In the Matter of the Provision of Basic Generation Service for the Period Beginning June 1, 2021, BPU Docket No. ER20030190

Initial Comments of the Division of Rate Counsel, BPU Docket No. ER20030190 (9/4/20)


Public Service Elecrtric and Gas Company Clean Energy Future- Energy Cloud ("CEF-EC"), BPU Dkt. No. EO18101115

Direct Testimony of Paul Alvarez (Public Version), In the Matter of the Petition of Public Service Electric and Gas Company for Approval of its Clean Energy Future-Energy Cloud (“CEF-EC”) Program on a Regulated Basis, BPU Docket No. EO18101115 (8/31/20)

Direct Testimony of Matt Kahal, In the Matter of the Petition of Public Service Electric and Gas Company for Approval of its Clean Energy Future-Energy Cloud (“CEF-EC”) Program on a Regulated Basis, BPU Docket No. EO18101115 (8/31/20)

Direct Testimony of David Peterson, In the Matter of the Petition of Public Service Electric and Gas Company for Approval of its Clean Energy Future-Energy Cloud (“CEF-EC”) Program on a Regulated Basis, BPU Docket No. EO18101115 (8/31/20)

EO18101115 Rate Counsel Reply Motion in Opposition file with the BPU (12/6/18)

EO18101115 Rate Counsel Motion to Dismiss Petition filed with the BPU (11/19/18)


In the Matter of the Petition of Public Service Electric and Gas Company for Approval of its Clean Energy Future-Electric Vehicle and Energy Storage ("CEF-EVES") Program on a Regulated Basis, BPU Docket No. EO18101111

PSEG CEF-EVES - NJDRC Initial Testimonies - NJDRC Testimonies, BPU Docket No. EO18101111 (9/4/20)

PSEG CEF-EVES - NJDRC Initial Testimonies - Direct Testimony of Ezra D. Hausman, Ph.D. BPU Docket No. EO18101111 (9/4/20)

PSEG CEF-EVES - NJDRC Initial Testimonies - Direct Testimony of Dante Mugrace, BPU Docket No. EO18101111 (9/4/20)

PSEG CEF-EVES - NJDRC Initial Testimonies - Direct Testimony of David E. Peterson, BPU Docket No. EO18101111 (9/4/20)


Public Service Elecrtric and Gas Company- Energy Strong 2 Program, BPU Dkt. Nos. EO18060629 and GO18060630

PSE&G - Energy Strong II Program, Testimony of Andrea Crane, BPU Dkt. Nos. EO18060629 and GO18060630 (3/1/19)

PSE&G - Energy Strong II Program, Testimony of Dr. David Dismukes, BPU Dkt. Nos. EO18060629 and GO18060630 (3/1/19)

PSE&G - Energy Strong II Program, Testimony of Edward McGee, BPU Dkt. Nos. EO18060629 and GO18060630 (3/1/19)

PSE&G - Energy Strong II Program, Testimony of Kevin O'Donnell, BPU Dkt. Nos. EO18060629 and GO18060630 (3/1/19)

PSE&G - Energy Strong II Program, Joint Testimony of C. Salamone and M. Chang (PUBLIC VERSION), BPU Dkt. Nos. EO18060629 and GO18060630 (3/1/19)


Public Service Electric and Gas Company for Approval of an Increase in Electric and Gas Rates, BPU Docket Nos. ER18010029 and GR18010030, OAL Docket No. PUC 01151-18

Public Service Electric and Gas Company for Approval of an Increase in Electric and Gas Rates, BPU Docket Nos. ER18010029 and GR18010030, Initial Testimony of David Peterson (8/6/18)

Public Service Electric and Gas Company for Approval of an Increase in Electric and Gas Rates, BPU Docket Nos. ER18010029 and GR18010030, Initial Testimony of James Garren (8/6/18)

Public Service Electric and Gas Company for Approval of an Increase in Electric and Gas Rates, BPU Docket Nos. ER18010029 and GR18010030, Initial Testimony of Andrea Crane (8/6/18)

Public Service Electric and Gas Company for Approval of an Increase in Electric and Gas Rates, BPU Docket Nos. ER18010029 and GR18010030,Initial Testimony of David Dismukes (8/6/18)

Public Service Electric and Gas Company for Approval of an Increase in Electric and Gas Rates, BPU Docket Nos. ER18010029 and GR18010030,Initial Testimony of Matthew Kahal (8/6/18)

