On March 9, 2026, the California Court of Appeal handed down a decision in favor of the California Public Utilities Commission’s (CPUC) Net Billing Tariff, which was adopted in 2022 as a successor to the then-current Net Energy Metering (NEM) 2.0 tariff. The Net Billing Tariff reduced compensation for exported energy due to concerns that
Sam Wong
Sam Wong advises clients on the development, financing, and regulation of energy projects across the United States. With experience counseling utilities, independent power producers, and investors, he guides clients through complex regulatory frameworks, litigation, and transactional matters at the intersection of federal and state energy laws, environmental compliance, and emerging carbon markets. Click here to read Sam's full bio.
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“You May No Longer Be a QF”
By Jessica Bayles, Jason Johns & Sam Wong on
Posted in Energy Policy, FERC
April 20, 2026 Update: On April 20, 2026, the Qualifying Facility owners from Branch Street filed a petition in the D.C. Circuit asking the court to review FERC’s February 19, 2026 order.
On February 19, 2026, the Federal Energy Regulatory Commission (FERC) issued an order in Branch Street Solar Partners, LLC, addressing a rehearing…
CPUC Signals Shift on Cost Recovery for Transmission-Level Interconnections
By Sam Wong, Seth Hilton & Lilly McKenna on
Posted in California
As data centers and other large load customers seek to connect to California’s power grid, the California Public Utilities Commission (Commission) is rethinking how—and when—those customers should be refunded for costly transmission infrastructure upgrades.
Historically, distribution-level interconnection customers paid up front and received swift refunds under PG&E’s Base Annual Revenue Calculation (BARC) methodology. But the…
D.C. Circuit Affirms FERC’s Definition of “Power Production Capacity” in Broadview Solar
By Jessica Bayles, Jason Johns & Sam Wong on
December 9, 2025 Update: Following the D.C. Circuit’s September ruling, parties opted not to seek panel rehearing or en banc review. The deadline to petition the U.S. Supreme Court for certiorari expired on December 8, 2025, without any petitions for cert filed, thereby ending the potential for appeals of the decision.
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On September 9…