The Commonwealth of Massachusetts



Similar documents
APPENDIX A: SYSTEM OF ASSURANCE OF NET METERING ELIGIBILITY

The Commonwealth of Massachusetts

PARTIAL SETTLEMENT AGREEMENT

DEPARTMENT OF PUBLIC UTILITIES

COMMONWEALTH OF MASSACHUSETTS

MASSACHUSETTS ELECTRIC COMPANY NANTUCKET ELECTRIC COMPANY NET METERING PROVISION

COMMENTS OF THE SOLAR ALLIANCE NEW JERSEY INTERCONNECTION RULES APRIL 29 TH, 2011

Western Massachusetts Electric Company d/b/a Eversource Energy M.D.P.U. No. 1039G Cancels M.D.P.U. No. 1039F

CIRCULAR LETTER NO NOTICE OF HEARING ADJUDICATORY RULES FOR CLAIMS AND COMPLAINTS BEFORE THE DEPARTMENT OF INDUSTRIAL ACCIDENTS

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF COLORADO

COMMONWEALTH OF MASSACHUSETTS

CABLE TELEVISION LICENSE RENEWAL PROCESS

Request for Power Supply Proposals to Provide the Following Services:

COMMONWEALTH OF MASSACHUSETTS

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. [Docket No. FR-5735-N-04]

The terms set forth in 220 CMR shall be defined as follows, unless the context otherwise requires.

DEVAL L. PATRICK GREGORY BIALECKI SECRETARY OF HOUSING AND ECONOMIC DEVELOPMENT. Division of Insurance, Petitioner v. Darla Denise Smoot, Respondent

COMMONWEALTH OF MASSACHUSETTS

F FCC Proposed Digital Telephone Number Registry and Its Impact on NPRM

145 FERC 61,172 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION

Request for Proposals for Solar Renewable Energy Certificates RFP #1012 March 7, 2012

SHEEO State Authorization Inventory. Massachusetts Last Updated: June 2012

Home Health Agency Manual (Revisions to Billing Instructions for Claims for Members with Commercial Health Insurance in Addition to MassHealth)

SECRETARY OF HOUSING AND ECONOMIC DEVELOPMENT. Division of Insurance, Petitioner v. Lester Williams, Respondent. Docket No.

AGENCY: National Telecommunications and Information Administration, U.S. Department of

GLOSSARY. Glossary of Terms for Capacity Based Demand Response PUBLIC. Issue 3.0 GOT-1

MISSISSIPPI LEGISLATURE REGULAR SESSION 2016

Eversource Energy. October 26, For the Period: Calendar Year 2015 Compliance

THE COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERAL ONE ASHBURTON PLACE BOSTON, MASSACHUSETTS 02108

STANDARDS FOR INTERCONNECTION OF DISTRIBUTED GENERATION TABLE OF CONTENTS

Georgia Public Service Commission

State Of Colorado's Public Utilities - SB 252

STATE OF CONNECTICUT DEPARTMENT OF PUBLIC SAFETY DIVISION OF FIRE, EMERGENCY AND BUILDING SERVICES OFFICE OF STATE FIRE MARSHAL

New Jersey s Clean Energy Program: FY14 Renewable Energy Program. Renewable Energy Committee Meeting Charlie Garrison 7/9/2013

UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION

THE COMMONWEALTH OF MASSACHUSETTS Department of Industrial Accidents

DEPARTMENT OF REGULATORY AGENCIES DIVISION OF REAL ESTATE COMMUNITY ASSOCIATION MANAGERS 4 CCR EMERGENCY RULE

COMMONWEALTH OF MASSACHUSETTS. Appearance for Appellant: Michael E. Pacheco DECISION

COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF PUBLIC UTILITIES

Solicitation Information February 26, 2016

Issue Date: March 4, Proposal Due Date: Tuesday, March 18, 2014 by 11:00 AM Mountain Time to:

DEPARTMENT OF REGULATORY AGENCIES DIVISION OF REAL ESTATE COMMUNITY ASSOCIATION MANAGERS 4 CCR 725-7

OFFICE OF CABLE TELEVISION. I/M/O Verizon New Jersey, Inc. Application for a System-wide Cable Television Franchise BPU Docket No.

