CHAIRMAN BARTLETT STATEMENT REGARDING FERC'S NET METERING CASE
June 10, 2020
Hallowell, Maine - June 10, 2020 The Federal Energy Regulatory Commission (FERC) was petitioned in April 2020 by the New England Ratepayers Association (NERA) seeking a Declaratory Order, specifically requesting that FERC (1) "declare that there is exclusive federal jurisdiction over wholesale energy sales from generation sources located on the customer side of the retail meter, and (2) order that the rates for such sales be priced in accordance with the Public Utility Regulatory Policies Act of 1978 (PURPA") or the Federal Power Act (FPA), as applicable. In short, it would appear that NERA's petition seeks to eliminate state jurisdiction over critical aspects of net energy metering programs.
The Maine Public Utilities Commission (MPUC) has been monitoring this case closely and has intervened at FERC. Chairman Bartlett is actively participating in the National Association of Regulatory Utility Commissioners (NARUC) working group that is developing a response, as well as through the New England States Committee on Electricity (NESCOE) as Maines appointed manager. The primary concern is that granting the NERA petition would infringe on state jurisdiction over retail rates and could possibly undermine Maines net metering program.
Granting the petitioners request that FERC assert jurisdiction over state net metering programs would upend decades of legal precedent and disrupt net energy billing programs throughout the country, said Bartlett. This is a direct assault on state jurisdiction over retail energy rates and design, and FERC should deny the petition outright.
Chairman Bartlett will continue to work with NARUC and NESCOE to ensure that the interests of Maine ratepayers are protected and that the MPUCs jurisdiction is not jeopardized in any way.
About the Commission The Maine Public Utilities Commission regulates electric, telephone, water and gas utilities to ensure that Maine citizens have access to safe and reliable utility service at rates that are just and reasonable for all ratepayers. Commission programs include Maine Enhanced 911 Service and Dig Safe. Philip L. Bartlett II serves as Chairman, Bruce Williamson and Randall Davis serve as Commissioners.
Learn more about the Commission at www.maine.gov/mpuc
Contact: Name: Harry Lanphear, Administrative Director Phone: (207) 287-3831 Email: Harry.Lanphear@Maine.gov
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