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July 2, 2009
Upcoming NEM Conference Calls

Please mark your calendar and join us for the upcoming conference call of NEM's CFO Forum to be held Tuesday, July 7, 2009, at 2PM EST. Please use dial-in 913-643-5111 and passcode 209353. An Agenda will be mailed separately.

NAESB DSM-EE Scoping Work Group Meeting

Please note that NAESB will be holding a DSM-EE scoping work group meeting on Thursday, July 9 from 1PM to 4PM Central. At NAESB's May Executive Committee meetings the Wholesale Electric and Retail ECs voted to split the DSM-EE subcommittee into various subcommittees to simultaneously address Demand Response, Energy Efficiency, Cap and Trade and Renewable Portfolios. The NAESB Board of Directors approved this split at the March 26 meeting. This scoping work group has been created to address that split. A scoping work paper is available on the NAESB website. This meeting is open to any interested participants.

Participants are encouraged to send comments to the NAESB office regarding this work paper prior to the July 9 conference call. The call in information for the call follows:

Conference Number: 1-866-740-1260
Access Code: 3560060
Security Code:8251

Orders on Capacity Release and Shipper Must Have Title Violations

The Commission issued four orders approving settlements associated with violations of its capacity release and shipper must have title (SMHT) rules. These included a producer and affiliated marketer that had acquired discounted rate, short-term firm pipeline capacity in flipping transactions (i.e., avoided posting and bidding requirements for discounted rate firm capacity). The resolution of the matter included payment of a $320,000 civil penalty and a one-time monitoring report.

A second case involved a gas wholesaler and affiliate engaged primarily in capacity release transactions. The entities had engaged in flipping transactions, violated the SMHT requirement, and engaged in buy/sell transactions. The entities will pay a $5 million civil penalty and disgorge unjust profits from the flipping violations.

An additional case involved a marketer's violation of the Commission's open access transportation program, violation of the SMHT requirement, and engaging in buy/sell transactions. The marketer will pay a $3 million civil penalty, disgorge unjust profits and submit monitoring reports.

The final case involved a local distribution company that engaged in flipping transactions. The LDC will pay a $1,250,000 civil penalty and submit monitoring reports.

The full texts of the Orders are available on the NEM Website.

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ORMD Annual Report on Retail Electric Competition

The Commission's Office of Retail Market Development (ORMD) issued its annual report on retail electric competition in the state. The report notes that more than half of the total electric consumption at ComEd and Ameren is now provided by competitive suppliers. However, no competitive suppliers are currently serving residential customers aside from a limited pilot program undertaken by one marketer. The report discusses the progress toward implementation of POR and utility consolidated billing (UCB). Ameren filed tariffs in the fall of 2008 and started testing with suppliers of POR/UCB functionalities in June 2009 with testing expected to be completed by September 2009. Testing was delayed by ComEd due to cost recovery concerns but is estimated to begin in July 2010 with a roll out date for POR/UCB service of December 2010. ComEd plans to file related tariffs in late August to early September 2009.

ORMD recommends that legislation be passed to implement additional consumer protections applicable to residential and small commercial customers. The consumer protections relate to marketing practices/enrollment; electric utility maintenance of a "do not market list;" early termination fee disclosures; uniform disclosure requirements; marketer provision of a sample bill format, standard customer contract and customer complaint and resolution proceudres to the Commission Staff; and expedited enforcement measures. ORMD also recommends modifying or eliminating the 24 month minimum stay requirement. The full text of ORMD's Annual Report is available on the NEM Website.

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Hearing to Consider Electric Utility POR Plans

BGE, Pepco, Delmarva and Allegheny Power filed compliance plans under Rulemaking 17, detailing their election to offer POR. The Commission will convene a hearing to consider the plans on July 10, 2009, at 10AM. The hearing will be held in the Commission's 16th floor hearing room. Comments on the compliance plans are due by July 7, 2009. The full text of the Notice of Hearing is available on the NEM Website.

NEM filed comments on the compliance plans reiterating its support for POR programs to facilitate retail market development. NEM recommended certain refinements to the utilities’ proposed programs and an expedited timeline for implementation. The full text of NEM's Comments is available on the NEM Website.

New York
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Utility Filings to Implement 18-a Assessment

A number of utilities filed tariffs to implement the 18-a temporary assessment. O&R filed tariff leaves to implement the 18-a temporary assessment through a "Temporary State Assessment Surcharge." National Grid filed gas and electric tariffs to revise the gas and electric Incremental State Assessment Surcharges to include the higher level of the 18-a assessment required by the State budget legislation. National Grid also filed a petition to implement an alternative temporary state assessment that would compress recovery of 2009-2010 costs to permit full recovery by March 31, 2010. Keyspan also filed tariffs to implement "Incremental State Assessment Surcharges." The full texts of the Utility Filings are available on the NEM Website.

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NEM Comments on PPL Tentative Order

In its Tentative Order on PPL's retail electric market, the Commission, “identified eight areas in which we believe PPL, and later other EDCs, can improve the conditions for retail competition in its service territory." These eight areas are:
1) Provision of updated customer lists to suppliers, subject to consumers right to opt out;
2) Improving data access for suppliers by revising EDI transactions;
3) Utility provision of both bill ready and rate ready billing;
4) Requiring timely utility completion of EDI certification and recertification;
5) Implementation of a purchase of receivables (POR) program, with little or no discount, commencing January 1, 2010;
6) Conduct of a customer awareness education program about electric power choices and how to contact competitive suppliers;
7) Commitment to a process for the development of a uniform supplier tariff; and
8) Requiring the appointment of utility ombudsmen and expansion of the Commission's Office of Competitive Market Oversight to include electric market oversight.

NEM filed comments on the Tentative Order strongly supporting PPL’s implementation of the eight measures identified by the Commission to facilitate market development in PPL’s service territory, and likewise the subsequent implementation of the eight measures in the other electric utility service territories in Pennsylvania. Drawing on the experience of NEM's members in other choice jurisdictions across the country, it is clear that the Commission has identified eight programs that have been instrumental in supporting supplier entry and participation in markets and resulted in the provision of energy choice products and services to customers. NEM urged the Commission to include a marketer referral program as part of consumer education. NEM also urged that a utility-supplier dialogue on billing be required so as to ensure that billing changes made are necessary and do not delay market opening. The full text of NEM's Comments is available on the NEM Website.

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