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ARTICLE · 04 DECEMBER 2009

Energy Industry Updates For November 2009

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In a win for the rooftop solar PV industry, FERC recently confirmed that it would not exercise jurisdiction over certain net metering arrangements with rooftop solar PV installation.

United StatesEnergy and Natural Resources
Foley & Lardner
Foley & Lardner
John Lazarus
John Lazarus
Thomas McCann Mullooly
Thomas McCann Mullooly
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Solar PV Developers Win at FERC

In a win for the rooftop solar PV industry, FERC recently confirmed that it would not exercise jurisdiction over certain net metering arrangements with rooftop solar PV installation.

In the proceeding, Sun Edison LLC requested a declaratory order that its retail sale facilities were non-jurisdictional. Sun Edison's retail facilities involved the installation of solar PV systems and the sale of that energy output directly to the on-site end-use customer. In turn, these customers entered into net-metering relationships with local utilities. At some of the locations, the solar PV facility's production temporarily exceeded the customer's retail load. Sun Edison sought a declaratory ruling that FERC would not assert jurisdiction over the flow of power to the grid occurring under the auspices of a state net metering program as long as there is no net sale over the course of the relevant billing period.

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