Virginia Hearing Examiner Recommends Rejecting APCo PPA Rider, Says PPAs Legal

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Aug 16

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Earlier today, Deborah V. Ellenberg, Chief Hearing Examiner in the APCo PPA Rider (PUE-2015-00040) proceeding discussed earlier,  recommended rejecting APCo’s proposed rider as not in the public interest. As a reminder, this was the tariff that APCo proposed in 2015 which would require a customer interested in a solar PPA to first pay for 100% of their service under the standard tariff, pay for 100% of the solar energy generated, pay a $30 program fee, and receive excess payments back through a Renewable Output Credit.  The report also concurs with arguments made by several intervening parties that:

  1. Behind-the-meter PPAs are already legal under existing Virginia law in APCo’s territory;
  2. Solar customer-generators who participate in net metering through Virginia Code Section 56-594 can do so as owners of a solar project or through contracts with a third-party; and
  3. The 100% renewable energy language in Section 56-577 refers solely to the energy purchased from a third-party provider, not to all of the energy used by the customer on site.

Please note that this is a recommendation to the Commission and not a final order. The Commission can accept, reject, or modify it. The Commission in the Remington case (PUE-2015- 00006), for example, rejected the Hearing Examiner’s recommendation. 

This post is a follow up piece to an earlier blog post which can be found here.

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