Legislation

2/03

Government Energy Aggregation, A-2165, P.L. 2003. Revises process for governmental energy aggregation by allowing “all-in/opt out” tool, with intent of making it easier to negotiate lower energy rates. If municipality forms an energy pool, allows all residential customers to be included unless they choose to opt out of the program. Suppliers would have better knowledge of the size of the energy pool, which will simplify rate negotiations. Municipalities will be able to obtain load profile and other customer information in electronic format.

2/99

The Electric Discount and Energy Competition Act, P.L. 1999. Opens up the state energy industry to competition, mandating restructuring of electric utilities by August 1999 and gas utilities by December 31, 1999. Utilities are to be given the opportunity to recover prudently incurred stranded costs. The Board of Public Utilities is to oversee the restructuring process and define standards for fair competition, gas affiliate relations, accounting and reporting, and third-party supplier licensing, safety, and service quality. Gas and electric power suppliers must be licensed before they can offer retail services. The act authorizes energy aggregation by private and government entities.

Regulatory Actions

6/03

New Rules Adopted re Government Energy Aggregation Programs. Rules include new procedures and options directed at increasing participation in aggregation programs. Local governments can include all local residential customers unless the individual chooses to “opt-out” of the program. Nonresidential customers would be required to opt-in.

9/02

Energy Competition Rules Re-adopted with Amendments. Board reviewed its rules on energy competition, interim environmental information disclosure standards, affiliate relations, fair competition and accounting and reporting standards, and interim government energy aggregation program standards.

4/02

Approval of Transfer of PSE&G Interstate Capacity Contracts to Newco, an Unregulated Affiliate.Board ruled that Newco can provide the interstate capacity, storage, and supply needed for PSE&G to provide basic gas supply service. PSE&G will implement an optional capacity release program to ensure that third-party suppliers can obtain capacity to deliver to their customers on PSE&G's system if needed. The action will move all nonresidential customers to market-based pricing and provide the opportunity to consider similar pricing structures for residential customers. The Division of Ratepayer Advocate had opposed PSE&G's petition.

1/02

Board Decides Market Not Yet Ready for Competitive Basic Gas Supply Service (BGSS). The Electric Discount and Energy Competition Act specified that by January 1, 2002, the BPU must determine whether to make BGSS available on a competitive basis to any gas supplier, any gas public utility, or both. In an order (Docket GX01050304) issued on January 17, 2002, the BPU declined to order competitive BGSS at this time but directed the staff to form a gas policy group to examine pricing and reliability issues that will affect the long-term structure of BGSS. The BPU also decided that interested competitive suppliers and utilities could pursue implementation of BGSS pilot programs subject to certain guidelines. These guidelines include use of a 2-year minimum term, inclusion of at least 25% of residential and small commercial customers in the pilot, supplier access to interstate capacity and storage, and uniform pricing for all customers within the same rate class categories and no subsidization.

6/01

Inquiry into Approval of Competitive Basic Gas Supply Service. Board requested comments on questions related to its requirement to determine by January 2002 whether to adopt competitive BGSS and directed staff to form working groups to discuss major relevant issue. Comments are due by July 9, 2001, and working group feedback is due by August 15, 2001.

9/00

Approval of Internet Enrollment. Board approves Internet Pilot Program allowing NJ consumers to select energy suppliers on the Internet. Until now, a customer's written signature was required before any change could be made and Internet enrollments were limited to 10 percent.

1/00

Approval of LDC Unbundling Filings. The Board approved the rate unbundling filings of the state's four LDCs: New Jersey Natural Gas Co., NUI Elizabethtown Gas, South Jersey Gas Co., and PSE&G. The approved stipulations include incentives, effective through 12/31/02, for residential customers to switch to third-party suppliers.

9/99

Natural Gas Supplier Licenses. The Board reminded gas suppliers providing retail service as of 2/9/99 that they have until 9/10/99 to apply for a gas supplier license or to submit a letter of intent, which must be followed by a license application by 10/11/99. Failure to do so will result in the company being unable to provide gas supply service in the state.

6/99

Government Aggregation Standards. Final 6/25/99. Sets standards for cooperative purchasing of electric generation service and/or gas supply service, required contract provisions, and conditions for providing government aggregation programs. A government aggregator must allow (but not require) participation by residential and business customers, but customers must first provide written consent. A contract between a government aggregator and third-party supplier must specify (1) specific responsibilities of the parties, (2) charges, rates, formulas used to determine customer charges, (3) procedures to obtain a customer's written consent, (4) proposed terms of contract between customer and supplier, (5) aggregator resources associated with services, (6) contract duration, (7) indemnification provisions, (8) performance bond terms, and (9) compliance with Board mandated consumer-protection provisions. A government aggregator may have only one contract for either electric or gas service or both services for consumers within their jurisdiction but not two contracts for the same service.

