Pennsylvania’s Modified Net Metering Regulations: What Happens Now?
July 1, 2016
On Thursday, June 30 2016, the Independent Regulatory Review Commission (“IRRC”) unanimously disapproved (5-0) the modified net metering regulations proposed by the Pennsylvania Public Utility Commission (“PUC”).
These modified regulations were sent to IRRC on June 13, 2016. As you may recall, the PUC’s net metering regulations were modified in response to IRRC’s prior disapproval. In response, to IRRC’s objections the PUC removed the proposed 200% size limitation from the regulations.
That leads, to the question: what happens now?
The short answer is that the future of these modified net metering regulations is still not very clear at this time.
Final Review by Legislative Committees
IRRC is now required to notify the Legislative Committees of its second disapproval of the regulations.
To stop the regulations from becoming effective, each Committee has 14 days (from the time they receive notice from IRRC) to report out a concurrent resolution disapproving the regulations.
- If one of the Committees reports a concurrent resolution, the regulations are suspended pending further legislative review.
- If there is no report out by either Committee, the PUC can proceed with final promulgation of the regulations.
The Concurrent Resolution Process
From the date on which the concurrent resolution is reported, the Senate and the House of Representatives each has 30 calendar days or 10 legislative days, whichever is longer, to adopt it.
Both chambers must adopt the concurrent resolution by majority vote to continue the bar on the promulgation of the regulation. If both chambers adopt the concurrent resolution disapproving the regulations, it is presented to the Governor for consideration. The Governor has 10 days to sign or veto resolution.
- If the Governor signs the resolution, or if the Governor does not veto the resolution within ten days, the resolution is approved and the regulation is permanently barred.
- If the Governor vetoes the resolution, an effort can be made to override the veto. However, if either chamber takes no action, or does not override the Governor’s veto, the General Assembly is deemed to have approved the regulation.
If one chamber does not adopt the resolution within the required time, the General Assembly is deemed to have approved the regulation, and the PUC can proceed with final promulgation of the regulations.
If you have any questions, please contact Carl Shultz at (717) 255-3742 – cshultz@eckertseamans.com – or Dan Clearfield at (717) 237-7173 – dclearfield@eckertseamans.com.
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.
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