New Ohio Net Metering Rules: Additional Certainty, Remaining Questions

On October 7, 2019, Ohio's newly promulgated net metering rule¹ takes effect. This concludes a rule revision process dating back to 2012, although another iteration is possible after the conclusion of a pending Ohio Supreme Court appeal.² For now, the Public Utilities Commission of Ohio (PUCO) has resolved a number of important issues regarding net metering³:

• Sizing: Existing law requires a net metering system to be "intended primarily to offset part or all of the customer-generator's requirements for electricity." Ohio Revised Code (ORC) 4928.01(A)(31). The new PUCO rule provides more definite parameters in applying that provision, stating that a system must not exceed 120% of the customer's "requirements for electricity at the time of interconnection[]," based on the customer's average annual usage over the prior three years or another "reasonable consumption estimate." Previously, Ohio utilities would not allow a customer to net meter if their system produced