California PUC Proposed Decision: A Net Energy Metering Program ≠ Community Renewable Program

Nearly half the states in the country have community solar or other community renewables (CR) programs. Are the small renewable generators in these programs selling wholesale power pursuant to their exemption from FERC regulation under PURPA regulations or are they and their subscribers engaged in net energy metering with states requiring utilities to provide billing credits at levels subject to state regulation? Thus far, there has been no ruling by FERC or the courts on this question. A recent Proposed Decision by two California Public Utilities Commission (CPUC) Administrative Law Judges (ALJs) could (if retained by the CPUC in the final decision) lead to litigation before FERC and the courts that reshapes the regulatory landscape for all states with community renewables programs.