STATE of NEW JERSEY Board of Public Utilities 44 South Clinton Avenue, Gth Floor Post Office Box 350 Trenton, New Jersey 08625-0350

Agenda Date: 2/12/15 Agenda Item: 2A

STATE OF NEW JERSEY Board of Public Utilities 44 South Clinton Avenue, gth Floor Post Office Box 350 Trenton, New Jersey 08625-0350 www.nj.gov/bpu/

ENERGY

IN THE MA TIER OF THE PROVISION OF BASIC ) DECISION AND ORDER GENERATION SERVICE FOR THE PERIOD ) BEGINNING JUNE 1, 2015 ) Docket No. ER14040370

Parties of Record:

Gregory Eisenstark, Esq., Windels Marx Lane & Mittendorf, LLP, on behalf of Jersey Central Power & Light Company Alexander C. Stern, Esq., Attorney for Public Service Electric and Gas Company Philip J. Passanante, Esq., Associate General Counsel for Atlantic City Electric Company Margaret Comes, Esq., Senior Attorney for Rockland Electric Company Chantale LaCasse, BGS Auction Manager, NERA Economic Consulting Stefanie A. Brand, Esq., Director, Division of Rate Counsel Murray E. Bevan, Esq., Bevan, Mosca, Giuditta & Zarillo, P.C., on behalf of the Retail Energy Supply Association Adam Kaufman, Independent Energy Producers of New Jersey Aundrea Williams, Director Regulatory Affairs, NextEra Power Marketing LLC Stuart Ormsbee, Manager Power Marketing, TransCanada Power Marketing Ltd. James Laskey, Esq., Norris Mclaughlin & Marcus, P.A. on behalf of Noble Americas Energy Solutions LLC. Ira G. Megdal, Esq., Cozen O'Connor, PC on behalf of FirstEnergy Solutions Corp. Christi L. Nicolay, Division Director, Macquarie Energy LLC Divesh Gupta, Esq., Managing Counsel- Constellation New Energy, Inc. and Exelon Generation Company, LLC

By Order dated November 24, 2014 in this docket, the New Jersey Board of Public Utilities ("Board") approved the joint Basic Generation Service ("BGS") proposal of Public Service Electric and Gas Company ("PSE&G"), Jersey Central Power & Light Company ("JCP&L"), Atlantic City Electric Company ("ACE") and Rockland Electric Company ("Rockland") (collectively the "EDCs") for two descending clock auctions to secure the EDCs' BGS electricity

1 Commissioner Upendra J. Chivukula has recused himself due to a possible conflict of interest and did not participate in the deliberations on this matter. requirements for the period beginning June 1, 2015 ("November 24, 2014 Order"). In an attempt to mitigate the risk to ratepayers, the Board directed the EDCs to procure approximately one-third of the EDCs' current fixed-price ("BGS-FP") BGS load for a 36-month period.2 The Board also found that a 12-month procurement period for the EDCs' hourly load BGS Commercial and Industrial Electricity Pricing ("BGS-CIEP") customers is appropriate and reasonable. In the November 24, 2014 Order, the Board also committed to review the results of the BGS-FP Auction and the BGS-CIEP Auction (collectively the "BGS Auctions" or "Auctions") each in its entirety and certify the results of each auction for all of the EDCs, or for none of them, no later than the second business day after the last Auction closes.

The results of the BGS Auctions, if approved by the Board, will then be converted into revised 1 BGS rates for customers beginning June 1, 2015. This is the fourteenth (14 h) year the Board authorized a similar auction process to secure BGS supply.

The Auction Manager responsible for conducting the 2015 Auctions was National Economic Research Associates ("NERA"). NERA brings expertise in the conduct of simultaneous descending clock auctions in the energy and telecommunications industries, and was the Auction Manager for the past thirteen (13) BGS Auctions. The 2015 Auctions were continuously monitored by Staff from the Division of Energy, as well as by the Board's consultant, Boston Pacific Company, Inc. ("Boston Pacific"). Boston Pacific has experience with simultaneous descending dock auctions and energy industry experience.

