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July 15, 2011
Upcoming NEM Meetings

October 2011 NEM Fall Leadership Roundtable – NEM’s Fall Leadership Roundtable will be held in Trenton, NJ on October 11-12, 2011. The Chairman of the NJBPU has confirmed his attendance and invitations to the other Commissioners, the Governor’s office and state legislators are also being extended for this event.

Early Bird registration is now available on the NEM website. Special NEM hotel rates are $99 per night at the Marriott Trenton Downtown, 1 West Lafayette Street, Trenton, NJ 08608, and (866) 373-9806.

January 2012 Executive Committee Meeting - NEM’s Annual Winter Executive Committee Meeting will be held at the headquarters of SCRA in Charleston, South Carolina on January 24-25, 2012. The Winter Executive Committee Meeting is where Executive Committee members set NEM's course for the coming year. Many thanks to Bill Mahoney and SCRA for hosting the Winter Executive Committee meeting.

You may register for the meeting at this hotlink. NEM has a room block at the Hilton Garden Inn Charleston Airport, 5265 International Blvd in North Charleston, SC. You may register for the hotel at this hotlink or call the reservation number 843-308-9330 or 1-800-HILTONS and reference group code NLL.

Jonathan Neil & Associates Nominated to NEM Executive Committee

NEM is pleased to announce that Jonathan Neil & Associates, Inc. has been nominated to NEM's Executive Committee. Founded in 1981, Jonathan Neil & Associates, Inc. (JNA) has been providing Receivable Management services spanning three decades. With five offices, JNA has personnel in each time zone to service your needs. Their management team has combined experience in excess of 100 years in the areas of Credit to Cash, Dispute Resolution, and Risk Management Services. John M. Student, CEO and Ken Odett, VP Sales will represent Jonathan Neil & Associates.

Click here to view all past updates.
First Notice Order Issued in Electric Marketing Standards Case

The Commission issued a First Notice Order in the electric marketing standards case. The First Notice Order would provide for:

1) a ten calendar day customer right of rescision from the date the electric utility processes the enrollment request;
2) the manner for disclosing variable and fixed price products;
3) the mailing of a Uniform Disclosure Statement to the customer within three business days;
4) a limitation on hours for door-to-door solicitation to 10am to 6pm;
5) a limitation on the definition of a “green” or “renewable” product to one that includes power and energy purchased entirely separate and apart from existing renewable portfolio standards;
6) a cap on early termination fees of $50 for the term of the contract. Any contract containing an early termination fee must also provide the customer the opportunity to contact the supplier to terminate the contract without any termination fee or penalty within ten business days after the date of the first bill issued to the customer; and
7) a prohibition on a retail electric supplier from marketing power and energy service to residential customers using a similar name (where any part of the retail electric supplier's name contains any part of the utility name) or logo to that of an existing electric utility affiliated in Illinois.

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

ORMD Staff 2011 Annual Report on Retail Electric Competition

The Office of Retail Market Development (ORMD) filed its 2011 Annual Report on Retail Electric Competition with the Commission, legislature and Governor. The Report details supplier activity and migration levels achieved in 2010. It discusses important regulatory proceedings that are on-going or to be commenced including the marketing standards case and standards for utility referral programs. It also notes Commission efforts to implement the website and the supplier offer comparison matrix. As in previous years, ORMD's recommendation on legislative change to facilitate competition is the elimination of the twenty four month minimum stay requirement. Alternatively, ORMD recommends providing a two month grace period during which a customer would be able to choose a different retail electric supplier, which is addressed in HB3038. The full text of the 2011 Annual Report is available on the NEM Website.

Click here to view all past updates.
NEM Comments on Eligible Customer Lists

The Commission is reconsidering its Eligible Customer List (ECL) Order following the appeals of consumer groups that argued that the Order violated consumers’ right to privacy by: 1) preventing consumers from restricting the release of all of their customer information (or otherwise requiring them to identify themselves as victims of domestic violence); and 2) constructing the ECL as an opt-out program. NEM filed comments supporting the provision of ECLs to marketers as a means to reduce costs of doing business and thereby enable marketers to make more competitive energy products available in the marketplace. NEM recommended that the ECL be an opt-out program and that all consumers have the option to either restrict disclosure of none or all of their customer information. By simplifying the option to restrict disclosure, and in a manner that does not require a victim of domestic violence to identify themselves as such, it will better ensure the protection of consumer privacy. The full text of NEM's Comments is available on the NEM Website.

Presentation of Tax Information on Residential Electric Bills

The Commission issued a Secretarial Letter to provide guidance on the presentation of tax information on residential electric bills. The Commission explained that:
"• EGSs are not required to place 'a statement of the dollar amount of total State taxes' for the current billing period charge on a separate supplier bill or to provide this information to EDCs for inclusion on an EDC consolidated bill. The requirement is applicable only to EDCs. However, an EGS must include this information for the EDC when the EGS is issuing a SCB.
• EGS-PA State Sales Tax must be included on a customer’s bill only when applicable. In general, electricity purchased solely for residential use is exempt from PA state sales tax. However, electricity purchased for use in an office or business within a home is subject to sales tax.
• An EGS must include GRT on a customer’s bill, regardless of whether the bill is a separate one rendered at the customer’s request, a SCB, or an EDC consolidated bill. However, GRT does not need to be a line item on the bill, and the amount may be estimated.
• Because the billing systems of some EDCs cannot accommodate the inclusion of EGS GRT information, the PUC has granted a temporarily waiver of Section 56.15(4) for affected EGSs. The EDCs shall provide a list of the affected EGSs to OCMO within 10 days after the issue date of this letter. OCMO/CHARGE is directed to explore interim and permanent solutions to remedy this situation."

The full text of the Secretarial Letter is available on the NEM Website.

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