REGULATIONS. I. Introduction

Circular Letter: DHCQ

TERMS AND CONDITIONS

SECRETARY OF HOUSING AND ECONOMIC DEVELOPMENT. Division of Insurance, Petitioner v. Edward L. Austin, III, Respondent Docket No.

MCIMETRO ACCESS TRANSMISSION SERVICES LLC

DEPARTMENT OF REGULATORY AGENCIES DIVISION OF REAL ESTATE COMMUNITY ASSOCIATION MANAGERS 4 CCR 725-7

CITY OF ATTLEBORO AGGREGATION DOCUMENTS

DT VOLO COMMUNICATIONS OF NEW HAMPSHIRE, INC. Petition for Authority to Provide Switched and non-switched Local Telecommunications Services

Department of Public (D/B) Versus Precedent Agreements in Tennessee

(1.) Misrepresentation of the Applicant's Residency Status

Arkansas Department of Education Rules Governing Procedures For Best Financial Management Practices Review For Public School Districts June 2004

COUNTY AND DISTRICT INITIATIVE & REFERENDUM PETITIONS

City of Bellevue Request for Proposal RFP #15091 Locate Ticket Management Software

State Health Benefit Plan Procurement Policy

THE CURRENT BALANCE. The Role of Cost, Reliability, and Environmental Impact in the Massachusetts Electricity Market

Notice of Intent Office of Technology Services. OTS Consolidation (LAC 4: XV. 101, 301, 303, 501, 503, 701)

STATE OF MAINE PUBLIC UTILITIES COMMISSION Docket No REISHUS, Chairman; DIAMOND, Commissioners

MBASWF BYLAWS. The name of this corporation is: MORTGAGE BANKERS ASSOCIATION OF SOUTHWEST FLORIDA,

PENNSYLVANIA PUBLIC UTILITY COMMISSION Harrisburg, PA

DEPARTMENT OF REGULATORY AGENCIES DIVISION OF REAL ESTATE COMMUNITY ASSOCIATION MANAGERS 4 CCR 725 7

UNITED STATES OF AMERICA BEFORE FEDERAL TRADE COMMISSION

COLORADO SCHOOL SAFETY RESOURCE CENTER ADVISORY BOARD BY-LAWS

Agency shall mean the Massachusetts Development Finance Agency established by M.G.L. c. 23G.

34 CFR Parts 461, 462, 463, 472, 477, 489, and 490. Programs and Activities Authorized by the Adult Education

As used in 211 CMR 97.00, the following words mean:

Steven M. Goldman, Commissioner, Department of Banking and Insurance. N.J.S.A. 17:1-8.1, 17:1-15e, 17: a3 and 17:29C-1 et seq.

Loan Originator Compensation Requirements under the Truth In Lending Act

Housing Bill Introduced to State Committee

To complete the process for a net metering interconnection, please follow the steps below:

MEMORANDUM. Electric Utilities, Renewable Energy Providers and Other Interested Persons

SECRETARY OF HOUSING AND ECONOMIC DEVELOPMENT TIMOTHY P. MURRAY LIEUTENANT GOVERNOR

LOBBYING DISCLOSURE IN PENNSYLVANIA 2014 ANNUAL REPORT PENNSYLVANIA DEPARTMENT OF STATE. June Tom Wolf Governor

Applies only to discounted stock rights exercised during 2006.

Applicability and Eligibility

Massachusetts Clean Energy Internship Program Participating Host Employer Application Form 2014 Spring Session

FACT SHEET. Involuntary Transfer of Ownership of a Vehicle by Court Order

Civil Penalties for Violation of Certain Drinking Water Laws Civil penalties e-1

May 26, Governor Charlie Baker Massachusetts State House Office of the Governor Room 280 Boston, MA 02133

Billing Code DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. [Docket No. FR-5470-N-02]

S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *

Public Act No

Authorized By: Steven M. Goldman, Commissioner, Department of Banking and Insurance. N.J.A.C. 17:1-8.1, 17:1-15e, and 17:22A-26 et seq.

