About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (July 24, 2020)

handle is hein.crs/govdbbw0001 and id is 1 raw text is: 









               Researh Sevice





Federal Energy Regulatory Commission

Declines to Regulate Net Metering



July 24, 2020


Net metering is a policy through which electricity customers with their own electricity generation systems
are compensated for the energy they produce (above what they consume). Typically, net metering
customers receive a bill credit for any excess electricity they produce over the course of a month. In other
words, their monthly electricity bills reflect the net of electricity used from the grid and delivered to the
grid. Rooftop-mounted solar photovoltaic panels (i.e., rooftop solar) make up nearly all net metering
generation capacity in the United States. For simplicity, the following discussion refers to generators
participating in net metering as rooftop solar. Most states have adopted a net metering policy.
The Federal Energy Regulatory Commission (FERC) regulates wholesale and interstate electricity
transactions, pursuant to the Federal Power Act (FPA). The FPA defines wholesale electricity transactions
as sale of electric energy to any person for resale. In 2001 (and again, in 2009), FERC determined that
net metering policies do not constitute a sale for resale. Currently, states and local authorities regulate net
metering policies.
On April 14, 2020, the New England Ratepayers Association (NERA) filed a petition with FERC, asking
the Commission to exert jurisdiction over most types of net metering transactions, arguing that they
constitute a sale for resale. NERA asked that FERC regulate rooftop solar in the same way it regulates
other small-scale generators pursuant to the Public Utility Regulatory Policies Act (PURPA; P.L. 95-617).
It argued, in part, that many state net metering policies require utilities to overcompensate rooftop solar
owners because net metering customers are compensated above the utility's avoided cost. Further, NERA
argued that many state net metering policies inequitably shift costs to customers without rooftop solar.
Some stakeholders raised concerns that if FERC regulated net metering as NERA proposed, rooftop solar
would receive less compensation, potentially slowing its development.
On July 16, FERC unanimously dismissed the petition on procedural grounds, leaving the status quo in
place. However, FERC left open the possibility that it might reconsider issues related to rooftop solar in
the future.
NERA's petition raised interest in issues related to net metering, some of which are discussed below.


                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                       IN11468

CRS  NStGHT
Prpred For Meumbers and
Comrm ttees  of Conress  ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Already a HeinOnline Subscriber?

profiles profiles most