Public Service Electric and Gas Company for Approval of an Increase in Electric and Gas Rates, BPU Docket Nos. ER18010029 and GR18010030,Initial Testimony of Susan Baldwin (8/6/18)

Public Service Electric and Gas Company for Approval of an Increase in Electric and Gas Rates, BPU Docket Nos. ER18010029 and GR18010030, Initial Testimony of James McGee (PUBLIC VERSION)(8/6/18)

Public Service Electric and Gas Company for Approval of an Increase in Electric and Gas Rates, BPU Docket Nos. ER18010029 and GR18010030Joint Testimony of Maxamillian Chang and Charles Salamone (8/6/18)


Verified Petition of Public Service Electric & Gas Company For Approval of the Construction of the Mason Substation Damaged During Superstorm Sandy, BPU Dkt. No. EO16080788

Testimony of Andrea Crane (Public Version), BPU Docket No. EO16080788 (5/1/17)

Testimony of Robert Fagan (Public Version), BPU Docket No. EO16080788 (5/1/17)


Petition Of Public Service Electric And Gas Company For Approval Of The Energy Strong Program BPU Docket No. EO13020155 and GO13020156

Opening Statement, Stefanie A. Brand, Director, Division of Rate Counsel, Regarding PSE&G’s Energy Strong Proposal, Presented at the N.J. Board of Public Utilities (2/25/14)

Supplemental Testimony of David E. Dismukes, Ph.D. (1/10/14)  

Supplemental Testimony of Charles Salamone (PUBLIC VERSION) (1/10/14)

Public Service Electric & Gas Company filed a proposal on February 20, 2013 with the NJ Board of Public Utilities (“Board”) requesting that the Board approve the first phase of a two phase program totaling approximately $3.9 billion to enhance PSE&G’s infrastructure and its response to major storms. As filed, the first phase is a five year program that will cost approximately $1.7 billion for electric delivery upgrades and approximately $902 million of gas delivery upgrades for a total phase one cost of $2.6 billion. As proposed by the Company, this would initially increase rates to be paid by the Company’s electric customers by $16.411 million annually and would initially increase rates to be paid by the Company’s gas customers by $12.970 million annually (1/1/14)

Direct Testimony of Andrea Crane (10/28/13)

Direct Testimony of Matthew I. Kahal (10/28/13)

Direct Testimony of David E. Dismukes, Ph.D. (10/28/13)

Direct Testimony of Edward McGee (10/28/13)

Direct Testimony of Charles Salamone (10/28/13)

Direct Testimony of Charles Salamone - Appendix Part A (10/28/13)

Direct Testimony of Charles Salamone - Appendix Part B

Public Hearing Statement given by Stephanie A. Brand, Director, Division of Rate Counsel in Newark, New Jersey (9/16/13)


PSE&G For Approval to Offer New Appliance Service Products and/or Services, BPU Dkt. No. GO12030188, OAL Dkt. No. PUC 08129-12

On February 29, 2012, PSE&G petitioned the BPU for approval to expand its appliance service offerings.  PSE&G seeks to expand its replacement parts service contracts and HVAC replacement services, to offer certain new HVAC installations, and to offer new services for home sewer line protection, water service line protection, home plumbing systems protection and home electrical system protection. 

Letter Reply Brief filed by Rate Counsel on March 1, 2013

Initial Brief filed by Rate Counsel


Petition of Public Service Electric and Gas Company For Approval of Extension of a Solar Generation Investment Program and Associated Cost Recovery Mechanism and for Changes in the Tariff for Electric Service, B.P.U.N.J. No. 15 Electric Pursuant to N.J.S.A. 48:2-12 and N.J.S.A. 48:2-21.1 ("PSE&G Solar 4 All Extension Petition"), BPU Docket No.: EO12080721

Surrebuttal Testimony of Matthew Kahal (3/1/13)

Surrebuttal Testimony of Andrea Crane (3/1/13)

Rebuttal Testimony of Dr. David Dismukes (3/1/13)

Direct Testimony of Andrea Crane (1/18/13)

Direct Testimony of Dr. David Dismukes (Public Version) (1/18/13)


Petition of Public Service Electric and Gas Company for Approval of a Solar Loan III Program and an Associated Cost Recovery Mechanism and for Changes in the Tariff for Electric Service, B.P.U.N.J. No. 15 Electric Pursuant to N.J.S.A. 48:2-21 and N.J.S.A. 48:2-21.1 ("Solar Loan III Petition) BPU Docket No.: EO12080726

In July and August 2012, Public Service Electric and Gas Company  filed two Petitions with the New Jersey Board of Public Utilities. One of the Petitions seeks approval for a proposed "Solar Loan III" program that would allow the Company to provide $193 million in financing to its customers to develop 97.5 MW of solar capacity on the customers’ premises. The second Petition seeks approval for an extension of the Company’s Solar 4 All program, to be known as the "Solar 4 All Extension Program," that would allow invest $729.4 million in 136 MW of Company owned and operated solar projects over a five-year period. Both Petitions request authorization for PSE &G to recover the costs of the proposed programs from the Company’s ratepayers.

