastern RTOs/ISOs in shaping the quantity and composition of resources needed to cost-effectively meet future reliability and operational needs."

The Supplemental Notice includes a full agenda of issues and speakers. Panels will be divided by ISONE, PJM and NYISO and state representatives and stakeholder representatives. State representative panelists were asked to respond to the following issues:

"1. What objectives or policy priorities, if any, are states considering implementing in the coming years?
2. In a multi-state RTO/ISO, if one state’s policy priorities come into conflict with another state’s policy priorities to what extent should, and/or can, the wholesale markets resolve or mitigate that conflict?
3. What specific features of the existing market design, if any, would you seek to modify to meet your state and region’s policy goals?
4. In light of current and future state actions to secure specific resources outside of the centralized energy and capacity markets (out-of-market actions), what role do you see the RTO/ISO having in managing the procurement of capacity for resource adequacy in the long-term?
5. To the extent state policy priorities are effectuated outside of the centralized energy and capacity markets, what long-term impacts, if any, might such actions have on the ability of these markets to provide signals for efficient entry and exit and ensure resource adequacy?
6. Is there a way to achieve state or regional policy objectives with the centralized energy and capacity markets through potentially new or different market mechanisms? If so, what would be the elements of a policy solution to accommodate the objectives of your state or region while preserving the competitiveness and efficiency of wholesale markets?"

Stakeholder representative panelists were asked to respond to the following issues:

"1. There are a number of state policies that may or may not influence wholesale markets. Should the Commission distinguish between state actions that are considered inside the market and ones that are out of market, and why? How can certain types of state policies be readily integrated into wholesale markets as opposed to pursuing state policies outside of the centralized energy and capacity markets?
2. If your company is receiving/seeking an out-of-market payment as a result of a state policy, please explain the dynamics or features of the RTO/ISO market that, in your view, made this particular payment necessary. For the rest of the panelists, please explain how this payment has affected or will affect wholesale markets in general and your entity specifically.
3. What wholesale market benefits may be lost when states take actions outside of these markets?
4. With the idea that state or regional policy objectives can be achieved on a long-term basis through modifications to or potentially new or different wholesale market mechanisms, what would be the elements of a policy solution that could accommodate the objectives of a state or region while preserving the competitiveness and efficiency of wholesale markets?
5. If state policy objectives cannot be achieved through the wholesale markets, what are the consequences for the wholesale markets, as well as for market participants’ ability to make long-term decisions, of continued state support for certain resources or resource types outside wholesale markets?
6. In light of current and future state actions, what role should the RTO/ISO play in ensuring resource adequacy? Specifically, do you see a diminished role for the RTO/ISO? Under what conditions should a state intervene in a resource’s entry and exit decision and at what point could any such intervention affect the RTO’s/ISO’s role in ensuring resource adequacy?"

The full text of the Supplemental Notice of Technical Conference is available on the NEM Website.

Click here to view all past updates.
En Banc Hearing on Retail Electric Choice

The California PUC and California Energy Commission announced that they will convene a joint en banc hearing on retail electric choice in the state. The hearing will take place May 19, 2017. It is projected that by the end of this year that 30-40% of electric utility customers will be purchasing service from an alternative source or provider, including Direct Access providers, Community Choice aggregators and rooftop solar. That number is expected to exceed 80% by the middle of the next decade. In anticipation of these changes, the en banc hearing will include a Staff Retail Choice White Paper to discuss past restructuring efforts and a proposed set of principles to consider in changes to regulatory and statutory frameworks. The hearing will also include utility and consumer perspectives on retail electricity markets. National electricity market experts will share perspectives on lessons learned from other jurisdictions and the role of technology in transforming retail electricity service. The full text of the Media Advisory on Retail Choice En Banc Hearing is available on the NEM Website.

Click here to view all past updates.
Informal Comment Sought on Changes to EGS Disclosure Requirements

The Commission directed OCMO to review the electric generation supplier disclosure regulations. The regulations were last updated in 2014. The natural gas supplier disclosure rules were revised in 2016, and there are now some inconsistencies between the rules. As identified by OCMO Staff these differences include:

"• Introductory Pricing: 'If the price is introductory, the variable pricing statement must include a statement that the price is an introductory price, the duration of the introductory period and the price for the first billing cycle after the introductory period.'
• If prices change (variable)…when and how does a customer get informed of this? 'A description of when and how the customer will receive notification of price changes.'
• Assignment of contracts: Electric is currently guided by 1998 Interim Guidelines.
The NGS rule at 52 Pa. Code § 62.75(j): 'If the contract is assignable, the NGS shall inform the customer at the time the parties enter into the contract. Prior to a contract assignment, the NGS shall provide notice to the affected customer, the affected NGDC and the Commission. The customer notice must include the name of the new NGS, the contact information for the new NGS and language informing the customer that contract terms and conditions remain unchanged.'
• Most references to the NGDC were removed from the NGS disclosure."

OCMO is requesting informal comments on these and other issues regarding the EGS disclosure rules. Comments are due June 30, 2017, and should be submitted to

Informal Comment Sought on PJM Non-Market Based Charges

In furtherance of a May 2015 Secretarial Letter to the utilities, OCMO is requesting informal comments on PJM non-market based charges. Examples of non-market based charges include network integration transmission services (NITS), regional transmission expansion plans (RTEP), expansion cost recovery charges (ECRC), generation deactivation zonal cost allocation (also known as reliability must run or RMR), transmission enhancement costs and non-firm point-to-point transmission service credits.

OCMO was charged with reviewing whether, "there is a need to address these non-market based wholesale market charges in a more uniform and comprehensive way that would facilitate and enhance the retail electric market during future proceedings." Questions OCMO is considering include:

"• Are there any other PJM non-market based charges in addition to those noted above?
• Are there any PJM charges that may, for whatever reason, be considered market based in some instances and non-market based in other instances or that are not generally agreed upon as either being market- or non-market based?
• Generally, how often and in what manner are these charges imposed on LSEs? When do these charges change during the calendar year?
• What is the approximate average annual cost of these charges: 1) on an EDC basis, and 2) on a customer class basis?
• What are the different methods utilized by the EDCs for the recovery of these costs in relation to default service?
• Would it be possible, and if so, appropriate, to develop a competitively-neutral methodology for the collection of such charges on behalf of all LSEs serving load in a given EDC service territory?"

Informal comments are due July 31, 2017, and should be submitted to The May 2015 Secretarial Letter is available on the NEM Website.

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