Document Search
Site Search
Advanced Search
Updates & Alerts
News & Media
Upcoming Meetings
Deregulation Library
Member Services
Ambit Energy
Blue Rock Energy
Columbia Utilities
Consumer Energy Solutions Inc
Dickinson Wright
Energy Next
First Energy
Forest Capitol LLC
Glacial Energy
GCS Agents
Goeken Group
Haines and Company Inc.
IDT Energy
Interstate Gas Supply
Infinite Energy
Integrys Energy Services
Intelligent Energy
MX Energy
National Fuel Resources, Inc
PPL Solutions
ProLiance Energy
Shell Energy
South Star
Spark Energy
Suburban energy
USCL Corporation
Vectren Source
Voice Log BSG
Washington Gas Energy Services Inc.
Former Members
Accent Energy
Agl resources
Commerce Energy
ConEdison Solutions
Electric America
Energy America
Energy Source
Goodwatts Energy
Green Mountain
ICE Intercontinental Exchange, Inc.
InBusiness TeleServices
Liberty Power
Matrix Imaging
Media Fusion
National Grid
New York Energy
New York Mercantile Exchange
Pinnacle West
PowerDirect Telemarketing
The SPI Group
Watts Marketing & Management Services, Inc.
June 24, 2011
Stream Energy Elected to NEM Executive Committee

NEM is pleased to announce that Stream Energy has been elected to NEM's Executive Committee. Stream Energy, an energy company serving customers in Texas, Georgia, Pennsylvania, and Maryland, is committed to being the industry leader in customer loyalty, built upon excellent customer service, competitive utility rates, and innovative products. Stream Energy will be represented by Pierre Koshakji, Senior Managing Director and Darrin Pfannenstiel, Regulatory Counsel.

Supreme Court Decision in AEP v. Connecticut

The Supreme Court rendered an opinion in AEP v. Connecticut. The case involved the issue of whether federal common law public nuisance claims against power plants (as carbon dioxide emitters) could proceed in view of the existence of the federal Clean Air Act and EPA's authority under the Act to regulate greenhouse gas emissions. The Supreme Court held that the Clean Air Act and the EPA action authorized thereunder displaced the federal common claims.

"We hold that the Clean Air Act and the EPA actions it authorizes displace any federal common law right to seek abatement of carbon-dioxide emissions from fossil-fuel fired power plants. Massachusetts made plain that emissions of carbon dioxide qualify as air pollution subject to regulation under the Act. And we think it equally plain that the Act “speaks directly” to emissions of carbon dioxide from the defendants’ plants." The Court additionally reasoned that, "The Second Circuit erred, we hold, in ruling that federal judges may set limits on greenhouse gas emissions in face of a law empowering EPA to set the same limits, subject to judicial review only to ensure against action 'arbitrary, capricious, . . . or otherwise not in accordance with law.'" The full text of the Decision is available on the NEM Website.

Click here to view all past updates.
NEM Brief on Rehearing in ComEd POR Proceeding

NEM filed a brief in the rehearing of ComEd's POR proceeding. The issue on rehearing is whether ComEd’s PORCB tariff that is currently in effect, using the blended discount rate approved by the Commission, should be retained or whether it should be modified to create separate discount rates for residential and nonresidential customers. The ComEd program, in addition to the blended discount rate, also uses a fixed $0.50 per bill charge to recover IT program costs and has an “all in, all out” requirement applicable only to residential consumer participation in POR. And, ComEd requires that a marketer using its consolidated billing system must also participate in POR. Given the Illinois state policy to promote residential energy market competition, NEM urged the Commission to consider the totality of the POR program elements that will directly impact the usefulness of the POR program to suppliers currently serving or considering serving residential consumers in the ComEd service territory and the impact of POR program design on residential consumer migration. The full text of NEM's Brief is available on the NEM Website.

Click here to view all past updates.
NEM Comments on Early Termination Fees in POR Programs

The Commission requested comment on the issue of whether competitive suppliers’ early termination fees (ETFs) should properly be deemed “commodity charges” and therefore within the purchase of receivables (POR) regulations and within the scope of utility consolidated billing. In its comments, NEM recommended that competitive suppliers’ ETFs should properly be deemed commodity charges for the purposes of the POR regulations. NEM explained that the ETF is a function of the commodity-related risk that the marketer bears to provide the electricity/natural gas to the consumer. NEM also explained that the availability of POR in and of itself can act to limit the amount of ETFs a marketer may need to charge because the credit and collection costs that the marketer would otherwise incur to collect from non-paying consumers in a non-POR environment are significantly diminished by the marketer’s participation in the POR program. NEM argued that the utility should terminate service of a consumer for nonpayment of the ETF. Nonpayment for commodity consumed and nonpayment of the commodity risk-related ETF should be treated the same. However, the Commission may find it appropriate to establish a requirement of reasonable ETF limits for the purposes of POR programs. The full text of NEM's Comments is available on the NEM Website.

Click here to view all past updates.
Order on POR Model Terms and Conditions

The Department issued an Order establishing model electric POR program terms and conditions. The model terms are to form the basis of utility-specific program filings for Department review and approval. Under the model terms POR shall be made available to all customer classes. POR will be required only for those customers to which suppliers issue a standard complete bill. The utilities will purchase all existing supplier receivables prior to POR implementation. The utilities must file their POR implementation plans within thirty days of the Order, subject to Department review. Utility information on administrative costs and the proposed amortization period, discount rate percentages and the methodology for their application, and supplier service agreements must be filed within sixty days of the Order. National Grid and WMECO, because of their experience with POR in other jurisdictions, must implement their POR programs within three months of the Department's final decision on their POR plans. NStar and Unitil must do so within six months. The full text of the Order is available from NEM headquarters.

* Member Login :

User ID: 



*****   Click Here to stop receiving NEM Regulatory Updates    *****

3333 K Street, N.W., Suite 110
Washington, D.C. 20007
Tel: (202) 333-3288     Fax: (202) 333-3266

© Copyright 2004 National Energy Marketers Association