A major decision was issued today by the Court of Appeals in a contentious battle between solar energy businesses and power companies.
AECC and Petit Jean Electric Co-op objected to state Public Service Commission rate-making decisions on net metering for those who use solar power, including a 1-to-1 compensation for net metering. This is the credit solar users get, equal to retail rates, for putting energy into the grid. The Court upheld those decisions and also rejected Petit Jean’s argument that PSC Chairman Ted Thomas had acted injudiciously in comments he’d made to a Petit Jean consultant. It had sought to prevent him from deciding the case.
The Court of Appeals, however, sided with Scenic Hill Solar on its challenge of PSC rules linked to the size of solar generating facilities. It said the rules reached beyond statutory authority in requiring PSC approval of facilities generating less than 1,000 kwh and in standards set for those generating between 1,000 and 5,000 kwh. It also reversed a requirement that utilities bill net-metering facilities for grid charges.
This is an extreme summary of a lengthy, technical opinion. But here it is. The issue was discussed at length recently in a legislative committee hearing and I expect we haven’t heard the last of it.