BGS-FP AUCTION SUMMARY

The BGS-FP Auction began on February 9, 2015 and ended on February 10, 2015 after seventeen (17) rounds with all of the EDCs' fifty-seven (57) tranches3 secured, with the following closing prices for each EDC:

Closing Price Total Tranches EDC ¢/Kwh Available

ACE 8.606 7 JCP&L 8.042 20 PSE&G 9.954 29 ROCKLAND 9.066 1

A list of the BGS-FP Auction winners are included in Attachment A to this Order.

2 Approximately two-thirds of the EDCs' BGSHFP requirements are already under contract through May 31, 2016, and one-third through May 31, 2017 as a result of the 2013 and 2014 BGS-FP Auctions. 3 A tranche in the BGS~FP Auction is approximately 100 Mw.

2 BPU Docket No. ER14040370 BGS-CIEP AUCTION SUMMARY

The BGS-CIEP Auction began on February 6, 2015, and ended on February 9, 2015 after twenty-seven (27) rounds with all of the EOCs' forty-five (45) tranches4 secured, with the following closing prices for each EDC:

Closing Price Total Tranches EDC $/Mw-day Secured

ACE 235.89 4 JCP&L 248.41 14 PSE&G 272.78 26 ROCKLAND 272.14 1

A list of the BGS-CIEP Auction winners is included in Attachment A to this Order.

BGS AUCTION OVERSIGHT

NERA has provided a confidential post-Auction checklist form evaluating how the BGS-FP and BGS-CIEP Auctions were conducted. NERA's analysis supporting acceptance of the Auction results indicates, in part, that:

• No issues or questions were left unresolved prior to the Auctions that created uncertainty for bidders; • Neither procedural problems nor errors were observed during the Auctions; all communication protocols were followed; • Neither hardware nor software problems with the Auctions and communication systems were observed; • No security breaches were observed during the Auction process; • AU guidelines for setting or changing the Auction parameters were followed; • There was no evidence of confusion or misunderstanding on the part of bidders that delayed or impaired the Auctions in a material manner; • Communications between the Auction Manager and bidders was timely and effective; • There was no evidence that bidders were rushed; • No complaints were received from the bidders; • The Auctions were carried out in a fair and transparent manner; • There was no evidence of collusion or gaming by the bidders; • Public and sensitive information were treated appropriately; • There were no factors exogenous to the Auctions that materially affected the Auctions; and • The Auctions appear to have generated a result that is consistent with competitive bidding, market~determined prices, and efficient allocation of the BGS-FP and BGS~ CIEP loads.

4 A tranche in the BGS~CIEP Auction is equivalent to approximately 75 Mw.

3 BPU Docket No. ER14040370 Boston Pacific also provided the Board with a confidential post-Auction evaluation form for the BGS-FP and BGS-CIEP Auctions, as well as a supplemental checklist reviewing how the Auctions were conducted. Boston Pacific's analysis is consistent with NERA's analysis. Both consultants recommend that the Board accept the final Auction results.

BGS AUCTION FINDINGS AND CONCLUSIONS

The independent NERA and Boston Pacific analyses are consistent, indicating that the Auctions proceeded without meaningful interruption, according to the Board-approved Auction Rules, in an acceptably fair and transparent manner, and they both recommend that the Board certify the Auction results. Staff assigned to oversee the Auctions briefed the Board on the conduct and results of each Auction.

After reviewing the checklists and evaluation forms from NERA and Boston Pacific, and discussing the results and conduct of the Auctions with Staff, NERA and Boston Pacific, the Board FINDS that:

