Thanks for the info. $1B for the whole working factory sounds more believable.
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Do you think the class action could make this argument. The provision for time-of-use periods is a bit confusing to me. Does this mean that if you generator power in a particular time of day that is must be redeemed in the same time of day? That could make it impossible to export midday and redeem at night if the time of day plan separated those times of day. But otherwise, it seems clear that this is a transaction energy not monetary units. Net Energy metering, not net Dollar amount metering. Thanks for culling this up.
The time of use provision is just reiterating the 1:1 mechanism. No matter when the kWh is put on the grid, the customer-generator must be given an equal kWh back as credit. The important piece to remember is that this is all about units of energy as measured in kWh. It is clearly stated net metering, metering of kwhs put on the grid and the metering of credited KWhs consumed from the grid, has nothing to do with pricing or billing. As sb374 is written, billing comes on kwhs consumered from the grid after "net metering" process. That is where the utiltiy can propose a tariff(rules,rates,charges) thst can be adjusted as seen fit by the PUC. Rates are a cost per kWh agreement between all rate payers and the utility as approved by the PUC. Net metering is a regulation stipulating equal kWh credit for kWh put on the grid. It is not a rate. It is not changeable by a utiltiy tariff around a rate agreement.
The other point is that sb374 bill was poorly written. It was cut and paste together from previous net metering regulations and then had basically section 2.3 stitched in there where ever the utiltiy lawyers saw fit. it was clearly rushed together and purposely so it seems to be an "I gotcha."
However, it is clearly arguable that the resulting rate scheme that the utility "gotcha" thought it was capable of creating looks to be completely unenforceable now. It is clear to me the law as written protects the 1:1 kWh:kWh mechanism of net metering. Net metering regulation the entire bill references as the authority law itself was not altered or rewritten, as such all utility tariffs dealing with net metering itself must be applied to the resulting consumed grid energy outside of net metering process.
to add, NV Energy and PUC staff and the PUC itself said net metering rates where never ststed anywhere to be grandfathered for those that made solar investment decisions to go solar.
However, after reviewing Nevada documents over 18 years dealing with net metering, not one word relating to anything relating to rate changes or actually any rates at all with regard to net metering in any of the laws or regulation. That's over 18 years now, not one mention of a PUC having the authority to determine if pre "net metering cap" consumer-generators being subject to changes in future net metering cases.
the section 2.3 provision dealing with the PUCs authorization to determine grandfathering or not (the real utiltiy intended "I gotcha") was the first time in the 18 year history of any net metering legislation or prior regulation dealing with net metering has ever appeared. It has no prescedent, it has no prior legislative intent, it was never indicated to consumer-generators over the course of nearly two decades of net metering policy as ever being such. Legal standing is very low in a suit. That in addition to all governmental literature on net metering promoting net metering and the state incentive programs over the past 18 years said that consumer-generators making the investment in solar would save money. Bait and switch is a very strong legal argument for those affected by non grandfathering.
PUC says this is just like any other rate case in the past, rate payers pay the new rate. However that has no legal merit with regard to net metering since consumer generators made all the capital investment in their kWh production (and legally limited in that production to fit home consumption limit) and had entered into non rate agreement under 18 years of net metering to receive equal kWh credit for their excess kWh put on the grid, and in my opinion still on going agreement which has never been apart of any rate changes that apply to all rate payers in its history. Net metering has always been and continues to be a separate legal provision on kWh for kWh credit.
it can't be treated as a "wholesaler" because of the legal limitation of home system size under the past 18 years of net metering regulation. Net metering has never been a ppa aggrement with the utiltiy nor has that ever been the law described over past 18 years. In applying a "wholesale" approach to net metering customers is an additional a violation under federal contract law. But I don't even think the new rate decision lasts that long to get dinged under...