Rulemaking Hearing Rules of The Tennessee Department of Commerce and Insurance Insurance Division. Chapter Long Term Care Insurance

KERALA STATE ELECTRICITY REGULATORY COMMISSION

TITLE 365. INSURANCE DEPARTMENT CHAPTER 25

State of Rhode Island and Providence Plantations DEPARTMENT OF BUSINESS REGULATION Division of Insurance 233 RICHMOND STREET PROVIDENCE, RI 02903

Arkansas Department of Education Rules Governing The Arkansas Financial Accounting and Reporting System, and Annual Training Requirements August 2005

RULES GOVERNING THE RENEWABLE ENERGY AND ENERGY EFFICIENCY FOR SCHOOLS LOAN PROGRAM

New Jersey Department of Community Affairs. Division of Local Government Services. Extraordinary Unspecifiable Services

ARTICLE 345. Tax Incremental Financing Plan

S T A T E O F M I C H I G A N BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION * * * * *

121 FERC 61,143 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION

Libraries. The local library only has to qualify under one of the two tests.

124 FERC 61,317 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION. Communication Protocols for Public Utilities ORDER NO.

BOARD OF DIRECTORS OF THE ARKANSAS HEALTH INSURANCE MARKETPLACE

211 CMR: DIVISION OF INSURANCE 211 CMR 23.00: AUDITS OF INSURERS BY INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS FOR YEARS ENDING 1991 AND AFTER

NOW, THEREFORE, WITNESSETH in consideration of mutual covenants herein contained, the Parties agree as follows:

Transcription:

The Commonwealth of Massachusetts DEPARTMENT OF PUBLIC UTILITIES D.P.U. 16-64-A May 19, 2016 Investigation of the Department of Public Utilities, on its own Motion, Commencing a Rulemaking pursuant to G.L. c. 164, 138 and 139; G.L. c. 30A, 2; 220 C.M.R. 2.00 et seq.; and Executive Order 562, to Amend 220 C.M.R. 18.00 et seq. ORDER CLARIFYING EMERGENCY NET METERING REGULATIONS

D.P.U. 16-64-A Page 1 I. INTRODUCTION On April 11, 2016, Governor Charlie Baker signed into law Chapter 75 of the Acts of 2016, An Act Relative to Solar Energy ( Act ). Among other things, the Act requires: (1) the Department of Public Utilities ( Department ) to amend its rules and regulations implementing certain changes to the net metering provisions of G.L. c. 164, 138-139; and (2) the Department of Energy Resources ( DOER ) to determine and notify the Department that the aggregate nameplate capacity of solar net metering facilities qualified under G.L. c. 25A, 11F(g), is equal to or greater than 1,600 megawatts direct current ( 1,600 MW threshold ). St. 2016, c. 75, 3-9, 12. Upon receipt of DOER s determination, the Act directs the Department to certify the date provided by DOER and establish a Notification Date that will trigger the implementation of Distribution Companies calculation of Market Net Metering Credits. On May 11, 2016, pursuant to G.L. c. 30A, 2 and 220 C.M.R. 2.00 et seq., the Department commenced a rulemaking and adopted Emergency Regulations ( Emergency Net Metering Regulations ) amending 220 C.M.R. 18.00 et seq., 1 to implement certain changes to the net metering provisions of G.L. c. 164, 138-139. St. 2016, c. 75, 3-9, 12. Net Metering Rulemaking, D.P.U. 16-64 (May 11, 2016). On May 18, 2016, the Department received a letter from the Commonwealth of Massachusetts Joint Committee on Telecommunication, Utilities, and Energy ( TUE Committee ) clarifying the legislative intent regarding the Act. In its letter, the TUE Committee stated its intent that 1,600 MW of projects 1 We refer to 220 C.M.R. 18.00 et seq. as Net Metering Regulations.

