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February 22, 2002
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NEM Annual
Membership Meeting and National Restructuring
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A number of very prominent
speakers and PUC Commissioners have agreed to speak at NEM's Annual Membership Meeting and National
Restructuring Conference to be held June 20 and 21,
2002 at the Marriott Metro Center in Washington,
DC. A quick
registration form is hotlinked here for your convenience. An
electronic brochure is also hotlinked here.
Please
contact NEM headquarters if you are interested in sponsorship
or table-top space at the conference, as space will be
limited. |
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Conference
Call on NEM's Meeting with Commissioner Brownell
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In order to have an organized
and effective meeting with Commission Brownell, those who plan
to attend the meeting in person are requested to participate
in a pre-meeting conference call on February 27, 2002, at 1PM. The dial-in number is 1-303-248-1820, and the passcode
is 428358. To avoid
confusion and extraneous issues being presented, all members
who wish to participate in the meeting with Commissioner
Brownell are requested to participate in this conference call
pre-meeting agenda and presentation planning session. For
those who can fly in early on the date of the meeting, we will
plan a lunch to review issues before the meeting as
well. |
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Wholesale
Electric Standards Board Conference
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At yesterday's wholesale
electric standards board meeting, NERC reported the recent
actions of its Board. The NERC Board passed resolutions
providing that NERC should be the entity to devise reliability
standards and that it would not pursue responsibility for the
development of market practice standards. NERC proposed that
it would be possible to coordinate the activities of a
business practices organization with NERC activities but that
there should not be a "one-stop shop." Accordingly, NERC
proposed that there be two separate forums, a reliability
forum and a business practices forum, and the forum would be
selected by which area was predominantly related to the
standard. NERC also proposed that, as necessary, it would be
the spokes-entity for reliability in the NAESB process. The
full text of NERC's
Resolutions are available on the NEM
Website. |
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Daschle-Bingaman "Energy Policy Act of 2002"
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Senators Daschle and Bingaman
introduced S.Amend.2917, the "Energy Policy Act of 2002."
Provisions include: 1) standards for FERC to consider in
determining whether market-based rates are just and reasonable
such as whether: a seller and its affiliates adequately
mitigated market power, if the sale occurred in a competitive
market, if market mechanisms like power exchanges and bid
auctions are functioning adequately, demand response mechanism
effects, and the effect of reserve margin requirements. It is
allows FERC, upon a finding that a market-based rate is unjust
and unreasonable, to determine the just and reasonable rate
and set it; 2) requiring FERC to establish generation
interconnection standards and procedures; 3) requiring FERC to
establish mandatory electric reliability standards systems; 4)
requiring FERC to establish rules for an electronic
information system that provides information on the
availability and pricing of wholesale electric energy and
transmission services. As part of this system, RTOs must
provide information about available capacity and capacity
constraints and market-making entities must provide
information about the amount and sale price of sales of
electric energy at wholesale; 5) repealing PUHCA; 6) an
inter-agency task force, the “Electric Energy Market
Competition Task Force," is to perform a study pertaining to
competition in the wholesale and retail electric markets. The
Comptroller General must also perform a study of federal and
state government efforts to prevent anti-competitive behavior
of public utility holding companies and to promote
competition; 7) electric utilities must provide real-time
pricing service to requesting customers; 8) distributed
generation, combined heat and power, and district heating and
cooling systems must be provided competitive access to the
local distribution grid and competitive pricing of service.
Electric utilities must use standard contracts for generation
interconnection for facilities with a power production
capacity of 250 kilowatts or less; 9) net metering for
renewable energy and fuel cells must be made available to
requesting consumers; 10) FTC rules shall require electric
utilities to provide consumers with information on the nature
of service offered, the energy price, a description of the
other charges of service such as access charges, exit charges,
back-up service charges, stranded cost recovery charges, and
customer service charges; 11) FTC rules shall prohibit
disclosure of electric consumer information by an electric
utility unless it is for the purpose of changing the
consumer's electric utility; and 12) FTC shall prohibit
slamming and cramming of electric consumers. The full text of
the Daschle-Bingaman
Legislation is available on the NEM Website. |
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Feinstein
Introduces Energy Trading Oversight Bill
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Senator Feinstein introduced
S.1951, on energy trading oversight. The bill gives FERC
jurisdiction over derivatives transactions, persons making the
transactions, and entities operating electronic forums to make
the transactions. Derivative transactions are defined as,
"transaction based on, or reflecting prices of or for,
electric energy or natural gas," and include futures, options,
forwards and swaps. Under the bill, derivative transactions do
not include retail sales of electric energy and natural gas
under exclusive state jurisdiction and do not include
transactions under exclusive CFTC jurisdiction. The bill makes
it "unlawful to make, demand, or receive rates and charges for
or in connection with derivative transactions that are unjust,
unreasonable, discriminatory, or preferential. The full text
of S.1951
is available on the NEM Website. An Article
with NEM's Position on the Feinstein Bill is hotlinked
here. |
