Appeal to PA Commonwealth Court Focuses on Net Metering
March 18, 2014
Last week, a net metering customer took the relatively unprecedented step of challenging the Pennsylvania Public Utility Commission (“PaPUC”) “proposed rulemaking” to amend the requirements of the Alternative Energy Portfolio Standards Act (“AEPS Act”) generally and the net metering rules in particular. Filed at the Commonwealth Court, the customer confronted the PaPUC’s proposal to require a “customer-generator to have load, independent of the alternative energy system, behind the meter and point of interconnection of the alternative energy system.” As the proposed amendments to the AEPS Act do not include a grandfather clause, the proposed conditions could affect those who have existing generating facilities, along with those who may wish to install facilities in Pennsylvania. The PaPUC will likely file a motion to quash the appeal since the filing merely announces proposals which will be subject to an extensive comment and analysis before they become final – if they ever do.
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 Sarah Stoner at (717) 237-6026; sstoner@eckertseamans.com