Fitts Quoted on Petition for Federal Jurisdiction Over State Solar Power Programs

Partner Sarah Fitts was quoted on a petition from the New England Ratepayers Association urging the Federal Energy Regulatory Commission (FERC) to assert exclusive jurisdiction over state programs that pay homeowners for solar power they generate and put on the grid.

Sarah said, “There would be an enormous amount of disruption to make this change,” noting the FERC’s longtime hands-off approach.

If the agency were to declare jurisdiction over net metering for rooftop solar power generation, the legality of other state programs that encourage clean energy use by individual consumers could also be called into question.

“There are various subsidies and tax credits at a state level that support renewable energy and support installation at a retail level,” Sarah said. “Are they also going to end up being questioned?”

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