Wisconsin PSC Denies Request For Declaratory Ruling On Third-Party Financing

The Public Service Commission of Wisconsin (PSC) has denied a request for a declaratory ruling in the second of two closely-watched dockets related to third-party financing arrangements for distributed energy resources (DERs). The decision means that some questions remain unanswered as to the legality of third-party financing of renewable resources in Wisconsin.

Originally filed in May 2022 as Docket 9300-DR-105, Midwest Renewable Energy Association's (MREA) petition for declaratory ruling had sought clarity from the PSC that entities which provide third-party financing for DERS are not public utilities, and therefore are not subject to PSC regulation. MREA had stated its intent to provide DER financing generally to multiple Wisconsin customers and requested clarity from the PSC as to the extent of its jurisdiction. For the PSC's consideration, MREA presented eleven attributes it said are common to its proposed DER financing arrangements, and argued that the PSC