The Commission issued an Order in the smart meter data access proceeding initiated in 2012, seeking updated information from Pepco and retail electricity suppliers. Specifically, the Commission noted that Pepco deployed a new billing solution in 2015 that warrants updating and supplementing the record in the matter. The Commission issued the following questions for comment:

"Questions for Pepco
1) How do Suppliers currently access their customers’ smart meter data, using EDI 867 IU transactions, in the District?
2) What information has Pepco provided to Suppliers regarding data access improvements resulting from the deployment of Solution One?
3) What is Pepco’s plan for activating the second transmitter (HAN radio) that is part of the smart meters installed in the District and is designed to communicate with In-Home Devices (“IHD”)?

Questions for Third-Party Suppliers
1) Do any other PJM jurisdictions make daily EDI 867 IU data available to Suppliers within 24 to 48 hours? If so please identify the jurisdiction.
2) What issues, if any, are Suppliers currently experiencing with accessing historical EDI 867 HIU data from Pepco and how does this access compare to other PJM jurisdictions?
3) What issues, if any, remain regarding data access that currently inhibit Suppliers from offering dynamic pricing and other innovative consumer products?"

Comments are due thirty days from the date of the Order. The full text of the Order is available on the NEM Website.

BGE filed proposed updated to its electric and natural gas POR program discount rates. The discount rate calculation methodology previously approved by the Commission yields negative discount rates for nearly all customer classes, which have been set to zero. BGE renews its requests in the update filings for the Commission to remove Late Payment Charges from the discount rate calculation to resolve the issue of negative discount rates. Alternatively, BGE suggests that the Supplier Coordination Working Group be reconvened to study the issue and report back to the Commission.

The electric discount rates proposed to go into effect beginning in July 2016 are as follows:
Residential - 0.0359%
Type I - 0.0%
Type II - 0.0%
Hourly - 0.0%

The natural gas discount rates proposes to go into effect beginning in July 2016 are as follows:
Residential - 1.8989%
General Service - 0.0%

The full texts of BGE's Electric and Natural Gas POR Discount Rate Update Filings are available on the NEM Website.

The Board sent a letter to third party suppliers regarding implementation of A3851, which was signed into law in December 2015 to become effective April 30, 2016. The law requires TPSs to use a one-page contract summary sheet for service to "customers." A "customer" is defined in the law as, "a residential customer or a commercial electric customer with a cumulative peak load of 50 kilowatts or less, or a commercial gas customer with a cumulative peak load of 5,000 therms or less."

The Board letter states:
"The Board anticipates providing further guidance to address the implementation of the provisions of the Act in the coming months. Pending such direction from the Board, companies serving commercial customers that fall under the definition of “customer” in the act are encouraged to look to the Board’s September 30, 2014 Order addressing residential customers (I/M/O The Board’s review of Consumer Protection Provisions of its Rules Concerning Third Party Suppliers, BPU Docket No. EX14060579) (“2014 Order”). Companies serving these commercial customers may use the format identified in the 2014 Order, conformed to meet the requirements of the Act, and also reflect the differences between residential and commercial customers."

The full texts of A3851, the Board Letter to TPSs and the September 2014 Order are available on the NEM Website.

The Commission issued an Order adopting a framework for opt-out community choice aggregation (CCA) programs. The framework is as follows:
* CCA programs can aggregate electric supply, gas supply or both.
* Customers that are currently ESCO customers, or with a freeze or block on their account, will have the ability to opt-in to a CCA program, subject to their terms of their existing ESCO contract and the terms of the CCA program.
* While determining that all customers, residential and non-residential, should be eligible to participate in CCA programs, the Order included an appendix delineating eligible customers by service class and utility.
* CCA programs may, but are not required to include APP customers. Products offered to APP customers must be compliant with requirements for ESCO service to APP customers at the time of enrollment.
* Potential CCA members must be provided with information and education over at least a two month period. This includes mailing of an opt-out letter, filings of Implementation and Data Protection Plans and certifications of local authorization. The opt-out period must last at least 30 days. Participating customers must be permitted to return to utility service anytime before the end of the third billing cycle after enrollment without penalty.
* The contract between the municipality and the ESCO(s) providing service must be compliant, "with generally applicable requirements for ESCO service at the time the contract is entered into, including the terms of the February Reset Order as applicable."
* Utilities may charge a fee for the data that they provide to CCA programs and shall file proposed tariffs for that purpose.