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Maryland |
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Status
Conference on Competition in BGE Service
Territory |
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The Commission will hold a
status conference on March 4,
2002, at 9:30AM to discuss the status
of retail choice with respect to BGE's Schedule P
customers for whom Standard Offer Service will no longer
be available as of June 30, 2002. The Commission is
interested in information about logistics of customer
enrollment, if competitive offers are being made to
these customers, and what will happen to customers that
do not choose a new supplier before SOS expires. The
full text of the Notice
of Status Conference is available on the NEM
Website. |
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Michigan |
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Retail
Energy Imbalance Proposal |
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At the second retail
energy imbalance meeting, a supplier proposal was
presented for a retail imbalance program. It was based
on the program initially proposed by large industrial
customers in the open access tariff cases. Under the
plan, an individual supplier's imbalance would usually
be settled at the utility's Top Incremental Cost
("TIC"). In some cases, imbalances would be settled as
follows: 1) for undersupplies the supplier would pay
110% of the utility's TIC; and 2) for oversupplies the
supplier would be paid 90% of the utility's TIC. These
penalties, however, would only apply when the total AES
(Alternate Energy Supplier) aggregated load is outside
of a certain deviation band. Further, it only would
apply to AESs who are in an imbalance in the same
direction as the aggregate imbalance. Finally,
individual AESs also would get a deviation band. The
deviation bands would start out at 10% or 6MW in 2002
and shrink to 6% or 4 MW by 2006, to reflect increased
scheduling sophistication of AESs.
The utilities
response is due March 7, 2002. A third meeting will be
held on March 11,
2002. Open questions to address include
MISO's willingness to administer a retail energy
imbalance program and what is a truly "cost based"
penalty. The full text of the Retail
Energy Imbalance Proposal is available on the NEM
Website. |
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Detroit
Edison Electric Choice Program Workshop |
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Detroit Edison will hold a
workshop on March 21,
2002, at 7:30AM on its electric
choice program. The agenda for the meeting includes a
program overview, supplier qualification, customer
metering, load profiling and load leading, customer
enrollment, customer billing, current and future
marketer billing and energy tagging. Registrations are
due by March 14, 2002. In order to view the agenda and
to register go to http://www.suppliers.detroitedison.com/internet/supplierworkshop.jsp. |
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New Jersey |
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NEM
Comments on Basic Generation Service |
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NEM submitted comments on
the competitive provision of Basic Generation Service
(BGS). NEM recommended that competitive BGS should be
priced to reflect the full energy supply and commercial
costs of serving retail load and that the pricing
mechanism must flexible to account for changing market
conditions. NEM recommended that if the Board and
political demands require assurance of extra reliability
that such a requirement should be included in the RFP
for the service. NEM cautioned that if the Board limited
ratepayers exposure to market-based BGS rate increases
that it would send false price signals and that
consumers must be able to see and respond to price
signals by modifying their consumption or choosing a
lower-priced competitive provider. The full text of NEM's
Comments are available on the NEM
Website. |
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New York |
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NEM and
Staff Comments in Unbundling Proceeding |
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NEM submitted reply
comments in the unbundling proceeding reiterating that
unbundled rates should be based on the utilities'
embedded costs and not long run avoided costs. NEM
argued that the utilities proposed transition cost
recovery method should be rejected and that stranded
costs should be recovered after-the-fact on a
competitively neutral basis in distribution rates. NEM
also urged that the Commission must require that
unbundled rate information for competitive and
potentially competitive products, services, information
and technologies must be provided on a line item basis
to provide consumers with an adequate basis for
comparison when they shop. The full text of NEM's
Comments are available on the NEM
Website.
Staff submitted reply comments arguing
that lost revenues should be collected on an
after-the-fact basis and in a non-bypassable charge
imposed on all customers. Staff repeated its
recommendation that long run incremental cost studies
should not be attempted until after embedded cost-based
rates are in effect. Staff also recommended that
research be conducted to gather consumer input on
presentation of information on bills. The full text of
Staff's
Brief is available on the NEM Website. |
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Virginia |
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Staff's
Report on Proposed Competitive Electricity Metering
Rules |
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Staff issued a Report
setting forth proposed rules for competitive electricity
metering. The rules address access to interval meter
data by customers and competitive service providers and
require that utilities offer read-only electronic access
to the interval billing meter and/or receipt of a stream
of data pulses proportionate to energy usage. Staff
recommends that the rules become effective January 1,
2003. Staff also states that it will continue to examine
pilot programs and other metering service elements and
will submit a report with its findings on June 30, 2002.
Comments on Staff's Proposed Rules are due March 25, 2002. The full
texts of the Order
Inviting Comments and Staff's
Proposed Rules are available on the NEM
Website. |
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© Copyright 2001 National Energy Marketers
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