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FERC Rules Against Feed In Tariffs

Thursday, August 19th, 2010

Several states have been exploring an alternative to solar renewable energy credits with laws establishing feed-in tariffs (FIT).  A FIT law works by requiring utilities to purchase electricity from certain sources, like solar, at a fixed rate.  This rate is higher than the utilities normal wholesale electricity purchase price in order to subsidize their higher cost.  Unlike SREC laws, the FIT is a relatively blunt policy instrument.  By setting a fixed tariff, the state legislature must exactly calculate the cost needed to incentivize new solar installations.  If the rate is set too high, ratepayers unnecessarily oversubsidize solar (remember cash for clunkers?) and if it is set too low the solar build-up is too slow.  An SREC program, by contrast, allows the market to determine the exact price necessary to incentivize solar, leading to the desired amount of solar at the minimum cost to ratepayers.

State FIT laws were recently dealt a setback by the Federal Energy Regulatory Commission (FERC) who determined that a California  Feed-in Tariff for combined heat and power (CHP) was preempted by Federal Law.  The ruling specifically determined that  FERC has exclusive jurisdiction to set rates, terms, and conditions for the sale or resale of electricity, and that feed-in tariffs are a means of setting rates for the sale or resale of electricity.  The ruling goes on to state that feed-in tariffs would be allowed for certain facilities in certain circumstances, but not at rates above the utilities avoided cost.  Since avoided cost is far below FIT levels, this ruling effectively ends solar FITs in the U.S.

Existing programs in California, Oregon, Connecticut, and Vermont will probably be impacted immediately, while pending legislation in several states will have to be re-examined.  The  good news is that most of these states have existing renewable portfolio standard laws, they only lack a solar carve-out.  By adding a solar component to these existing laws, they can join states like NJ, MD, DE, DC, PA, OH, and MA using a market based approach to drive solar growth.

Some other coverage:
Full ruling can be found at FERC’s website under dockets EL10-64 and EL10-66

FERC deals blow to above-market rates (Feed-In Tariffs)

SEIA makes plans to appeal to congress to give states authority to implement FITs

FERC Rules Against Feed In Tariffs

Connecticut SREC Program On Hold After Governor Rell Veto

Monday, June 7th, 2010

Connecticut Governor M. Jodi Rell vetoed Senate Bill 493, which would pave the way for an SREC Program in the state.  Rell argued that the Bill, titled An Act Reducing Electricity Costs and Promoting Renewable Energy, will fail to accomplish both aspects of its stated intent. The Bill declared that “The Division of Research, Energy and Technology shall, in accordance with the comprehensive plan approved pursuant to section 16a-3a of the general statutes, as amended by this act, (1) increase the state’s energy independence and security by promoting conservation and efficiency and the use of diverse indigenous and regional electric resources; [and] (2) encourage the use of renewable energy resources and new electric technologies, particularly technologies that support economic development in the state and promote environmental sustainability.” While the Bill never directly mentioned SRECs among a wide variety of energy related topics, Rell’s veto will slow the process of the creation of an SREC market in Connecticut.

The Bill’s proponents claim that the legislation would reduce energy costs, spark growth in the state’s renewable energy industry, create jobs, and stabilize the state’s electricity market. Senator Rell argues that these claims are “eerily reminiscent” to those made on a bill in Connecticut a decade ago, which has since failed to reduce utility prices or help spawn renewable energy in the State. Rell claims that the bill “is not in the best interests of the ratepayers or taxpayers of our state.” Rell never directly mentioned any effect on an SREC market, instead attacking the fiscal irresponsibility of the Bill.

The effect of the veto is being felt heavily in the state’s solar power industry. When asked about the prospects of solar power in the state, Mike Silvestrini, president of Middletown-based Green Skies Renewable Energy replied, “There is absolutely zero opportunity in Connecticut without the energy bill. Eventually we will have to make a decision on whether we can remain in this state.” The legislation would have provided the solar industry with incentives to build large projects on commercial facilities, much bigger business than small residential jobs. The idea was to bring in enough business that Economies of scale could kick in and the business could become self-sustaining.

Although Rell has vetoed the Bill, it could still pass if Democrats are able to drum up enough of a majority to override the veto. If they are unsuccessful, any hopes for an SREC market in Connecticut will have to be put on hold until the next round of legislative sessions.

Meanwhile, SRECTrade is exploring ways to help solar owners in Connecticut generate and sell SRECs outside of the state until the government puts a local market together.


Connecticut SREC Program On Hold After Governor Rell Veto