The Order also included a CCA Rules Summary pertaining to Eligible Municipal Governments; Scope of CCA Programs; Customer Eligibility; Low-Income Customer Participation; Customer Outreach and CCA Development Process; Customer Opt-Out Process; Municipal Contracts with ESCOs and Other Providers; Clean Energy Integration, Funding and Collections; Provision of Customer Data; and Reporting.

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

The Commission issued an Order in the Reforming the Energy Vision (REV) proceeding on the utilities' Distributed System Implementation Plan (DSIP) filings. The DSIP filings will provide utility assessments of their current systems, short-term changes that can be made to effectuate REV goals, as well as joint utility plans to operate a modern grid that supports retail markets and DER participation. Utilities were directed to make the following DSIP filings: 1) by May 5, 2016, a plan and timeline for a stakeholder engagement process during DSIP development; 2) by June 30, 2016, individual utility initial DSIP filings; and 3) by November 1, 2016, a joint utility supplemental DSIP filing.

Of particular note, the initial DSIP filings are to include AMI rollout plans over the next five years and related customer engagement plans. The Commission affirmed that third party ownership of meters is allowed so long as the third party complies with utility standards and incurs additional costs "put on the system." Utilities were directed to develop contract requirements for such standards including interoperability, cybersecurity, maintenance, and technology specifications.

Regarding customer data, those utilities with AMI deployment plans must include in their DSIP a plan for implementing Green Button Connect. Utilities without AMI deployment plans must identify other tools to enable customer and third party access to data. The Commission also recognized that, "It is expected that EDI will continue to be useful and appropriate to exchange data between ESCOs and utilities, including hourly, interval, and billing quality data on a monthly basis. EDI is not suited, however, to exchanging detailed consumption data between utilities and vendors, or for use by consumers. Further, transmission of interval data on a next-day or real-time basis requires a protocol other than EDI, such as File Transfer Protocol. Accordingly, DSIP filings must include plans to phase-in the ability to provide ESCOs with access to daily, hourly, and eventually, close to real-time access to customer usage information, including budgets and timelines."

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

The Commission issued an Order adopting new disclosure and notice requirements for natural gas suppliers serving residential and small business customers. Many of the changes were made to follow changes adopted for the electric industry. The Commission approved the format of a Natural Gas Supplier Contract Summary, the one-page "Schumer Box"-type disclosure. The Commission adopted additional changes as follows:
1) when an introductory price is offered, the variable pricing statement should make a statement to that effect, the duration of the introductory period, and price for the first billing cycle after the introductory period;
2) suppliers must provide a description of when, and how, the customer will receive notice of price changes;
3) suppliers must provide a phone number and internet address at which a customer may obtain 24 months of historical pricing data for the customer's rate class and service territory;
4) the regulations were revised to facilitate seamless moves, by eliminating the requirement that a supplier must cancel a customer contract when the customer moves from one physical residence to another;
5) the disclosure statement shall include information on limits on price variability in font size larger than that used for the terms of service;
6) the disclosure statement must make reference to the Commission's PAGasSwitch shopping website, the Commisison's general telephone number and OCA's website as shopping resources;
7) suppliers must inform customers at the time of contracting if a contract is assignable and shall provide notice to the customer prior to any contract assignment;
8) an initial notice shall be given to customers 60 to 75 days prior to expriation of a fixed duration contract or the effective date of a proposed change in terms;
9) an options notice shall be provided after the initial notice to affected customers at least 45 days prior to expiration of a fixed duration contract or the effective date of a proposed change in terms;
10) a supplier providing dual gas/electric service can comply by sending a dual gas/electric initial notice 60 days prior and a dual gas/electric options notice at least 45 days prior; and
11) if a customer fails to respond to the options notice and is converted to a month-to-month contract, the supplier must provide the customer with a 30 day advance notice of a price change.

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