Earlier this month, the State Corporation Commission (the “Commission”) issued an order to amend the Regulations Governing Net Energy Metering (the “Net Energy Metering Rules”) which establish the requirements for participation by an eligible customer-generator in net energy metering in the Commonwealth of Virginia. As we discussed here, effective on July 1, 2015, Chapters 431 and 432 of the 2015 Acts of Assembly amended § 56-594 of the Code to, among other things, increase the maximum generating capacity of an electrical generating facility owned or operated by a nonresidential customer that may be eligible for participation in the utility’s net energy metering program from 500 kilowatts to one megawatt. The Commission has proposed to amend the Net Energy Metering Rules to reflect the changes set forth in Chapters 431 and 432 (the “Proposed Rules”).
As proposed by the Commission, the Proposed Rules increase the capacity limit for participation by nonresidential customers in the net energy metering program from 500 kilowatts to one megawatt. In addition, they prohibit the capacity of any generating facility installed after July 1, 2015 from exceeding the expected annual energy consumption based on the previous 12 months of billing history. Among other things, the Proposed Rules also require any residential or nonresidential customer wanting to participate in net energy metering to notify its supplier and receive their approval to interconnect prior to installation of any electrical generating facility.
Each Virginia electric distribution company is required to serve a copy of the Order upon each of their respective net metering customers on or before June 23, 2015 and file a certificate of service no later than July 10, 2015. Any interested person may comment on, propose modifications or supplements to, or request a hearing on the Proposed Rules by filing such comments or requests on or before July 31, 2015.
If you have questions about the Proposed Rules and how they might impact your business, please contact the Virginia energy lawyers at GreeneHurlocker for more information.