Public Hearing Statement given by Paul Flanagan, Litigation Manager on November 27, 2012 in New Brunswick, NJ.


I/M/O the Proposal By Public Service Electric And Gas Company to Disclose Individual Customers' Proprietary Information. BPU Dkt No.: Pending.

PSE&G announced on September 22, 2010 that it would begin to notify Experian of its customers' payment history as early as January 2011. Rate Counsel argues in its petition for expedited relief filed with the Board of Public Utilities that PSE&G's disclosure of individual proprietary information regarding its customers to a consumer credit reporting agency violates an express prohibition of state law and should be stopped immediately.

Transmittal letter for petition and supporting certifications

Verified Petition with Request for Expedited Relief Filed On Behalf Of the Division of Rate Counsel 

Certification of Richard W. Lelash Filed On Behalf Of the Division of Rate Counsel.

Certification of David E. Peterson Filed On Behalf Of the Division of Rate Counsel.


Petition of Public Service Electric and Gas Company for approval of an increase in Electric And Gas Rates and for changes in the tariffs for Electric And Gas Service, B.P.U.N.J. No. 14 Electric And B.P.U.N.J. No. 14 Gas Pursuant To N.J.S.A. 48:2-21 And N.J.S.A. 48:2-21.1 and for approval of a Gas Weather Normalization Clause; a pension tracker and for other appropriate relief.   BPU DKT. NO. GR09050422 OAL DKT. NO. PUCRL 07559-2009N

On May 29, 2009, Public Service Electric and Gas Company ("PSE&G") filed with the Board of Public Utilities a request for an increase in its electric and gas distribution rates effective July 1, 2009 and July 2, 2009.  It its initial filing PSE&G sought an increase in electric revenues of $133.72 million or approximately 1.93% and a gas revenue increase of $96.92 million or approximately 2.95%.

In addition to the increase in base rates, PSE&G requested the establishment of a Weather Normalization Clause for its gas utility, a Pension Expense Tracker, and an expansion of its Capital Adjustment Charge to include essentially all non-revenue producing plant additions between rate cases.  PSE&G is also requesting a change in its Margin Adjustment Charge.

Reply Brief filed by the Department of the Public Advocate, Division of Rate Counsel on April 5, 2010.

Initial Brief filed by the Department of the Public Advocate, Division of Rate Counsel on March 19, 2010

On November 19, 2009 the following public Testimonies were filed on behalf of Rate Counsel in the pending Public Service Electric & Gas Company base rate case:

Direct Testimony and Exhibits of Dian P. Callaghan
Direct Testimony of Brian Kalcic
Direct Testimony of Michael J. Majoros, Jr.
Testimony of David E. Peterson
Testimony of Robert J. Henkes
Direct Testimony of Richard Lelash
Direct Testimony of Andrea C. Crane
Testimony of Matthew I. Kahal
Testimony of Mitchell I. Serota
Direct Testimony of Michael J. Mcfadden, A. E. Middents, and John N. Peters Relating to the Capital Economic Stimulus Infrastructure Investiment Program
Direct Testimony of Michael J. Mcfadden, A. E. Middents, and John N. Peters Relating to Gas System Reliability
Direct Testimony of Charles P. Salamone


I/M/O Remarks of Rate Counsel Director Stefanie Brand before the Assembly Telecommunications and Utilities Committee regarding the PSEG Cross-Hudson Petition, March 10, 2008.


I/M/O Rate Counsel's Filing of a Motion to Protest and Intervene with the Federal Energy Regulatory Commission to Protest the Request of PSEG Energy Resources and Trade, PSE&H Fossil LLC for LLC Cross Hudson.

Rate Counsel on 2/19/08 filed a motion to stop PSEG Corp. from taking electricity supplied by its Bergen County New Jersey power plant off the region’s power grid and moving it to the New York power grid for supply to LLC Cross Hudson. Docket No. EL08-35-000

Rate Counsel Motion to Intervene and Protest


Petition of PSE&G Company Long-Term Debt Securities not more than $800,000,000, BPU Docket No. EF07080621.

