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January 5, 2001







Felecia L. Greer, Executive Secretary

Public Service Commission of Maryland

William Donald Schaefer Tower

6 St. Paul Street, 16th Floor

Baltimore, Maryland 21202-6806



Re: Case No. 8738

Joint Utility Reply Comments on Emissions Disclosure



Dear Ms. Greer:



Baltimore Gas and Electric Company is pleased to submit an original and 14 copies of Joint

Utility Reply Comments of Allegheny Energy, Baltimore Gas and Electric Company, Conectiv,

and the Potomac Electric Power Company on the Emissions Disclosure Working Group Report.

Also enclosed is a copy of joint comments in electronic format.



If you have any questions, please feel free to contact me.



Respectfully submitted,







Odogwu Obi Linton



cc: Service List in Case No. 8738

BEFORE THE

PUBLIC SERVICE COMMISSION

OF MARYLAND









In the Matter of the Commission’s *

Inquiry Into the Provision and * Case No. 8738

Regulation of Electric Service *







Joint Utility Reply Comments on

Emissions Disclosure





On October 3, 2000, the Staff of the Public Service Commission (“Commission”) filed



the Second Report of the Emissions Disclosure Working Group (“EDWG”). The Commission



issued an Order on November 21, 2000, inviting interested parties to file comments on the Staff



Report on or before January 5, 2001. Pursuant to that Order, Allegheny Energy, Baltimore Gas



and Electric Company, Conectiv and the Potomac Electric Power Company (collectively referred



to as the “Companies”) hereby submit these comments.



The Companies wish to provide comments on two issues:



1. Third-Party verification, and;

2. Label Improvement.





Self-Certification by Electric Companies and Electric Suppliers is Adequate Since

the Data is Certified and Quality Assured Under Other Programs



Beginning on page 5 of the Report, third-party certification of company emission data is



discussed. The Companies are opposed to any third-party verification. Comprehensive emission



reporting requirements, complete with prescriptive quality assurance provisions are already in









2

place to ensure that the data supplied are accurate and complete. Furthermore, significant federal



enforcement capabilities are already in place to ensure that the monitoring and reporting



requirements are followed. The statute did not contemplate the creation of a new emission



reporting system. The Companies, therefore, urge the Commission to refrain from mandating



additional certification.



Currently, generating utilities have verified power plant emissions and fuel mix data for a



number of government entities including the U.S. Environmental Protection Agency, the U.S.



Department of Energy Information Administration, the Federal Energy Regulatory Commission,



and the Maryland Department of Environment. The data provider certifies data to these agencies



under significant civil and criminal penalties for incomplete or inaccurate data. Other options



were discussed at the EDWG meetings and, in this Report, merely add another cost and



administrative burden without increasing the value of the data to consumers.



The Report at page 9 correctly points out that emission data must be combined with



energy data in a one-step calculation. Verification of this combination is a minor administrative



effort that can easily be handled by the Commission Staff.



The Companies also continue to recommend that the Commission order the continuation



of the EDWG to explore opportunities to implement the disclosure requirements throughout the



PJM. The EDWG should continue to participate in ongoing discussions among regional



stakeholders, including electric companies, suppliers and the utility regulatory bodies from each



of Maryland’s neighboring states to develop a standard disclosure approach. It is important that



the Companies are afforded specific opportunities to participate.





Label Improvement is Not Necessary at this Time







3

The Companies do not believe that changes to the label are required at this time. While



the Report correctly states that EDWG members agreed that improvements were possible to the



label, two points provide clarification. One is that at an Administrative meeting in October, the



Commission approved the primary changes to the labels advocated by the EDWG. Secondly, the



EDWG agreed that it would further refine the labels after filing the October 1, 2000 Report with



the Commission if it became necessary in response to consumer feedback. None of the



Companies has experienced any call for such revisions. In fact, some of the Companies have



received no customer inquiries regarding the labels. Clearly, no changes are necessary at this



time.



The EDWG Report notes, at page 4, that the EDWG discussed compatibility with New



Jersey labeling requirements. However, the EDWG did not conclude that the Maryland



requirements should mirror the New Jersey requirements. Finally, the Companies supported



common ground with Delaware, the District of Columbia, Pennsylvania, Virginia and West



Virginia, as well as New Jersey during the discussions.



In conclusion, the Companies support the following consensus recommendations



contained in the Report:



a. “Emissions and fuel mix data provided by PJM does not need to be certified.” Report at page



5.



b. “Wholesale contracts for unspecified resources will use PJM or Allegheny control area data.”



Report at page 5.



c. The group agreed subsections ii) on pages 13 - 15 of the emission disclosure rules are



unnecessary and should be eliminated. This requirement requires documentation that



imported power was scheduled for transmission into the PJM control.





4

The Companies appreciate the opportunity to submit these comments and will be



available to respond to questions at the hearing on January 16, 2001.



Respectfully submitted,







By: ______________________________

Odogwu Obi Linton

Attorney

Baltimore Gas and Electric Company

Legal Department

39 W. Lexington Street

Baltimore, MD 21201

(410) 234-5666

(410) 234-7043 Fax

odogwu.o.linton@bge.com









5

CERTIFICATE OF SERVICE





I HEREBY CERTIFY that on this 5th day of January 2001, a copy of the



foregoing Joint Utility Reply Comments of Allegheny Energy, Baltimore Gas and



Electric Company, Conectiv, and the Potomac Electric Power Company on the



Emissions Disclosure Working Group Report was mailed, postage prepaid, to all parties



listed on the official service list in this proceeding.







____________________________

________

Odogwu Obi Linton









6



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