• bidders had sufficient information to prepare for the Auctions; • information was generally provided to bidders in accordance with the published timetable, and the timetable was adjusted appropriately as needed; • there were no Auction issues or questions left unresolved prior to the Auctions that created material uncertainty for bidders; • from what could be observed, there were neither procedural problems nor errors with the Auctions, including the electronic bidding process, the back-up bidding process, and communications between bidders and the Auction Manager; • from what could be observed, communication protocols between bidders and the Auction Manager were adhered to; • appropriate data back-up procedures were planned and carried out; • no security breaches were observed during the Auction process; • from what could be observed, communication protocols among the EDCs, NERA, Staff, the Board, and Boston Pacific were followed during the Auctions; • protocols were followed for decisions regarding changes in the Auction parameters (e.g. volume, load cap, bid decrements); • the calculations (e.g. for bid decrements or bidder eligibility) produced by the Auction software were double-checked or reproduced off-line by the Auction Manager; • there was no evidence of confusion or misunderstanding on the part of bidders that delayed or impaired the Auctions; • from what could be observed, the communications between the Auction Manager and bidders was timely and effective; • there were no complaints received from the bidders about the process; • the Auctions were carried out in an acceptably fair and transparent manner; • there was no evidence of gaming on the part of bidders; • there was no evidence of collusion among bidders; • information was made public in an appropriate manner and, from what could be observed, sensitive information was treated appropriately; • there were no factors exogenous to the Auctions (e.g. changes in market environment) that materially affected the Auctions in unanticipated ways); • there are no concerns with the Auctions' outcome with regard to any specific EDC(s);

4 BPU Docket No. ER14040370 • the Auctions appear to have generated a result that is consistent with competitive bidding, market-determined prices, and efficient allocation of the BGS-FP and BGS CIEP loads.

Based on the foregoing, the Board HEREBY CERTIFIES the final results of the BGS-FP and BGS-CIEP Auctions in their entirety, and subsequently APPROVES the closing prices for each EDC. Furthermore, the Board HEREBY ORDERS the EDCs to; 1) execute the necessary documents with the winning bidders, including the BGS Supplier Master Agreements, 2) implement the BGS rates resulting from the Auctions beginning June 1, 2015, and 3) file tariff sheets reflecting those rates by March 2, 2015.

Consistent with past Board practice, the Board is releasing the names of the winning bidders at this time. However, at this time, the Board will not release the specific tranche and service area details for each successful bidder, so as not to compromise the position of the winning bidders in the marketplace. The Board plans to make this additional information public prior to June 1, 2015.

DATED: J/i~IS BOARD OF PUBLIC UTILITIES BY:

RICHARD S. MROZ 7 PRESIDENT

' RY ANNA HOLDEN COMMISSIONER

1'\,J •.\-&~~\ DIANNE SOLOMON COMMISSIONER

ATTEST:

5 BPU Docket No. ER14040370 ATTACHMENT A

1/M/0 the Provision of Basic Generation Service For The Period Beginning June 1, 2015 Docket No. ER14040370

Auction Winners Approved by the Board of Public Utilities on February 12, 2015.

BGS·FP Auction Winners

BP Energy Company BTG Pactual Commodities (US) LLC DTE Energy Trading, Inc. Exelon Generation Company, LLC Macquarie Energy LLC NextEra Energy Power Marketing, LLC Noble Americas Gas & Power Corp. PSEG Energy Resources & Trade LLC TransCanada Power Marketing Ltd.

BGS-CIEP Auction Winners

ConocoPhillips Company DTE Energy Trading, Inc. Exelon Generation Company, LLC NextEra Energy Power Marketing, LLC PPL EnergyPius, LLC

6 BPU Docket No. ER14040370 In the Matter of the Provision of Basic Generation Service For the Period Beginning June 1, 2015 Docket No. ER14040370 Service List

