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August 12, 2005
New York Energy Elected to NEM Executive Committee

NEM is pleased to announce that New York Energy, Inc. has been elected to the Executive Committee. New York Energy was founded in 2003 as a provider of retail electricity and natural gas products to Commercial and Industrial (“C&I”) customers in the Northeast United States with a particular focus on Upstate NY and Massachusetts. New York Energy, Inc is headquartered in Syracuse, NY with a regional office in Waltham MA. NY Energy has a strategic partnership with ConEdison Solutions that has led to success in the upstate New York electricity markets behind Nimo, RGE and NYSEG. New York Energy also actively assisted Con Edison Solutions (“CES”) in winning the 2005 electric power supply obligation for Cape Cod and the Islands. With a diverse and experienced management team NY Energy is poised for continued growth.

New York Energy will be represented within NEM by Philip Van Horne, President, and Angelo Chambrone, Vice President.

NEM Fall Leadership Roundtable

NEM will hold its Fall Leadership Roundtable in Washington, DC, during the week of October 10th or 17th, 2005. Further details will be forthcoming. Please mark your calendar.

FERC Timeline for Implementation of Energy Policy Act

The Energy Policy Act of 2005 requires FERC to undertake a number of rulemakings, investigations, studies and reports, and the Commission has issued a timeline detailing the deadlines for the various activities. For instance, FERC must: 1) finish its investigation of refunds due as a result of the California energy crisis and submit a report to Congress by December 31, 2005; 2) within 180 days of enactment, issue a final rule implementing new reliability provisions; 3) within 180 days of enactment, enter into a Memorandum of Understanding with the CFTC of electric and gas market transparency provisions; 4) within one year of enactment, exercise its statutory authority to facilitate planning and expansion of transmission facilities such that load serving entities can satisfy their native load obiligations and secure firm transmission rights on a long term basis for long term power supply to meet service needs; 5) within one year of enactment, establish rules for incentive-based rate treatments for transmission; and 6) within one year of enactment, as part of an interagency taskforce, submit a report to Congress on competition in wholesale and retail electric markets in the U.S. The full text of FERC's Implementation Timeline is available on the NEM Website.

Northeast ISOs Seams Resolution Report

NYISO, PJM and ISONE have filed a Seams Resolution Report with the Commission. The Report notes the status of current open initiatives as well as issues under discussion. Of particular note is the initiation of discussions between the New York and PJM Transmission Owners on the potential for rate pancaking relief. A meeting between these entities is tentatively scheduled for August 18th to explore this topic.

Comments are due August 23, 2005. The full text of the Seams Resolution Report is available on the NEM Website.

New Jersey
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Public Hearing on Basic Generation Service

The Board will convene a public hearing on the 2006 Basic Generation Service Auction process on September 7, 2005, at 10:00AM. Parties will be able to make an oral presentation on their issues with the possibility of follow-up questions from the presiding officer, advising counsel or staff. Parties wishing to participate should contact Peter Yochum( by September 1.

New York
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Central Hudson Decides to Discontinue Fixed Price Option

The Commission ordered Central Hudson to terminate its Fixed Price Option for SC1 and SC2 customers but permitted Central Hudson to choose to transitionally offer the FPO for a final winter season. Central Hudson filed a letter with the Commission indicating that it will discontinue the FPO once the existing program ends on October 31, 2005. Central Hudson will encourage ESCOs to make such a product available, and will prepare an outreach and education plan in support of these efforts. The full text of Central Hudson's Filing is available on the NEM Website.

NYSEG Settlement Conference on Purchase of Receivables

NYSEG has scheduled a settlement conference to discuss a proposal to implement a purchase of receivables (POR) program. The conference is scheduled for August 17, 2005, at 10:30AM in the Commission's 18th Floor Conference Room in Albany. The conference call-in number is (888) 476-3752, and the participant code is 270148. The conference is being held to to review a draft Joint Proposal, modeled after RG&E's POR program, that will be circulated before the meeting.

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Commission Issues Report on Electric Market Activity

The Commission issued a report entitled, "The Ohio Retail Electric Choice Programs - Report of Market Activity - January 2003–July 2005." The Commission states that, "Compared to other retail electric choice markets in the country, Ohio is second only to Texas when it comes to the level of residential customer participation. Since 2002, residential customer switching has increased by as much as 13 percent in parts of the state." Government aggregation groups are cited as the greatest success with NOPEC, the largest public aggregator in the U.S., representing more than 350,000 residential customers. The Commission also notes the implementation of rate stabilization plans to prevent consumer "sticker shock" at the conclusion of market development periods. The Commission reports that all of the electric utilities have transferred control of their transmission facilities to RTOs. The full text of the Report is available on the NEM Website.

Commission Requests Comments on FirstEnergy Competitive Bid Process

FirstEnergy filed an application on June 22, 2005 for approval of a competitive bid process for retail electric load. The Commission has retained a consultant to assist with analyzing the bids received during FirstEnergy's second competitive bidding process. Additionally, the Commission is seeking comments on the methodology to be used in the competitive bid process, including the determination of an evaluation price range or a reserve price. Comments are due August 30, 2005. The full text of the Commission's Order will be posted on the NEM Website when made available electronically.

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