NJ BPU Proposes Amendments to Regulations Affecting Renewable Energy and Energy Efficiency

On August 6, New Jersey Board of Public Utilities (BPU) announced proposed amendments to multiple sections of the regulations governing renewable energy and energy efficiency. The amendments will affect New Jersey’s renewable portfolio standards, class II renewable energy certifications (RECs) and net metering. These proposed amendments come a few weeks after Governor Christie signed S-1925 into law on July 24, 2012, increasing the state’s solar requirements, and giving what is expected to be a boost to the solar energy business in the state.

Among the amendments is a provision which will specify the eligibility criteria for electric generation to be used as the basis for class II RECs. It is intended to codify existing practice and clarify what electric generation qualifies for class II RECs.

The changes proposed to the net metering regulations would clarify the terminology for the time period used to size renewable generation facilities. In addition there is a proposed expansion of the net metering to generation facilities located on contiguous properties.

The proposed amendment to the interconnection rules would prohibit payment for excess generation credits until the appropriate application is approved. It is intended to deter unauthorized energizing of generation facilities and to assist in review and approval prior to interconnection to the distribution system.

The BPU has provided a 60 day comment period. Comments to the proposed amendments may be submitted through October 5, 2012, in Word format (or one that can easily be converted to Word) by email to rule.comments@bpu.state.nj.us or on paper to: Kristi Izzo, Secretary, New Jersey Board of Public Utilities, ATTN: BPU Docket Number: EX11120885V, 44 S. Clinton Ave., 9th floor, P.O. Box 350, Trenton, NJ 08625-0350.

Susanne Peticolas is a Director in the Gibbons Real Property & Environmental Department.
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