On August 14, 2007, PSE&G filed a Petition and supporting documents with the BPU to Issue and sell New Long-Term Debt Securities in an aggregate principal amount not to exceed $800,000,000 in one or more series, at any time though December 31, 2009.


Comments filed by the Division of Rate Counsel on November 21, 2007.


I/M/O the Motion of PSE&G for Approval of Changes in its Electric and Gas Societal Benefits Charge Rates; for a Change in its Electric Non-Utility Generation Charge Rate; and for Changes in the Tariff for Electric Service BPU NJ No. 14 Electric and Changes in the Tariff for Gas Service BPU NJ No. 14 Gas, BPU Docket Nos. ER07050303 and GR07050304, OAL Docket No. 09002-2007N.

On May 7, 2007, PSE&G filed a motion to revise its gas Societal Benefits Charge (SBC), its electric SBC, and its electric nonutility generation charge (NGC) rates. The Company requests a January 1, 2008 implementation date for its new rates to be effective through the end of 2008. If approved, electric rates would increase by $50,780,000 per year, and gas rates would increase by $17,290,000 per year.


The proposed annual bill impact on a typical residential electric customer using 722 kwh during a summer month and 6,960 kwh annually would be an increase of $8.48 or approximately 0.85%, assuming the customer receives BGS-FP service from PSE&G based on the BGS-FP rate effective May 1, 2007. The increase in a summer monthly bill would be $0.88

The proposed annual bill impact on a typical residential gas heating customer using 100 therms during a winter month and 606 therms annually would be an increase of $3.54 per year or approximately 0.39%, assuming the customer receives BGSS commodity service from PSE&G. The increase in a winter monthly bill would be $0.58

Direct Testimony of Andrea Crane filed on behalf of the Department of the Public Advocate, Division of Rate Counsel on November 16, 2007.


Petition of PSE&G for approval of a Solar Energy Program and an Associated Cost Recovery Mechanism, BPU Docket No. EO07040278.

PSE&G filed a Petition with the Board of Public Utilities on April 19, 2007, requesting permission to implement Phase I of a new program to help fund solar photovoltaic systems for all customers classes in its electric service area.  PSE&G estimates that its investment in Phase I of this program will be about $100 million from 2008 to 2010.  PSE&G has estimated that the total cost to ratepayers for this program would be almost $250 million.  PSE&G proposes to charge customers for the program costs through the electric Societal Benefits Charge thereby increase an average residential customer's bill about $3.65 per year.

Surrebuttal Testimony of Andrea Crane, Robert Fagan, Dian Callaghan, Matthew Kahal, David Dismukes and Brian Kalcic filed on behalf of the Department of the Public Advocate, Division of Rate Counsel on November 30, 2007.

Direct Testimony of Matthew I. Kahal, Andrea Crane, David E. Dismukes, Robert Fagan, Brian Kalcic and Dian Callaghan filed on behalf of the Department of the Public Advocate, Division of Rate Counsel on September 21, 2007.


MTC OVER-RECOVERY REFUND TO PSE&G RATEPAYERS BPU Docket No(s): EX02060363 and EA02060366

For several years, Rate Counsel has been active in seeking to recover a refund from PSE&G for consumers following a special charge resulting from the deregulation of electric power in 1999. PSE&G received a cash advance of $540 million from PSE&G Power to go towards the recovery of generating units’ stranded costs related to deregulation. This was a part of a restructuring agreement. This cash advance was to be repaid, in part, from revenues PSE&G collected from its Market Transition Charge (MTC). If PSE&G failed to repay the loan, PSEG Power was to absorb the shortfall. If the $540 million were to be over-recovered, the excess revenue recovery was to be refunded to PSE&G’s ratepayers by way of credits in the Societal Benefits Charge (SBC). A subsequent audit revealed an issue concerning PSE&G’s calculation of the MTC. Rate Counsel filed comments in the audit proceeding stating that PSE&G should be required to increase the MTC over-recovery refund by $114,359,000 as of July 31, 2003 and to continue to accrue interest on the total MTC over-recovery after that date at the Board-approved interest rate for the utility’s other deferred balances.  The over-recovery has continued to accrue additional interest since July 31, 2003. PSE&G filed its motion for summary disposition on May 25 and argues that its calculation of the MTC over recovery is final and any attempt to change that is barred.


Response to PSE&G's Notice of Motion for Summary Disposition filed July 16, 2007.