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From:lynnette.barnes@enron.com
To:tom.chapman@enron.com, marchris.robinson@enron.com, bill.moore@enron.com,howard.fromer@enron.com, frank.rishe@enron.com, steve.montovano@enron.com, daniel.allegretti@enron.com, jeff.ader@enron.com, mark.bernstein@enron.com, pearce.hammond@enron.com,
Subject:NH competition without choice
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Date:Wed, 30 May 2001 03:43:00 -0700 (PDT)

Competition under electric deregulation some way off

May. 30, 2001
Associated Press Newswires
Copyright 2001. The Associated Press. All Rights Reserved.

CONCORD, N.H. (AP) - In theory, New Hampshire's electric industry is
deregulated and ready for competition.

Rates are down for customers of Public Service Company of New Hampshire, the
state's largest utility, but not because of competition. The rates were cut
because of a deal struck between the governor and the utility, ending a long
legal battle.

So far, only two potential energy suppliers have registered with the Public
Utilities Commission to sell electricity in the state, but neither is yet set
up to do so.

The Campaign for Ratepayers Rights, which is pursuing a U.S. Supreme Court
appeal to overturn the deregulation agreement, went to Merrimack County
Superior Court last week to have the agreement invalidated.

The nonprofit group's lawsuit says the state deregulation law requires that
customers have a choice of "viable suppliers," and despite two years of
effort, there is still no choice.

Joshua Gordon, the lawyer who filed the suit for the group, said the PUC
acknowledged in a letter to the group's president, Robert Backus, that there
is no choice among electricity suppliers.

"Competition will not occur all at once, or appear solely as the result of
regulatory actions taken or avoided. Markets need time to develop and
emerge," the PUC wrote.

"We've gone through several years now and all kinds of litigation to get
competition, and bailed out PSNH for $2 billion in the name of customer
choice, and we still don't have it," Gordon said.

Rates have dropped 15 percent since last September for Public Service
customers, and those rates will remain low because of the transition period
factored into the state's bargain with the utility, said Amanda Noonan, the
PUC's director of consumer affairs.

The transition period, planned originally for 33 months, has been extended by
the Legislature to 57 months. Public Service rates will rise gradually during
that time, the idea being that rate increases will spur consumers to find
other electricity suppliers.

Noonan says she believes few companies will enter the market until those
rates rise.