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April 1, 2005
Peoples Energy Services Rejoins NEM Executive Committee

NEM is pleased to announce that Peoples Energy Services has been elected to rejoin the Executive Committee. Peoples Energy Services is one of the Midwest’s leading providers of natural gas and electricity to businesses and residential customers. Peoples Energy Services will be represented within NEM by Wendy Ito, Director, Business Planning and Development, and Jennifer Witt, Manager of Market Analysis.

NEM's Annual Restructuring Conference

NEM's Annual Spring Restructuring Conference will be held at the Marriott Metro Center on April 26-27, 2005 in Washington, DC. The VIP reception will be held at the Canadian Embassy. Three Senators and six Ambassadors have confirmed attendance at the reception. Many thanks to Centrica, Commerce Energy Group, ESG, Excelergy, Interstate Gas Supply, Constellation NewEnergy, Proliance and SAP for offering to sponsor this event.

Speakers this year include FERC Chairman Patrick Wood, FERC Commissioner Kelly, Deputy Secretary of Energy Clay Sell, CA Deputy Secretary of Energy Joseph Desmond, NYPSC Chairman William Flynn, Orange and Rockland Utilities President John McMahon, MADTE Chairman Paul Afonso and Chairman Alan Schriber from Ohio. In addition to those mentioned above, Michigan PSC Chair Laura Chappelle, Ronald Cerniglia of the New York PSC, Jeanne Fox of the New Jersey Board of Public Utilities, and CA PUC President Michael R. Peevey have also confirmed.

Sessions will include: 1) Serving the Public Interest: Shifting Commodity Risks to the Marketplace, Modification of the Obligation to Serve and Incentives for Sustainable Growth; 2) Transition to a Competitive Market – Cutting Edge Accelerated Customer Migration Strategies, Incentives and Timing of Utilities Exit from the Merchant Function. To sign-up for this conference or to view the agenda for the two day event, please click here.

FERC Chair and Commissioners Submit Letters to House Regarding Proposed Energy Bill

With the Energy Policy Act of 2005 dicussion draft pending before the Congress, the FERC Chairman and the FERC Commissioners submitted letters in response to Congressman Dingell's questions regarding HR 6, a bill in the House of Representatives (which is now before the Energy and Commerce Committee) to amend the Natural Gas Act, the Federal Power Act and the Natural Gas Policy Act.

The FERC Chairman's letter was drafted in response to questions from Congressman John Dingell (D-MI). Each of the three Commissioners sent separate letters to Mr. Dingell commenting on Chairman Wood’s letter and comments. Although each writer emphasized different issues, the Chairman and the Commissioners did not notably disagree on any point. Copies of the letters were sent to House Energy and Commerce Committee Chairman, Joe Barton (R-TX) and Committee members.

The full text of the FERC Commissioners' Responses are available on the NEM Website.

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AB 1704 Introduced on Core/Non-Core Market Structure

Assembly Member Richman introduced AB 1704 on a core/non-core electric market structure. The bill requires the PUC to transition to such a structure. Core customers are defined as those with maximum aggregate peak demand of less than 200 kilowatts. The utilities would have a duty to provide core and core-elect customers with electricity, transmission and distribution service, and auxiliary services. The utilities would have a duty to provide transmission and distribution service on a non-discriminatory basis to non-core, aggregated non-core, grandfathered direct access and green choice customers. The full text of AB 1704 is available on the NEM Website.

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ComEd Proposes a Reverse Auction for Wholesale Supply

A prehearing conference is scheduled on April 8 in the ComEd wholesale supply reverse auction proceeding. The proposed tariff sheets were suspended until July 24, with Commission action required by January 24, 2006.

ComEd has proposed that, beginning in 2007, 100% of its load be set for bid at the first auction, with staggered 1, 3 and 5 year contracts. ComEd proposes to use its existing methodology to determine the market value of electricty by using the prices of the standard form auction contracts. Suppliers will enter into forward contracts to supply electricity in ComEd's load zone at fixed prices. There will be two auctions -- the retail aggregate load - blended and the retail aggregate load - hourly. Implemented through a phase-in process, ComEd wil procure its full requirements for the retail aggregate load -blended through 9 auction products, including 5 staggered products, each for 5 years and for 5% of the load; 3 staggered products for 3 years for 20% of the load; and 1 product for 1 year for 15% of the load. In addition, there will be one auction for the hourly load for one year.

ComEd has proposed 4 new tariff riders - Rider CPP (competitive procurement process); Rider PPO-MV (power purchase option - market value methodology); Rider TS-CPP (transmission service - competitive procurement process); and a revised Rider PPO-MI (power purchase option - market index).

Ameren Companies Have Proposed Reverse Auctions to Obtain Supply For BGS

The Ameren Companies (CIPS, CILCO and Illinois Power) have proposed a competitive procurement reverse auction process in order to provide BGS service, effective as of January 2007. Each Ameren Company also has proposed a Rider MV to determine the market value of electricity based on the auction for standard products and contracts. Suppliers would sign tranche-specific foward contracts at fixed prices. Ameren proposes to bid out 2 fixed price products (BGS-FP and BGS-LFP) and one variable hourly priced product (BGS-LRTP). The terms for the BGS-FP bids would be for 17 months, 29 months and 41 months, while the the term for BGS-LFP and the hourly product would be for 17 months.

The Ameren Companies also have filed a request for waiver of the standard information requirements for their proposed new electric service schedules.

The proposed tariffs have been suspended until July 27, 2005, with prehearing conferences scheduled for each Ameren company on April 8.

New Jersey
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Green Power Program Approved for New Jersey

The Commission approved the statewide green power choice program, which allows customers to select a green energy option from a variety of green power products and marketers while not having to switch suppliers. The program is described as a joint effort between multiple utilities and green power marketers and will go into effect in 2005 after the utilities modify their billing and information systems.

New York
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NYSEG and RG&E Attack on Competitive Markets

Under the guise of filing comments on O&R's retail access implementation plan, NYSEG and RG&E have attacked fundamental competitive market principles. The utilities' comments are a procedurally inappropriate challenge to the Commission's Retail Policy Statement. Their comments are also an attempt to excuse their own failure to comply with the Policy Statement and file a retail access implementation plan. NYSEG and RG&E question whether the prices charged to customers under the O&R PowerSwitch program are just and reasonable and dispute whether the migration levels achieved justify the program as good public policy. NEM is drafting a response to the utilities' comments. The full text of NYSEG and RG&E's Comments are available on the NEM Website.

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Ohio Rejects Rehearing of DPL Supplier Billing Settlement

The Commission denied the Consumer Counsel's rehearing request regarding the settlement among Dayton Power and Light, Green Mountain, Dominion Retail, Industrial Energy Users, Commission Staff and others regarding DPL's billing related to aggregators and suppliers. The settlement addressed charges to suppliers for billing, consolidated billing system modification costs, and supplier default expenses. The full text of the Order is available on the NEM Website.

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