NEM has compiled a detailed analysis of gas settlement provisions. NEM provides analysis of AGL and Atmos Energy gas tariffs. Copies of the analyses are available from NEM Headquarters upon request. The analyses are also posted on the NEM web site, but are available for members only.

NEM has compiled a detailed analysis of electric settlement provisions. NEM provides analysis of Central Maine Power, Bangor HydroElectric and Maine Public Service electric tariffs. Likewise, NEM provides analysis of Northern Utilities and Bangor Gas gas tariffs. Copies of the analyses are available from NEM Headquarters upon request. The analyses are also posted on the NEM web site, but are available for members only.

Maryland has proposed consumer protection regulations concerning contact between utilities, consumers and competitive suppliers of both gas and electricity. The regulations prohibit suppliers from refusing service to a customer based upon the economic character of his geographic area, though a supplier may refuse service based on the customer's credit history. Any disclosure of a customer's billing, payment or credit information by a supplier must be done for the purpose of facilitating billing and with the customer's consent. Customer consent is likewise required for supplier enrollment. Suppliers may advertise online, and may enroll customers telephonically subject to the requirements of the state's consumer protection laws or electronically over the internet. The regulations provide penalties for improper enrollment through the Office of External Relations. The regulations also provide that a utility may not terminate service to a customer who does not pay his supplier charges. Finally, the regulations provide for the following payment allocation order: 1) Gas utility service arrearages, 2) Electric utility service arrearages, 3) Gas supplier arrearages, 4) Electric supplier arrearages, 5) Gas utility service current charges, 6) Electric utility service current charges, 7) Gas supplier current charges, 8) Electric supplier current charges, and 9) Charges for other services. The proposed regulations were published October 15, 2004. Comments are due by November 15, 2004. The full text of the Proposed Regulations is available on the NEM web site.

The fourth BGS auction will take place in February 2005 and will consist of two descending clock auctions, one for hourly priced service for large industrial and commercial accounts and the other at fixed price for all other customers. Service auctioned off will begin on June 1, 2005, and will consist of approximately 2800 MW for the large C&I customers wth 5300 MW for fixed price customers, which is approximately, one third of the demand in the fixed price market.

Customers with 1250 kW must now subscribe to hourly service, a decrease from the previous 1500 kW threshold. The Commission has established a working group to assist these customers in the transition to hourly service. In addition, the Commission is examining the retail margin of 5 mills/kWh assessed on all customers with a peak demand of more than 750 kW. The full text of the release is available on the NEM web site.

The Commission has held that when an ESCO requests suspension of delivery service under HEFPA, the utilities may request "reasonable compensation" for costs incurred in the shut-off. The Commission concluded that the utilities' proposed suspension fees should be set temporarily at reconnection charges for residential customers in current tariffs. The suspension fees will be replaced in the utilities' next rate filings or extensions of rate plans. Though the fees may be adjusted for inflation, the Commission elected to set the suspension fees at this level because of an absence of a current embedded cost study.

Agreeing with NEM, the Commission held that the suspension fee should be split between an ESCO and a utility when the shut-off is performed on behalf of both. Finally, the Commission has temporarily accepted utilities' bill calculation fees. These fees arise when calculating the lesser of the full amount of ESCO commodity arrears or what the utility commodity charge would have been as required when a residential customer wants to stop an ESCO-initiated suspension, and they will be reviewed in each utility's next rate case or extension. The full text of the Order is available on the NEM web site.

Columbia has filed an application to initiate termination of service for CHOICE customers who fail to pay for the commodity portion of their bills, noting that a mandatory return to sales service does not provide a strong enough incentive. Currently, a CHOICE customer who does not pay his bill for 30 days must be returned to sales service (with 60 days of unpaid marketer service), before Columbia may initiate termination.

This new procedure would only apply in cases in which Columbia purchases the accounts receivable of the supplier. Because Columbia purchases receivables at no discount, it argues that it solely bears the risk of arrearages. Therefore, to reduce overall system arrearages, this new procedure would ensure that sales customers and CHOICE customers are treated identically in termination proceedings. Columbia has also offered to submit a report comparing the number of actual terminations with the number of termination notices issued for both CHOICE and sales customers between November 1, 2005 and November 1, 2006. The full text of the Application is available on the NEM web site.

NEM has compiled a detailed analysis of electric settlement provisions. NEM provides analysis of Allegheny Power, Duqesne, FirstEnergy and PECO electric tariffs. Likewise, NEM provides analysis of Columbia, Dominion People's, Equitable, NFG and PECO gas tariffs. Copies of the analyses are available from NEM Headquarters upon request. The analyses are also posted on the NEM web site, but are available for members only.

NEM has compiled a detailed analysis of electric settlement provisions. NEM provides analysis of Texas New Mexico Power, TXU, Texas Central, Texas North and Centerpoint electric tariffs. Copies of the analyses are available from NEM Headquarters upon request. The analyses are also posted on the NEM web site, but are available for members only.