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August 28, 2009
Upcoming NEM Meeting Dates

Please mark your calendar and plan to join us for the following NEM meetings:

September 2009 Fall Leadership Roundtable - NEMís Fall Leadership Roundtable Meeting will be held on September 15 & 16, 2009, at the Hampton Inn & Suites, Albany Downtown, Albany, NY 12210. NEMís room rate has been secured at $129.00 per room per night. Many thanks to Matt Picardi of Shell Energy North America for the generous offer to host this meeting. Please register for the Fall Leadership Roundtable at this hotlink.

To date, the following public officials have confirmed to attend the Fall meeting:

Office of Governor David A. Paterson, Thomas Congdon (Day 2 only)
Office of Governor David A. Paterson, Kimberly Harriman
New York State Senator Aubertine's Office, Senator Aubertine and Chief of Staff, Lee Willbanks
Chairman, NYPSC, Garry Brown (Day 2 only)
NY State Dept. of Public Service, LuAnn Scherer
NY State Dept. of Public Service, Fran Hart
NY State Dept. of Public Service, Marty Insogna (Day 2 only)
NYISO - to confirm (Day 2 only)

January 2010 Executive Committee Meeting - NEMís Annual Winter Executive Committee Policy and Planning Meeting will be held January 19 & 20, 2010, at the headquarters of South Carolina Research Authority in Charleston, South Carolina. NEMís room rate has been secured at $129.00 per room per night at the Hilton Garden Inn Charleston Airport, 5265 International Blvd., N. Charleston, SC 29418. The Executive Committee sets the course for NEMís advocacy in the coming year at this meeting. Many thanks to Bill Mahoney and South Carolina Research Authority for the generous offer to host this meeting.

April 2010 Annual Global Energy Forum Ė NEMís Annual Global Energy Forum, will be held April 27 & 28, 2010, at the Embassy Suites Convention Center, Washington DC, 900 10th Street, NW, Washington, DC 20001. NEMís room rate has been secured at $289.00 per room per night. Sponsorship opportunities are available.

EnergyNext Inc. Joins the Association

NEM is pleased to announce that EnergyNext ("EN") has joined the Association. EnergyNext ("EN") will be represented within NEM by owners Gordon M. Boyd and Gene Salerni, Ph.D.

EnergyNext works as a buyer's agent, project manager and consultant, representing business, institutional and municipal energy consumers and groups in New York, New Jersey and the Northeast. The professionals at EnergyNext have the experience and knowledge to address dynamic marketplace, technological, fiscal and regulatory conditions.

OTC Derivatives Legislation and CFTC/SEC Meetings

The Administration has finalized proposed legislation that would set forth a scheme for the regulation of OTC derivative markets. Specifically, it would require central clearing and trading of "standardized" OTC derivatives. Standardized OTC derivatives will be required to be traded on a CFTC- or SEC-regulated exchange or a CFTC- or SEC-regulated alternative swap execution facility. CFTC and SEC would be given broad authority under the legislation to: 1) issue and enforce business conduct, reporting, and recordkeeping rules for all OTC derivative dealers and major market participants; 2) deter market manipulation, fraud, insider trading, and other abuses in the OTC derivative markets; and 3) set position limits and large trader reporting requirements for OTC derivatives that perform or affect a significant price discovery function with respect to regulated markets. The full text of the Proposed OTC Derivatives Market Legislation is available on the NEM Website.

Relatedly, CFTC and SEC will convene joint meetings on "harmonization of regulation." The first will take place on September 2, 2009, at CFTC and the second will take place on September 3, 2009, at SEC. The Administration had previously recommended that CFTC and SEC prepare a report to Congress by September 30, 2009, identifying, "all existing conflicts in statutes and regulations with respect to similar types of financial instruments and either explains why those differences are essential to achieve underlying policy objectives with respect to investor protection, market integrity, and price transparency or make recommendations for changes to statutes and regulations that would eliminate those differences." The joint meetings are being held to accomplish this analysis. Topics to be discussed at the meetings include: regulation of exchanges and markets, the regulation of intermediaries, the regulation of clearance and settlement, enforcement, and the regulation of investment funds. The full text of the Notice of Joint Meetings is available on the NEM Website.

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Proceeding on Electric Load Allocation

The Commission has announced it will hold a collaborative and accept comments on Staff's proposal to implement electric load allocation. State law requires that, ďno more than 10% of an electric utilityís average weather adjusted retail sales for the preceding calendar year may take service from an alternative electric supplier at any time.Ē

The Staff proposal would establish a ranked grouping system to determine whether and how different types of customers are served under the 10% cap. The electric utilities would have to calculate the cap based on the weather-adjusted retail sales of the preceding calendar year, with an initial cap filed on the 1st of January each year and a final cap filed on the 1st of February each year. A utility's cap calculation could be challenged through a complaint filed by February 15th of the relevant year. The electric utilities would have to implement a cap tracking system and post information on their websites about energy allotments.

The collaborative will take place on September 1, 2009, at 1PM at the Commission's Lansing offices. Comments on the Staff proposal will be accepted through September 10, 2009. The full texts of the Order and Staff Proposal are available on the NEM Website.

New York
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Smart Grid Consortium

Governor Paterson announced this week the start of a State Smart Grid Consortium. "The Consortium will be comprised of leaders from government, utility companies and universities, as well as consumers, and will develop a strategic vision on how best to deploy secure, efficient and reliable smart grid technologies in New York." The Consortium has already released a draft "Strategic Smart Grid Vision and Technical Plan Report." The draft Report discusses the smart grid for the State, the New York stimulus proposals submitted under DOE's funding solicitation, and a plan for the phased implementation of a comprehensive smart grid system. The full text of the Smart Grid Consortium Draft Report is available on the NEM Website.

Order on EDI Standards for Bill Ready Billing

The Commission approved modifications to the EDI standards for bill ready consolidated billing for the case of marketers providing budget billing to their customers. HEFPA requires marketers to show customers the status of their budget billing plans on bills.

Specifically, the Commission approved changes suggested by Keyspan to the TS810 Bill Ready (Invoice)Standard intended to permit marketers to transmit to the utility budget bill data for presentation on the marketers' portion of the customersí consolidated bill. This entails adding two new data segments to transmit cumulative actual charges and budget plan installments billed to date for presentation on the marketer portion of a residential customerís consolidated bill when that customer is on a budget plan for marketer charges. Certain conforming changes to the EDI standard were also made. The full text of the Order is available on the NEM Website.

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NEM Comments on Gas Choice Issues

NEM submitted comments supporting measures proposed by the Commission to enhance retail gas market competition. Specifically, NEM supported the proposed change from a quarterly to a monthly adjusted Purchased Gas Cost (PGC) and unbundling commodity costs from the utilitiesí base rates and moving said costs into the PTC. NEM supported the proposed permanent rules for the establishment of utility POR programs. With respect to capacity release programs, NEM supported the "assets follow the customer" approach. The Commission proposed to allow the utilities to recover the costs of competition-related activities and regulatory assessments through a nonbypassable surcharge. NEM likewise supported that proposal. The full text of NEM's Comments is available on the NEM Website.

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