BPU DIVISION OF RATE COUNSEL JCP&L

Kenneth J. Sheehan, Secretary Stefanic A Brand, Esq. , Director Kevin Connelly New Jersey Board of Public Utilities Division of Rate Counsel First Energy Post Office Box 350 140 East Front Street, 4th Floor 300 Madison Avenue 44 South Clinton Ave., 9lh Floor Post Office Box 003 Morristown, NJ 07960 Trenton, NJ 08625-0350 Trenton, New Jersey 08625 kconnelly@flrstenergycom com kenneth [email protected] [email protected] Gregory Eisenstark Frank Perrotti Ami Morita Windels Marx &Mittendorf, LLP New Jersey Board of Public Utilities Division of Rate Counsel 120 Albany Street, 6°' Floor Post Office Box 350 140 East Front Street, 4th Floor New Brunswick, NJ 0890 I 44 South Clinton Ave., 9lh Floor Post Office Box 003 [email protected] Trenton, NJ 08625-0350 Trenton, New Jersey 08625 [email protected] [email protected] Sally J Cheong First Energy Jerome May, Director Diane Schulze 300 Madison Avenue New Jersey Board of Public Utilities Division of Rate Counsel P. 0. Box 1911 Post Office Box 350 140 East Front Street, 4th Floor Morristown, NJ 07962-1911 44 South Clinton Ave., 9111 Floor Post Office Box 003 [email protected] Trenton, NJ 08625-0350 Trenton, New Jersey 08625 [email protected] [email protected] .us ROCKLAND

Mark Beyer, Chief Economist PSE&G John L. Carley, Esq. New Jersey Board of Public Utilities Consolidated Edison Co. of NY Post Office Box 350 Alexander C. Stern, Esq. Law Dept., Room 1815-S 44 South Clinton Ave., 9111 Floor Assistant General Regulatory Counsel 4 Irving Place Trenton, NJ 08625-0350 Law Department New York, NY 10003 [email protected] .us 80 Park Plaza, T-05 [email protected] Newark, New Jersey 07102-4194 Stacy Peterson [email protected] James C. Meyer, Esq. New Jersey Board of Public Utilities Riker, Danzig, Scherer, Hyland Post Office Box 350 Tony Robinson & Perretti 44 South Clinton Ave., 9'h Floor Public Service Electric & Gas Co. Headquarters Plaza Trenton, NJ 08625-0350 80 Park Plaza, T-8 One Speedwell Avenue ~peterson@bpu state.nj.us Newark, NJ 07101 Morristown, NJ 07962 [email protected] [email protected] DAG ATLANTIC CITY ELECTRIC CO. William A Atzl, Jr. Babette Tenzer, Esq. Rockland Electric Company Deputy Attorney General Joseph F. Janocha, Manager, 4 Irving Place -2nd Floor SE Division of Law Regulatory Affairs New York, NY 10003 Board of Public Utilities Section Atlantic City Electric Co. - 63ML38 [email protected] 124 Halsey Street 51 00 Harding Highway P.O. Box 45029 Atlantic Regional Office Margaret Comes, Esq., Newark, New Jersey 07 10 I Mays Landing, NJ 08330 Consolidated Edison Co. of NY [email protected] ps.Sta\C. nj ,US [email protected] Law Department, Room 1815-S 4 Irving Place BPU's BGS CONSULTANTS Gregory R. Marquis New York, NY 10003 Pepco Holdings, Inc. [email protected] Craig R. Roach 701 Ni nth Street NW Boston Pacific Company, Inc. Washington, DC 20068-0001 NERA 1100 New York Avenue, NW gnnarquis({ilpepco.com Suite 490 east Gene Meehan Washington, DC 2005 Philip J. Passanante, NERA Economic Consulting [email protected] Assistant General Counsel 1255 23'd St. NW Atlantic City Electric Co. - 89KS42 Washington, DC 20037 Frank Mossburg 800 King Street, 5th Floor Gene.Meehan@NERA com Boston Pacific Company, Inc. PO Box231 1100 New York Avenue, NW Wilmington, DE 19899-0231 Chantale LaCasse Suite 490 east [email protected] NERA Economic Consulting Washington , DC 2005 1255 23rd St. NW fmossburgtabostonpacific.com Washington, DC 20037 Chanta!e [email protected]

1 In the Matter of the Provision of Basic Generation Service For the Period Beginning June 1, 2015 Docket No. ER14040370 Service List

