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April 2, 2010
NEM's 13th Annual National Energy Restructuring Conference

NEM's 13th Annual National Energy Restructuring Conference - NEM will convene its 13th Annual National Energy Restructuring Conference at the Embassy Suites Hotel Washington D.C. Convention Center on April 27th & 28th, 2010. This year’s theme is “Renaissance in Energy Markets.” Topics of discussion will include Competitive Energy Supply, Demand, Prices and Economic Opportunities. Please use this hotlink to register for the event.

We have already confirmed a number of key regulators and legislators and this promises to be a "can't miss" event. Confirmed participants include: Congressman James Clyburn, Majority Whip (D-SC); U.S. Senator Bernie Sanders (Ind-VT); Congressman Joe Barton (R-TX) (invited); Congresswoman Marsha Blackburn (R-TN) (invited); Congressman Glenn Thompson, Jr. (R-PA); Jon Wellinghoff, FERC Chairman; Daniel Poneman, Deputy Secretary of Energy; Marc Spitzer, FERC Commissioner; Philip Moeller, FERC Commissioner; James Cawley, PAPUC Chairman; Alan Schriber, OH PUC Chairman; Douglas Nazarian, MDPSC Chairman; Manuel Flores, ICC Chairman; Orjiakor Osiogu, MIPSC Chairman; David Armstrong, KYPSC Chairman; Sharon Reishus, ME PUC Chairman; Betty Ann Kane, DCPSC Chairman; Erin O'Connell Diaz, ICC Commissioner; Catherine Pugh, MD State Senator; Jess Totten, TX PUC Director; Eric Matheson, PAPUC Energy Advisor; and Calvin Timmerman, MDPSC.

NEM Comments on Proposed Reforms to Credit Practices

NEM submitted comments on FERC’s proposed regulations to reform credit practices in organized wholesale electric markets. As to the credit reform proposals set forth by the Commission, NEM supported:
•The proposed requirement for a seven day settlement cycle, if and as applied equally to all market participants. NEM opposes the proposal to later move to mandatory daily settlement. NEM suggests that an optional daily settlement/margining process and an efficient e-scheduling capability be added to the NYISO market and preserved in other RTO/ISO markets so that market participants have the right to bilaterally obtain alternate settlements that might better fit their situation. This range of settlement/margining options allows market participants to optimize their particular capital situation and thereby make more capital available for investment in clean demand side negawatts (e.g., demand response, energy efficiency, and on-site renewable generation).
• The proposed $50 million cap on unsecured credit as applied per market participant, with the clarification that “market participant” be defined such that the $50 million cap applies to the individual retail marketer and is not applied in aggregate to the financing companies that back multiple retail marketers in the marketplace. NEM also supports the concept of an aggregate cap applied to corporate families.
• The elimination of unsecured credit in financial transmission rights markets if applied evenly to all market participants.
• The clarification of the RTO/ISO status in netting transactions, in order to support this valuable market function.
• The implementation of minimum participation criteria that reflect the unique position of retail energy marketers and their contribution to well-functioning organized wholesale electric markets.
• Increased certainty for market participants as to what constitutes a “material adverse change” that will require posting of additional collateral.

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

Workshops on Penalty Guidelines

FERC Staff will convene a series of workshops to allow interested parties to ask questions on the interpretation and application of the Commission's Policy Statement on Penalty Guidelines. The workshops will be held on April 7, 2010, at FERC's DC headquarters; on April 14, 2010, in Houston; and April 15, 2010, in San Francisco. The DC workshop will also be webcast. Questions in advance of the workshop are encouraged and should be sent to

FERC issued civil penalty guidelines in March 2010 in furtherance of its enhanced civil penalty authority granted under EPAct of 2005. FERC's penalty guidelines generate a penalty range based on the combination of: (1) a violation level, consisting of a base level that is adjusted for various seriousness factors; and (2) a culpability score, which considers an organization’s past and current conduct and efforts to remedy the violation. The full texts of the Penalty Guidelines and Flow Chart are available on the NEM Website.

New York
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Order on Warm Transfer in ConEd ESCO Referral Program

The Commission previously approved the expansion of ConEd's ESCO referral program on a pilot basis to include new service customers. ConEd was directed at that time to implement a "warm transfer" process of the customers to the ESCO call center. ConEd filed a petition with the Commission of this decision. On rehearing, the Commission clarified that, "The expansion of the PowerMove ESCO referral program to new customers should provide additional growth in the competitive retail market. Con Edison presents several compelling technical and practical concerns regarding the “warm transfer” approach. We agree that the “warm transfer” approach is inconsistent with our Statewide Order on ESCO referral programs. Therefore, the “warm transfer” approach should not be implemented for the PowerMove program. However, concerns remain with respect to the accuracy of projected implementation and ongoing operational and maintenance costs. Costs associated with the expansion of PowerMove should be deferred until an assessment of the costs to be borne by the ESCOs to expand PowerMove and a recovery mechanism for those costs has been established." The full text of the Order is available on the NEM Website.

Commission Approves ConEd Electric Rate Settlement

The Commission approved a three year electric rate settlement for ConEd, with rates commencing on April 1, 2010. By the terms of the settlement, the following collaboratives will be convened: 1) a retail access collaborative to consider a rate-ready utility consolidated billing model; 2) a standby rates collaborative to evaluate the allocation of costs between contract and as-used demand charges, and potential changes to the standby rate; and 3) a distributed generation collaborative to discuss approaches to increase the deployment of wind, solar, CHP, micro-CHP, energy storage, and other alternative DG technologies. The full text of the Order is available on the NEM Website.

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