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September 30, 2010

EDF Trading North America Receives Maryland Gas License
The Maryland PSC granted EDF Trading North America, LLC a natural gas supplier license to serve industrial customers at Baltimore Gas & Electric.

Bmark Energy Receives Maryland Broker License
The Maryland PSC granted Bmark Energy an electric broker license to serve all customer classes in all service areas (Only in Matters, 8/9/10).


Interstate Gas Supply in Process of Becoming Approved Supplier at BGE
In response to a question from Maryland PSC Chairman Douglas Nazarian of whether it is serving residential customers in Maryland, Interstate Gas Supply said yesterday that it is not offering residential service at the moment, but is currently in the process of becoming an approved supplier at Baltimore Gas & Electric.  As only noted in Matters, IGS Energy received its Maryland gas supplier license in June.

PUCT Approves Order Dismissing Gexa Variable Rate Complaint
The PUCT approved an order of dismissal regarding a complaint case (Docket 37569) against Gexa Energy concerning whether Gexa was under an obligation to lower its variable retail rates contemporaneously with decreases in wholesale prices.  Under a settlement Gexa has paid the customer an amount representing the maximum difference between costs under what Gexa charged and what the customer alleged should have been charged (just under $1,000), though the settlement did not make any finding of what Gexa's obligations were under the contract.  Had the case been fully litigated, it would have addressed an issue of market-wide interest, since the complainant's argument was that the fair dealing provision of the Uniform Commercial Code, which the Gexa contract incorporated into its terms of service, set an industry standard for variable retail rates to adjust contemporaneously with wholesale prices, even though the Gexa contract never explicitly provided for such a relationship (see discussion in 3/4/10 issue).

South Portland, Maine, Weighing Self-Supplying Load, Offering Service to Residents
The city of South Portland, Maine, in the Central Maine Power service area is considering forming a competitive retail supplier to directly supply municipal loads as well as residential and small commercial customers with power purchased directly from the NEPOOL market. The city this week has sent mailers to customers gauging interest in the entity, as the city is seeking to meet a minimal load threshold before moving forward with creating the supplier. Estimated savings under the program are 10-15%, according to Erik Carson, Assistant City Manager. Currently, municipal loads are brokered by Maine Power Options.

PUCT Staff Files Brief Opposing Waiver of Subst. R. 25.107(f)
PUCT Staff filed a brief affirming its position that the Commission should deny Clearview Electric's requested waiver of the financial requirements of Subst. R. 25.107(f) due to its small ERCOT book of only about 60 customers (see earlier story).  Briefs were due September 29, and though the Commission invited comment from any interested party, Staff's brief was the only one available on the PUCT's docketing site this morning (Docket 38446).  "If the Commission were to grant a blanket waiver of the requirements of §25.107(f) for REPs with limited load or few customers the Commission would remove important financial safeguards for the customers of the REPs that qualified for the waiver as well as for affected TDUs and other REPs" Staff said.

Fire Fly Electricity Seeks to Relinquish REP Certificate
Fire Fly Electricity, LLC, which forfeited its existence in 2008, filed to relinquish its REP certificate at the PUCT.  PUCT Staff had previously moved to revoke Fire Fly's certificate for alleged non-compliance with the certification rules under Subst. R. 25.107.

Utilities Saving Services Withdraws Texas Aggregator License
Texas aggregator Utilities Saving Services LLC filed to withdraw its aggregator certificate, stating that it has never aggregated customers.

PUCT Issues Written Deferred Payment Plan Order
The PUCT has issued a written order in Docket 36131 adopting amendments to Subst. R. §§25.454, 25.480, and 25.483, concerning deferred payment plans, switch holds, and related issues.  The new rules were approved at the Sept. 15 open meeting (see prior discussion when voted upon).

ICC Forms Plug-In Vehicle Initiative
The Illinois Commerce Commission announced a Plug-In Vehicle Initiative, co-chaired by Acting Chairman Manuel Flores and Commissioner Erin O'Connell-Diaz.  Utilities were directed to prepare an assessment of the expected impact of the first wave of plug-in vehicle deployments.  The initiative will establish stakeholder working groups to discuss key issues and develop standards and/or best practices for Plug-in Vehicle deployment.  

Portland General Electric Withdraws Requested Waiver from Competitive Bidding Rules
Portland General Electric has withdrawn a petition requesting a one-time waiver of the Oregon Public Utility Commission's competitive bidding guidelines for new energy resources.  PGE had requested the waiver to expedite consideration of a time-sensitive agreement with Renewable Energy Systems Americas Inc. for PGE's acquisition of the development rights assets for the Rock Creek Wind Farm in Gilliam County, Oregon.  However, new U.S. Fish and Wildlife Service regulations may require developers to conduct additional studies regarding impacts on avian species, making the contemplated transaction timeline unworkable and thus precluding the need for a waiver.

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