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Rate Counsel backs limited extension of capacity proxy prices, raises concerns about DOE emergency cost treatment and municipal aggregation data
Summary
Robert Glover of the New Jersey Division of Rate Counsel said Rate Counsel does not object to extending capacity proxy prices for the 2028–29 delivery years but supports a five‑business‑day trigger to cancel proxies where BRA results become available; he relayed NextEra's request that DOE Section 202(c) emergency costs be explicitly excluded from supplier responsibility and a request for more frequent municipal aggregation data.
Robert Glover, assistant deputy rate counsel at the New Jersey Division of Rate Counsel, told the Board of Public Utilities that Rate Counsel filed initial comments on the EDCs’ 2026 BGS proposal and that his presentation focused on two issues: continuation of certain temporary measures (capacity proxy prices) and points raised in NextEra Energy Marketing’s initial comments.
Glover said PJM capacity auctions have been delayed due to federal regulatory uncertainty and that those delays motivated the EDCs’ proposal to use capacity proxy prices where BRA results remain unavailable. "Rate council does not object to the extension of the capacity proxy price for the 2028, 2029 delivery year," he said, but added that for the 2027–28 delivery year the five‑business‑day advance notice of BRA results is likely sufficient and Rate Counsel supports the EDCs’ five‑day trigger to cancel proxies when BRA results become available.
Glover relayed NextEra Energy Marketing’s concerns that the BGS RSCP supplier master agreement contains no explicit reference to emergency actions under section 202(c) of the Federal Power Act and that this ambiguity could cause DOE emergency orders’ costs to be allocated to BGS suppliers. NextEra argued that such costs should be explicitly excluded from supplier responsibilities to avoid adding risk premiums. Glover said Rate Counsel "does not oppose such clarifications" because DOE 202(c) actions are beyond supplier control and could affect all ratepayers.
Glover also summarized NextEra’s request for more frequent municipal aggregation enrollment data — for example, monthly information on active or prospective municipal aggregations — but noted it is unclear whether such monthly reporting is feasible or useful; Rate Counsel did not object to further review.
No commissioners asked follow‑up questions; the hearing closed with a reminder that final written comments are due Oct. 10, 2025.
