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
Seth Hilton
Seth Hilton, a partner in Stoel Rives’ Energy Development group, focuses his practice on energy regulation and litigation, representing clients before a variety of energy regulatory agencies in California, including the California Public Utilities Commission and California Energy Commission, as well as in stakeholder proceedings at the California Independent System Operator. His clients include developers of thermal and renewable generation, energy storage developers, transmission developers, energy service providers, and investor-owned and publicly-owned utilities. Seth also represents energy clients in state and federal court and has significant experience in a wide variety of complex commercial litigation.
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CPUC Signals Shift on Cost Recovery for Transmission-Level Interconnections
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…
CAISO Proposes Key Refinements to Interconnection Processes Ahead of Cluster 16
On October 13, 2025, the California Independent System Operator (CAISO) released its Draft Final Proposal for Interconnection Process Enhancements (IPE) 5.0—continuing its multi-year effort to modernize and streamline the interconnection process for new energy resources. The proposed reforms build on lessons learned from Cluster 15, previous IPE tracks, and stakeholder feedback.
Highlights of CAISO’s…
California Legislature Approves Pathways Bill Moving Western Regionalization Forward
Update: Governor Newsom signed the Pathways Bill into law on September 19, 2025.
On September 13, 2025, Assembly Bill (AB) 825, titled the Independent System Operator: Independent Regional Organization Act, passed the California state Senate on a 34-0 vote, and a 74-1 approval in the Assembly.[1] The bill now heads to the Governor’s…
CPUC Opens Rulemaking to Modernize Rule 21 Interconnection Procedures
The California Public Utilities Commission (CPUC or Commission) has launched a new rulemaking to update Electric Tariff Rule 21 (Rule 21). This proceeding was initiated through an Order Instituting Rulemaking (OIR) adopted at the August 14, 2025 CPUC voting meeting, and seeks to modernize interconnection procedures in response to the rapid evolution of Distributed Energy…
The California Supreme Court Addresses Standard of Review Applicable to California Public Utility Commission Decisions
Background
On August 7, 2025, the California Supreme Court issued its decision in Center for Biological Diversity, Inc. v. Public Utilities Commission (Cal., Aug. 7, 2025, No. S283614), 2025 WL 2253765 (Center for Biological Diversity). The case centers around the Net Energy Metering program, updated by the California Public Utilities Commission (CPUC) in…
PG&E Proposes New Electric Rule No. 30 for Transmission Level Electric Retail Service in Response to Rapid Increase in Transmission Level Demand and Data Centers
On November 21, 2024, Pacific Gas & Electric Company (PG&E) filed an application at the California Public Utilities Commission (CPUC or Commission) seeking approval of a new Electric Rule No. 30 (Electric Rule 30) to address the interconnection of non-residential customers requesting retail electric service at transmission-level voltages between 50 kilovolts (kV) and 230 kV…
CAISO Interconnection Process Enhancements Proposal Faces Protest at FERC
CAISO’s Interconnection Process Enhancements proposal faces protests from independent power producers, clean energy organizations, and renewable energy developers at FERC. Challengers claim that CAISO’s scoring criteria provide undue influence to load-serving entities (LSEs) and may violate principles of open access.
CAISO’s proposal addresses the backlog in its interconnection queue by prioritizing projects in zones with…
CAISO Releases Addendum to Interconnection Process Enhancements Final Proposal Ahead of Board of Governors Meeting
On Thursday, May 9, 2024, the California Independent System Operator (CAISO) issued an addendum to its Interconnection Process Enhancements (IPE) Track 2 Final Proposal, and issued a revised version of that addendum on May 17. Track 2 focuses on modifications to the interconnection and queue management processes to address the substantial interconnection request volumes in…
Stakeholders Express Concern That CAISO’s Interconnection Scoring Criteria May Prioritize Load-Serving Entity Selection
Background
The California Independent System Operator’s (CAISO) recently issued Interconnection Process Enhancements (IPE) final proposal[1] provides heightened requirements to complete an interconnection request and relies on scoring criteria to determine which projects advance to the interconnection study process. Due to the proposed 150% cap on specific interconnection zones, not all interconnection requests in each…