D.P.U. 16-64-A Page 2 would qualify for Net Metering Credits before the Market Net Metering Credits would take effect (TUE Committee Letter at 1). The TUE Committee states that it desires to create a seamless transition to the Market Net Metering Credit, which it suggests could happen if the Department uses the submission of an application for a cap allocation as the standard for determining project eligibility for the Market Net Metering Credit instead of the date of interconnection standard (TUE Committee Letter at 2). Further, the TUE Committee encourages the Department to establish a Notification Date as soon as possible to allow solar projects to plan accordingly (TUE Committee Letter at 2). On May 18, 2016, the Department received a letter from DOER notifying the Department of its intent to file its determination that the 1,600 MW threshold will be met on June 1, 2016, and requesting clarification of the Emergency Net Metering Regulations (DOER Letter at 1). DOER specifically seeks clarification of the Department s interpretation of its definition of Market Net Metering Credit in 220 C.M.R. 18.02, and requests that solar facilities that receive a cap allocation prior to or on the Notification Date will receive Net Metering Credits at the level available prior to the Notification Date and that solar facilities that receive a cap allocation after the Notification Date will receive Market Net Metering Credits (DOER Letter at 2). II. CLARIFICATION OF EMERGENCY NET METERING REGULATIONS At this time, the Department finds it necessary to provide interim direction concerning its interpretation of the Emergency Net Metering Regulations with regard to: (a) the definition of Market Net Metering Credit; and (b) which Solar Net Metering Facilities will receive

D.P.U. 16-64-A Page 3 Market Net Metering Credits after the Notification Date. The Emergency Net Metering Regulations define Market Net Metering Credit as: Market Net Metering Credit means a Net Metering Credit provided by a Distribution Company for the excess electricity generated and fed back to the Distribution Company by a Class I Solar Net Metering Facility, Class II Solar Net Metering Facility, Class III Solar Net Metering Facility or Solar Neighborhood Net Metering Facility that is interconnected to a Distribution Company after the Notification Date. 220 C.M.R. 18.02 (emphasis added). The phrase interconnected to a Distribution Company before/after the Notification Date also is located in the Emergency Net Metering Regulations at 220 C.M.R. 18.04. It has come to the Department s attention that the above-referenced phrase has raised concerns among solar stakeholders because interconnection is the final step in solar project development. 2 Certain interpretations of the phrase, interconnected to a Distribution Company after the Notification Date, could negatively affect projects that are presently in advanced stages of development, including those already under construction or fully financed. The Department recognizes that a Solar Net Metering Facility that obtains a cap allocation from the Massachusetts System of Assurance of Net Metering Eligibility ( System of Assurance ) 3 is on the path toward interconnection. A cap allocation means an assurance that 2 3 The Department notes that it received letters from the Solar Energy Industries Association and the Northeast Clean Energy Council on May 12, 2016. The System of Assurance is set forth in Appendix A to Net Metering, D.P.U. 11-11-A (2012).

D.P.U. 16-64-A Page 4 a Host Customer will receive Net Metering Services upon a Host Customer s receipt of notice of authorization to interconnect. System of Assurance, 3. Regarding the Emergency Net Metering Regulations, the Department clarifies its interpretation of the phrase, interconnected to a Distribution Company after the Notification Date, to mean all Solar Net Metering Facilities interconnected to a Distribution Company, including those Solar Net Metering Facilities that are in receipt of a cap allocation from the System of Assurance after the Notification Date, even if it is not yet interconnected to a Distribution Company. 220 C.M.R. 18.04(3), (4), and (6). Thus, for the duration of the Emergency Net Metering Regulations, all Solar Net Metering Facilities interconnected to a Distribution Company or in receipt of a cap allocation from the System of Assurance prior to the Notification Date shall receive Net Metering Credits as defined in 220 C.M.R. 18.04(1) and (5). Further, the Department notes that establishing a Notification Date is a critical step to ensure a smooth transition to the Market Net Metering Credit, and should be announced in short order to allow solar project proponents to plan accordingly. However, the Department will not establish the Notification Date that will be used to delineate a timeline for when the Distribution Companies will begin to calculate Market Net Metering Credits for Solar Net Metering Facilities until after it receives notice from DOER that the 1,600 MW threshold has been reached, and the Department promulgates final regulations amending 220 C.M.R. 18.00 et seq. ( Final Net Metering Regulations ), which will replace the

