The District of Columbia Public Service Commission’s Notices of Proposed Rulemaking
November 13, 2017
On November 3, 2017, the District of Columbia Public Service Commission (“Commission”) advised it was engaging in two proposed rulemakings (click here to view). The Commission plans to adopt and amend pertinent definitions in its regulations in order to establish a consistent language for addressing the complex issues related to modernizing the District’s energy systems, including terms as they relate to the energy supply industry and specifically renewable energy. The District encourages the deployment of Distributed Energy Resources, including distributed generation, such as solar energy facilities, microturbines, and cogeneration both as standalones, as well as part of microgrids. The proposed rulemaking is to support the above initiative while at the same time maintaining adherence to current statutes that prohibit construction of generators and the sale of electricity, without first obtaining a license.
For example, the definition for “electricity supplier” or “competitive electricity supplier” is proposed for amendment as follows: “Electricity supplier” or “competitive electricity supplier” means a person, including an Aggregator, Broker, or Marketer, who generates electricity; sells electricity; or purchases, brokers, arranges or markets electricity or electric generation services for sale to customers.
“Distributed energy resource” or “DER” is proposed for amendment as follows: a source or sink of power sited close to the customer’s load that can provide all or some of the customer’s energy needs and can also be used by the system to either reduce demand (such as demand response) or increase supply to satisfy the energy, capacity, or ancillary service needs of the distribution or transmission system. The resources, if providing electricity or thermal energy, are small in scale, connected to the distribution system, and close to the load. Types of DER include, but are not limited to, photovoltaic solar, wind, cogeneration, energy storage, demand response, electric vehicles, microturbines, biomass, waste-to-energy, generating facilities, and energy efficiency.
The proposed rulemaking also specifically addresses the lengthy and detailed application filing requirements for the construction of fossil fuel or waste-to-energy generating facilities, transmission lines, and substations. Applicants are now required, among other things, to submit an Environmental Impact Statement.
The notice of proposed rulemaking will be published in the D.C. Register on January 2, 2018. Comments are due by February 1, 2018, and replies are due by March 2, 2018. Please do not hesitate to contact our team if you have any questions or seek assistance in participating in these rulemakings.
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.