Pursuant to NEM's urging, the ICC adopted internet enrollment rules which will be effective starting July 1, 2003. The rule contains sections on the following: (1) definitions, (2) criteria by which to judge the validity of an electronic signature, (3) method by which the authenticity of electronic signatures may be proven, and (4) additional requirements for an electronic letter of agency (LOA). Electronic signature was defined as an electronic sound, symbol or process attached to or logically associated with a LOA and executed by a person with the intent to sign the LOA. A recording of oral assent is not an electronic signature. Under the rule, an electronic LOA must provide the means by which any future correspondence between the customer and retail electric supplier (RES) will be sent and a conspicuous statement that residential customers may cancel the enrollment within 3 business days after the Internet enrollment. The full text of the Internet Enrollment Rules is available on the NEM Website.

NEM submitted comments on mandatory hourly pricing. NEM supports real-time pricing and submitted that advanced metering and related technologies enable the efficient management of both energy supply and demand through timely, accurate dissemination of critical real-time energy usage information. NEM submitted that New York commercial and industrial consumers' concerns about monthly bill variations are more than adequately addressed by ESCO fixed-rate options. Under fixed-rate service, the ESCO will assume the risk that the consumer is unwilling to speculate on.

NEM also submitted that serving certain utility customers under mandatory RTP may be an efficient way to promote the Commission's goals of more effectively reducing demand and peak period pricing and encouraging conservation. NEM offered its industry wide technology and supply experts to the Commission to work together with utilities to accomplish these objectives in an effective and timely manner. NEM urged the Commission to refrain from mandating hourly pricing on ESCOs and to instead, allow the market forces of supply and demand to determine which types of energy efficient and DSM products and services will be available to New York's consumers. The full text of NEM's Comments are available on the NEM Website.

The ALJ issued a schedule for comments in the next phase of the renewable portfolio proceeding. There will be a workshop on cost/benefit study methodologies in mid-June (exact date wil be set shortly). Initial comments filed on all issues except cost studies are due July 9, 2003, and cost studies are to be filed July 23, 2003,. Also, on July 23, 2003, a Draft Generic Environmental Impact Statement will be issued. Initial comments on cost studies and reply comments on all issues besides cost studies are to be filed on August 15, 2003. Reply comments on cost studies are due August 26, 2003.

DP&L offered a Stipulation in the DP&L case that would extend the Market Development Period (MDP) two years until December 31, 2005 and extend the price freeze through 2005. Under the Stipulation the Signatory parties agree to a 3-year rate stabilization period (RSP) that would start on January 1, 2006 and ending December 31, 2008. Under the RSP, DP&L would provide a market based standard service offer (SSO) and residential customers would continue to get the 5% rate reduction to unbundled generation. Additionally, the Stipulation would terminate the Regulatory Transition Cost (RTC) and Customer Transition Cost (CTC) and add the corresponding rates to the electric generation service rates starting January 1, 2004. The Stipulation also establishes shopping credits for all customers during the extended MDP.

NEM members were generally not party to this Stipulation. NEM members have expressed opposition with this Stipulation and urged NEM to oppose it. The full text of the Stipulation and an NEM Analysis of the Stipulation are available on the NEM Website.

PUCO issued a report to the Ohio General Assembly that provides a biennial overview of Ohio's retail electric choice programs' market activity. The report provides an update on the status of Ohio's competitive electric market using the official switching statistics and a summary of the key market development issues currently before the Commission. The report states that aggregation programs account for nearly 93 percent of residential customer switching, more than 88 percent of commercial customer switching, and nearly 20 percent of industrial customer switching. The Report also states that in the residential market, the megawatt hours sold by alternative suppliers reached 60 percent in the Cleveland Electric Illuminating Company territory, 36 percent in the Toledo Edison Company territory, 22 percent in the Ohio Edison Company territory, and 2 percent in the Cincinnati Gas and Electric Company territory. In the commercial market, the megawatt hours sold by alternative suppliers reached 50 percent in the Cleveland Electric Illuminating Company territory, 51 percent in the Toledo Edison Company territory, 38 percent in the Ohio Edison Company territory, 32 percent in the Cincinnati Gas and Electric Company territory, 9 percent in the Dayton Power and Light Company, and 6 percent in the Columbus Southern Power Company territory. In the industrial market, the megawatt hours sold by alternative suppliers reached 32 percent in the Ohio Edison Company territory, 28 percent in the Dayton Power and Light Company territory, 20 percent in the Cleveland Electric Illuminating Company territory, 18 percent in the Cincinnati Gas and Electric Company territory, and 5 percent in the Toledo Edison Company territory. Chairman Alan R. Schriber stated in the report that of the twenty-four states in the United States that have adopted electric choice, Ohio’s experience has been among the best. The full text of the PUCO Report is available on the NEM Website.