Third Party Suppliers NJLEUC Craig S. Blume Murray E. Bevin, Esq. Paul F. Forshay, Partner Director, Power Marketing Bevan, Mosca, Giuditta & Zarillo, P.C. SUTHERLAND UG I Energy Services I UG I 776 Mountain Blvd. 1275 Pennsylvania Avenue, N.W. Development Company Suite 202 Washington, D.C. 20004-2415 One Meridian Boulevard, Suite 2COJ Watchung, NJ 07069 [email protected] Wyomissing, PA 19610 mbcvan@bmgzlaw.\(.Q[!l [email protected] Steven S. Goldenberg, NJLEUC, Esq. SueAnne I. Harrel Fox Rothschild LLP Robert O'Connell, Pepco Energy Services Princeton Corporate Center VP & Compliance Manager 39 Crestview Drive 997 Lenox Drive, BLDG. 3 J.P. Morgan Ventures Energy Corp. Asset Mgmt Group Lawrenceville, NJ 08648-2311 I 033 Squires Drive Clinton, NJ 08809 [email protected]£Qm West Chester, PA, 19382 sharrcl@pepcocnerg'{.com [email protected] BGS SUPPLIERS Dana Swieson Deborah Hart, Vice President EPEX Steven Gabel - IEPNJ Morgan Stanley Capital Group 717 Constitution Drive Gabel Associates 2000 Westchester Avenue Suite 110 417 Denison Street Trading Floor Exton, PA 19341 Highland Park, NJ 08904 Purchase, NY I 0577 [email protected] [email protected] [email protected]

Marc A. Hanks James Laskey, Esq. - IEPNJ Marcia Hissong, Director, Contract Senior Manager, Government & Norris McLaughlin & Marcus Administration/Counsel Regulatory Affairs 721 Route 202-206 DTE EnergyTrading, Inc. Direct Energy Services, LLC Bridgewater, NJ 08807 414 South Maio Street [email protected] JW!\ey@nmmlaw com Suite200 Ann Arbor, Ml48104 MarkS. Kumm Mark Baird, Director, Regulatory Affairs hissongm@dtes;nergy,s;s>m Pepco Energy Services, Inc. RRI Energy, Inc. 1300 N. 17th, Suite 1600 7642 West 450 North Don Hubschman Arlington, VA 22209 Sharpsville, IN 46068 American Electric Power mkumm@pepcoenerg'{.com mbaird@rricncrg'{.com 155 W. Nationwide Blvd. Columbus, OH 432 15 Stacey Rantala Raymond Depillo dmhubschmgn@ac~ National Energy Marketers Association PSEG Energy Resources & Trade 3333 K Street, N.W., Suite 110 80 Park Plaza, T -19 Christine McGarvey Washington, D.C. 20007 P.O. Box 570 AEP Energy Partners, Inc. [email protected] Newark, NJ 07101 Energy Trader [email protected] I 55 W Nationwide Blvd David B. Applebaum Suite 500 Director, Regulatory Affairs Shawn P. Leyden, Esq. Columbus, OH 43215 NextEra Energy Resources, LLC PSEG Energy Resources & Trade [email protected] 21 Pardee Place 80 Park Plaza, T -19 Ewing, New Jersey 08628 P. 0 . Box 570 Glenn Riepl [email protected] Newark, NJ 07101 AEP Energy Services [email protected] I Riverside Plaza David Gil 14th Floor Manager, Regulatory Affairs David K Richter, Esq. Columbus, OH 43215-2373 NextEra Energy Resources, LLC PSEG [email protected] 700 Universe Boulevard Regulatory Department Juno Beach, Florida 33408 80 Park Plaza, T-SC Jean-Paul St. Germain dayjd.gil@ncxtcraenergy com P. 0. Box 570 Sempra Energy Trading Newark, NJ 0710 1 58 Commerce Road Kathleen Maher dayjd,[email protected] Stamford, CT 06902 Constellation NewEnergy jean-paul.st.gerroainl/.ilrbssempra 810 Seventh Avenue, Suite 400 Ken Gfroerer New York, NY 10019-5818 RRI Energy Howard 0. Thompson · BGS kathleen [email protected] RRI Box 246 Russo Tumulty Nester Thompson Stahlstown, PA I 5687 Kelly,LLP Bob Blake kgfrocrcr@rrjenergy com 240 Cedar Knoll s Road VP Elec. Operations & Regulatory Suite306 Affairs Cedar Knolls, NJ 07927 MXenergy hthompson@russotumui)Y,com 10010 Junction Dr, Suite 104S Annapolis Junction, MD 20701 [email protected] 2 In the Matter of the Provision of Basic Generation Service For the Period Beginning June 1, 2015 Docket No. ER14040370 Service List

