This post was co-authored by Stoel Rives summer associate Connor McRobert.

UPDATE [6/20/2024]: On May 31, 2024, the Council voted to further revise these proposed rules by adding several more minor proposed changes. The Council has reissued the notice of proposed rulemaking (NOPR) and initiated another public comment period ending July 22, 2024. See Reissued

In early January, the Minnesota Department of Commerce shared new details about the state’s Low and Moderate-income Accessible Community Solar Garden program (the “Program”) application process and requirements. Among other features, the Program emphasizes subscribing low- and moderate-income (“LMI”) households and public interest organizations and establishes new consumer protection requirements. Applications for the Program will be submitted and reviewed in batches – starting February 1, 2024 – and new caps on project size and Program size will apply.Continue Reading Minnesota Community Solar Garden Updates – New Program To Begin Accepting Applications

On November 16, the California Public Utilities Commission (Commission) voted to adopt a decision resolving the remaining issues in the Net Energy Metering (NEM) proceeding.  The decision, issued on November 22 as D.23-11-068, applies the net billing tariff concept adopted in D.22-12-56 to virtual net metering customers (VNEM) and aggregated NEM customers (NEMA), which

On June 23, 2023, the Oregon Legislature passed House Bill (HB) 3179, which changes the definition of energy facilities subject to mandatory Oregon Energy Facility Siting Council (EFSC) jurisdiction.  Signed by Oregon’s Governor on July 18, 2023, HB 3179 will go into effect January 1, 2024.  HB 3179 will provide more flexibility for certain

On June 30, 2022, California Governor Gavin Newsom signed Assembly Bill 205 (“AB 205”), which, among various other things, expands the siting jurisdiction of the California Energy Commission (“CEC”) to include non-thermal generating facilities, such as solar and wind projects, with a capacity of 50 megawatts (MW) or more.  The CEC’s siting jurisdiction was previously

In its first move since hitting “pause” on the California Public Utilities Commission’s (Commission) consideration of a controversial December 2021 proposed decision (Proposed Decision or PD) that would have overhauled the existing net energy metering (NEM) tariff for California’s solar customers, the presiding administrative law judge (ALJ) issued a ruling on May 9 to reopen the record and invite party comments on a limited scope of issues.

Background

The Commission adopted California’s existing solar tariff, known as NEM 2.0, on January 28, 2016 in Decision (D.) 16-01-044.  Customers opting into this tariff pay a one-time interconnection fee (less than $150 for systems under 1 MW and $800 for systems over 1 MW).  Customers taking service on the NEM tariff are automatically opted into a time-of-use rate plan and are subject to select non-bypassable charges (NBCs) that are used to fund general customer programs such as contributions to the wildfire fund, nuclear decommissioning, and the public purpose program, among others. NEM customers receive a bill credit for any excess generation produced by their system and exported to the electric grid, which credits may be used to offset customer energy costs. Under NEM 2.0, any excess generation credits are applied to the customer’s bill at the same retail rate (including generation, distribution and transmission charges) the customer would have paid for the energy consumption.
Continue Reading Commission Ruling Reopens the NEM 3.0 Record to Invite Comment on and Consider Limited Issues

In docket R.20-05-003, its Integrated Resource Planning (IRP) proceeding, the California Public Utilities Commission is considering its preferred portfolio of new resources for the next ten years.  A lengthy administrative law judge ruling issued August 17, 2021 set out a suggested Preferred System Plan (PSP) for the proceeding, including a suggested resource portfolio through 2032,

In a stakeholder call yesterday, the CAISO discussed the Revised Draft Final Proposal in the Generator Deliverability Assessment stakeholder initiative. During the call, the CAISO addressed outstanding stakeholder questions, including confirming key upcoming dates for project developers.

Background on the Proposal

The CAISO is proposing revisions to its deliverability assessment methodology in response to the rapid increase in the amount of solar resources and the California Public Utilities Commission’s (CPUC) resulting transition to an Effective Load Carrying Capability (ELCC) approach to calculating qualifying capacity (QC). The CAISO’s revisions are intended to more closely align the capacity studied in the deliverability assessment with the generator’s anticipated QC under the CPUC’s new ELCC methodology. Under the current deliverability assessment methodology, generators are studied at a higher capacity than the projects can qualify for under the ELCC methodology. Under the revised deliverability methodology, projects are expected to retain their full capacity deliverability status (FCDS) and their NQC value will not be reduced, but the proposed change should be beneficial to future interconnection customers because it will free up some unused deliverability and likely result in fewer required network upgrades to receive FCDS.

As part of the proposal the CAISO is also creating a new sub-status for solar and wind projects: Off-Peak Deliverability Status (OPDS). New solar and wind OPDS resources will receive market scheduling priority by continuing to be allowed to self-schedule as an incentive for resources to develop in locations that do not trigger upgrades or trigger only low-cost localized transmission upgrades.
Continue Reading CAISO Clarifies Generator Deliverability Assessment Proposal

On July 29, 2019, the Ninth Circuit Court of Appeals affirmed the lower court’s decision in Winding Creek Solar LLC v. Peterman et al., ruling that California’s feed-in tariff for small qualifying facilities (QFs), the Renewable Market Adjusting Tariff (ReMAT), violates the federal Public Utility Regulatory Policies Act (PURPA) (Ninth Circuit Case No. 17-17531). ReMAT provides small QFs of three megawatts (MW) or less with a standard contract for energy offtake, on a first-come, first-served basis. Under ReMAT, rates available to any given generator fluctuate based on the price the developers ahead in the contract queue will accept. The California investor-owned utilities must offer ReMAT contracts up to a program cap of 750 MW, which is proportionately split among the utilities, and then further divided across different types of generation, including baseload and peak/non-peak resources.

The Ninth Circuit ruled that ReMAT violated two tenets of PURPA. Under PURPA, subject to certain exemptions, utilities are required to buy at the avoided cost rate all the power produced by a QF. First, contrary to PURPA’s requirement that a utility buy all of a QF’s output, the Ninth Circuit found that ReMAT limits the amount of energy that utilities are required to purchase from QFs by placing caps on procurement. Second, ReMAT sets a market-based rate for energy from participating QFs, rather than a price based on the utilities’ avoided cost as required under PURPA.
Continue Reading Ninth Circuit Strikes Down California ReMAT in Winding Creek Solar Case