6/99

Formation of Natural Gas Implementation Working Group. The Board ordered gas utilities to form a working group with third-party suppliers and consumer advocates to resolve nonrevenue issues associated with retail gas competition, such as enrollment, billing, data interchange, customer information, third-party supplier agreements, nomination procedures, and reliability. The group is to consider data exchange issues first, specifically the relevance of a uniform electronic data interchange system. The group is to provide recommendations to the Board when consensus is reached and identify any unresolved issues by 10/15/99.

5/99

Licensing and Registration Rule. Final 5/12/99. All third-party gas suppliers must be licensed by the Board of Public Utilities, including those currently providing service under pilot choice programs. Applications must include a list of planned services by customer class, a sample residential contract, evidence of creditworthiness, preceding 12-month historical data on NJ gas sales, revenues, and volumes, and a surety bond of $250,000. When an application is approved, the supplier pays an $800 licensing fee. The license is valid for 1 year and must be renewed at least 30 days before its expiration date. The licensee must comply with all mandated reliability and safety standards and supply pipeline quality gas (heating value of at least 1,000 Btu per cubic feet). Licensees must have a NJ office, maintain records for 3 years of any customer complaints and remedial actions, and comply with specific standards of conduct approved by the Board. Within 6 months of receiving a license, the supplier must provide the Board with the number of residential customers it serves in NJ, by zip code. The rule also specifies the registration processes for energy agents and private aggregators.

5/99

Consumer Protection Standards. Final 5/12/99. Gas suppliers' TV and radio advertising must provide a toll-free number where customers can get price information and the LDC delivery area of the service. Marketing materials must include the average price per therm for offered gas supply service, exclusive of optional services, the time period of the offer, the average price per therm for gas supply service for basic supply service by the LDC during the same period, and the estimated percentage savings. Optional service offerings must identify the separate charges. Service to retail customers cannot occur without a customer's written signature on a contract. The customer will receive notification of its supplier selection and has 14 days to rescind the decision. Bills must separately itemize charges for optional services and also identify separate charges of the gas supplier and LDC if the customer chooses to receive one bill. May not disclose any customer-specific information without customer's written consent. In complaints, customers must be informed of alternate dispute resolution procedures.

6/99

Restructuring Filing Clarification. The Board clarified that the scope of the LDCs' restructuring filings should allow analysis of all costs so as to identify all gas supply-related costs and supply-related overhead, administrative, and general costs. The Board directed companies to respond fully to discovery requests within 10 days and changed the deadline for intervener testimony from 7/16 to 7/22.

5/99

Anti-Slamming Provisions. Final 5/12/99. Any change in a supplier must be authorized by the customer and then verified. Authorization records are to be kept by the supplier for at least 3 years. Unauthorized switching could result in revocation of a company's license and in financial penalties.

3/99

Standards. Order Releasing Draft Interim Standards for Public Comment, Docket EX99030182. Proposed standards extend to both electric and gas utilities and cover affiliate relations, consumer protection measures, licensing of competitive energy suppliers, anti-slamming measures, service reliability, and aggregation programs. A utility may not give its affiliates (or affiliates' customers) any preference in providing regulated services; may not tie regulated service to any other product; and may not disclose any customer-specific information (unless requested by customer). Utilities and affiliates must be separate corporate entities with separate books and records and separate offices and computer systems. Joint promotions or proposals are prohibited and any use of a utility's logo by an affiliate in the state must be accompanied by a disclaimer stating that the companies are separate entities and that the affiliate is unregulated. Utilities cannot provide competitive products or services without Board approval; these services are limited to metering, billing, or administrative services and those services related to customer and public safety and reliability. Utilities can continue to provide previously-approved competitive services as long as a public tariff is filed within 60 days of final adoption of these standards. Gas suppliers must have an office in NJ and post bond. A supplier may not switch a customer's service without the customer's written permission.

3/99

Order Establishing Procedures, Docket GX99030121.The Board established procedures to implement restructuring of the natural gas industry as per the Electric Discount and Energy Competition Act. Gas utilities are directed to unbundle gas rates and by April 30, 1999, file (with supporting documentation) a proposed basic gas supply rate (by customer class), a proposed billing credit for customers who receive billing services from a third-party supplier, a "societal benefits charge" to recover prudently incurred expenses, a proposed regulatory asset charge, and a proposed transportation rate. Target hearing dates are set for 9/9/99 through 9/22/99.