D.P.U. 16-64-A Page 5 Emergency Net Metering Regulations. 4 Therefore, the Department s interpretation of interconnected as provided herein will remain for the duration of the Emergency Net Metering Regulations effective period. III. EFFECTIVE PERIOD OF CLARIFICATION The Department s clarification of its interpretation of Market Net Metering Credit will remain in effect for a period not to exceed the effective period of the Emergency Net Metering Regulations. 5 The Department intends to solicit comments on the Emergency Net Metering Regulations and related issues, conduct a public hearing, and promulgate Final Net Metering Regulations, which will become effective July 29, 2016. The Department s interpretation of the term interconnected as discussed herein is intended to be applicable to the Emergency Net Metering Regulations only. In Net Metering Rulemaking, D.P.U. 16-64 (May 11, 2016) (Order Adopting Emergency Regulations), the Department stated that it seeks written comments on the Emergency Net Metering Regulations. The Department invites specific recommended 4 5 The TUE Committee recommends that solar projects that submit an application for a cap allocation after the Notification Date receive Market Net Metering Credits. DOER recommends that solar projects that receive a cap allocation after the Notification Date receive Market Net Metering Credits. The Department acknowledges that there is a distinction between the TUE Committee s recommendation to use the application for a cap allocation submission date and DOER s suggestion to use the cap allocation receipt date. Because the Department will not establish the Notification Date until after it promulgates Final Net Metering Regulations, the Department will consider additional public comments on the issue of cap allocation submission date versus receipt date. The Emergency Net Metering Regulations became effective May 11, 2016, upon filing with the Secretary of the Commonwealth, and will remain in effect for a period not to exceed three months. G.L. c. 30A, 2.

D.P.U. 16-64-A Page 6 language changes to the Emergency Net Metering Regulations and seeks comment on several specified topics including: what would be a reasonable amount of time between (a) the DOER s determination that the aggregate nameplate capacity of Solar Net Metering Facilities qualified under G.L. c. 25A, 11F(g), is equal to or greater than 1,600 MW direct current and (b) the Notification Date to be established pursuant to Department Order following receipt of the DOER s determination. D.P.U. 16-64 at 7-8. The Department encourages anyone seeking to comment on this Order to submit written comments in docket D.P.U. 16-64. 6 There is no service list in D.P.U. 16-64. The Department will update its online File Room daily and post written comments received in D.P.U. 16-64. See http://web1.env.state.ma.us/dpu/fileroom/dockets/bynumber (insert 16-64). 6 Written comments shall be limited in length to a maximum of twenty one-sided, double-spaced typewritten pages. Any person who desires to file written comments shall file an original and one (1) copy of such written comments with Mark D. Marini, Secretary, Department of Public Utilities, One South Station, Boston, Massachusetts, 02110. All documents should also be submitted to the Department in electronic format using one of the following methods: (1) by e-mail attachment to dpu.efiling@state.ma.us and the hearing officer [Staci.Rubin@state.ma.us]; or (2) on a CD-ROM. The text of the e-mail or CD-ROM must specify: (1) the docket number of the proceeding (D.P.U. 16-64); (2) the name of the person or company submitting the filing; and (3) a brief descriptive title of the document. The electronic filing should also include the name, title, and telephone number of a person to contact in the event of questions about the filing. Documents filed with the Department will be available for public inspection at its offices during business hours and through our website by looking up the docket by its number in the docket database at http://web1.env.state.ma.us/dpu/fileroom/dockets/bynumber (insert 16-64).

D.P.U. 16-64-A Page 7 IV. ORDER Accordingly, it is ORDERED: That the Emergency Net Metering Regulations be interpreted as provided herein until the Department issues final regulations amending 220 C.M.R. 18.00 et seq. By Order of the Department, /s/ Angela M. O Connor, Chairman /s/ Jolette A. Westbrook, Commissioner /s/ Robert E. Hayden, Commissioner