Pennsylvania Proposes Modification To Net Metering Size Limitations

February 24, 2014

The Pennsylvania Public Utility Commission (PUC) has issued proposed rulemaking that would significantly revise certain regulations pertaining to net metering in Pennsylvania.

The PUC has proposed seven general conditions on net metering (proposed regulation, § 75.13(a)).  Two of these conditions significantly change the net metering in Pennsylvania:

  • The third condition requires that the alternative energy system be sized to generate no more than 110 percent of the customer-generator’s annual electric consumption at the interconnection meter and all qualifying virtual meter aggregation locations.  This would be a new requirement on all net metering applications.
  • The seventh condition would expand the PUC’s role in approving net metering applications.  It imposes a requirement that all alternative energy systems with a nameplate capacity of 500 kilowatts or greater obtain PUC approval for net metering.  This is an additional step that does not exist under the current regulations.

Beyond these provisions, the PUC proposed other changes to existing regulations which, among other things, would increase certain reporting requirements and strengthen enforcement measures.  For example, the draft regulations would also explicitly provide that the PUC would have authority to direct retail suppliers to offer net metering in certain circumstances (proposed regulation, § 75.13(b)). 

These are proposed regulations.  In Pennsylvania, proposed regulations must go through a two-stage review process. The two stages include a time for review and comment on proposed regulations, and a period for review and action on final regulations.  These proposed regulations are still in the first stage.

Written comments on the proposed regulations may be submitted within 30 days of their publication in the Pennsylvania Bulletin. 

The PUC’s proposed rulemaking order can be found at Docket No. L-2014-2404361 and at this link:  https://www.puc.pa.gov/pcdocs/1269782.doc.

This Eckert Seamans Energy and Utilities Blog is intended to keep readers current on matters affecting businesses and is not intended to be legal advice.  If you have any questions about the content of this post, please contact Dan Clearfield at (717) 237-7173 dclearfield@eckertseamans.com or Carl Shultz at (717) 255-3742 or cschultz@eckertseamans.com

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