Constellation Now Unopposed to Non-Unanimous Default Service Stipulation at FirstEnergy Ohio

Constellation NewEnergy, Inc. and its parent corporation, Exelon Generation Company, LLC have signed, as non-opposing parties, a stipulation to implement the FirstEnergy Ohio utilities' sought third electric security plan (ESP 3), after the FirstEnergy EDCs agreed to make certain data available to retail suppliers and wholesale bidders.

As part of not opposing the stipulation, Constellation takes no position regarding the pricing and source of power for Percentage of Income Payment Plan customers, who would be served under a no-bid contract by FirstEnergy Solutions per the stipulation.

As previously reported, the stipulation would continue to use a blend of 12, 24, and 36 month contracts to serve all standard service offer (SSO) customers

Constellation originally filed testimony stating that it, "is concerned that certain aspects of the proposed ESP interfere with robust competition in FirstEnergy's service territory to the ultimate detriment of consumers in that territory." That testimony has been withdrawn, and Constellation's testimony now only offers recommendations regarding the treatment of PJM Economic Load Response charges, as well as an overview of commitments made by the FirstEnergy EDCs with respect to information provided to retail suppliers and wholesale bidders.

Originally, Constellation had also sought through its earlier testimony a Purchase of Receivables program and a collaborative on supplier consolidated billing. Those two programs were not included in a letter agreement between Constellation and the FirstEnergy EDCs, and Constellation's testimony regarding both programs has been withdrawn

Under a letter agreement with Constellation, the FirstEnergy EDCs have agreed to the following data and information enhancements for retail suppliers:

a. Prior to December 31, 2012, the FirstEnergy Utilities will add the following segments to the PTD*FG loop of the 867HU in Ohio, (identical to PA/NJ/MD).

i. REFLF=Loss Factor

ii. REFLO=Load Profile

iii. REFNH=LDC Rate Class

iv. REFBF=LDC Bill Cycle

v. REFSV=Service Voltage

The FirstEnergy Utilities will add "REFKY=Special Meter Configuration" by December 31, 2012.

b. By December 31, 2012, Auto cancel Supplier 810 when FE cancels customer usage in Ohio will be implemented.

c. By July 1, 2013, the FirstEnergy Utilities will adopt PA EDEWG EDI Change Control 85/90 - adds notification (REFKY) to Supplier a net meter is present or added to a customer account.

d. By December 31, 2013, the FirstEnergy Utilities will cease sending negative KWH consumption in the PTD*SU (summary) loop of the EDI 867 Monthly/Interval Usage when customer generation is greater than consumption. The KWH in the SU (summary) loop should be zero when this situation occurs FE should pass the net customer generation consumption as a positive number with the applicable QTY qualifier to denote the excess customer generation (87 or 9H).

e. By December 31, 2013, the FirstEnergy Utilities will support supplier bill messaging on EDU consolidated billing via the NTE segment (minimum two lines of 60 characters each) in the bill ready 810 guidelines in Ohio. The content of the bill messaging will be subject to review by the FirstEnergy Utilities and any review or approvals required by the Public Utilities Commission of Ohio or its Staff.

f. By December 31, 2013, support supplier drop rescission request via supplier initiated EDI 814.

Additionally, the FirstEnergy utilities also agree to conduct a collaborative meeting with suppliers and other interested stakeholders prior to filing for approval of any subsequent standard service offer. The purpose of the collaborative will be to discuss any possible enhancements to the future use of a competitive bid process to procure generation supply for the standard service offer.

Constellation's testimony continues to recommend that Economic Load Response charges from PJM be assumed the FirstEnergy EDCs for all distribution load, and included in Rider NMB, the nonbypassable rider for non-market based transmissions services, such as NITS. This treatment would be similar to what occurs at Duke Energy Ohio. The FirstEnergy EDCs do not oppose Constellation's recommendation.

Constellation sought such treatment of Economic Load Response charges given that the effects of significant changes in market structure to promote Economic Load Response participation are unknown at this time, and because such charges will be difficult for potential wholesale bidders to predict and manage as part of their bids.