Sharon Weber Anthony Pietranico Robert Macksoud, Jr, CEP PPL Energy Plus ConEdison Solutions Inc. Director Energy Procurement 2 North 9th Street TW 20 Electricity Supply Specialist EnergySolve Allentown, PA 18101 Tel: 732-741-5822x204 One Executive Dr, Suite 401 [email protected] pietranicoa@concdsolutions com Somerset, NJ 08873 rmacksoudl@energysolye com Stephen Wemple Aundrea Williams Con Edison Energy Director Regulatory Affairs Lyle Rawlings 701 Westchester Avenue NextEra Power Marketing LLC Mid-Atlantic Solar Energy Industries Suite 20 I West 700 Universe Boulevard Association White Plains, NY 10604 Juno Beach, Fl. 33408 Rutgers EcoComplex, Suite 208-B [email protected] aundrea.wi lliams@ncxtcraenergyservice 1200 Florence-Columbus Road, M2ll1 Bordentown, NJ 08505 Glen Thomas lrawlings@mscja net The P3 Group Ira G. Mcgdal, Esq. GT Power Group LLC Cozen O'Connor Katie Bolcar 1060 First Avenue 457 Haddonfield Road Mid-Atlantic Director Suite 400 Suite 300 P.O. Box 5459 Solar Energy Industries Association KingofPrussia, PA 19406 Cherry Hill, NJ 08002 575 7th Street, NW, Suite 400, [email protected] imegdal@co..:en.com Washington DC 20005 [email protected] Divesh Gupta Christi L. Nicolay Senior Counsel Division Director Bruce H. Burcat, Esq. Constellation Energy Macquarie Energy LLC Executive Director I 00 Constellation Way, Suite 500C 500 Dallas St., Level 31 Mid-Atlantic Renewable Energy Coalition Baltimore, Maryland 21202 Houston, TX 77002 208 Stonegate Way [email protected] [email protected] Camden, DE 19934 [email protected] Tom Hoatson OTHER PARTIES LS Power Development, LLC 2 Tower Center Sara Bluhm East Brunswick, NJ 08816 NJBIA [email protected] I 02 West State Street Trenton, NJ 08608-1199 John Citrolo sb!uhm@oj!2.ilh2J:g Conectiv Energy Supply, Inc. PO Box 6066, MS 92DC69 John Holub Newark, DE 19714 NJ Retail Merchants Assoc. [email protected] 332 West State Street Trenton, NJ 086 18 Adam Kaufman [email protected] Executive Director Independent Energy Producers ofNJ Judy Misoyianis, Administrator Five Vaughn Drive, Suite 10 1 New Jersey Retail Merchants Assoc. Princeton, NJ 08540 332 West State Street [email protected] Trenton, NJ 08618 judy.ojrma(li)yerizon.nel Stuart Om1sbee TransCanada Power Marketing Ltd. Holly Minogue 110 Turnpike Road, Suite 300 Gabel Associates Westborough, MA 01581 Energy, Environmental, and Public Stuart [email protected] Utility Consulting 417 Denison Street Gregory K. Lawrence Highl and Park, NJ 08904 Cadwalader, Wickersham & Taft LLP [email protected] One World Financial Center New York, NY 10281 Larry Spielvogel, PE greg.lawrence«ilcwt.com L. G. Spielvogel, Inc. 190 Presidential Blvd# 310 Victoria M. Lauterbach Bala Cynwyd, PA 19004-1151 Cadwalader, Wickersham & Taft LLP [email protected] 700 Sixth Street, N.W. Washington, DC 20001 torv [email protected]