Solar Advocacy – FERC (Federal Energy Regulator Commission) Rejects Petition to Declare Solar Net Metering Policies Illegal
This is a huge win for net metering advocates.
Provided by GreenTechMedia
“All four FERC commissioners voted to dismiss the April petition from the New England Ratepayers Association (NERA), which argued that FERC, not states, should have jurisdiction over sales of electricity from customer-sited generators like rooftop solar. “We find that the petition does not identify a specific controversy or harm that the commission should address in a declaratory order,” FERC Chairman Neil Chatterjee said in Thursday’s FERC open meeting.
…Comments opposing the proposal were filed by thousands of individual commenters, 30 state public utility commissions and 35 members of Congress, as well as 31 attorneys general from states ranging from Oklahoma to California.”
Updated: 6/26/2020
Solar Advocacy – Significant Bipartisan Support Against the Petition to Kill Net Metering
Provided by the Climate & Energy Project and Clean Energy Business Council:
57,000 solar advocates filed comments nationwide regarding the petition to block net-metering! Three cheers for solar advocacy! The comments were overwhelmingly opposed to the petition, with just 3 comments filed by individuals in favor. State governments joined the opposition with 37 states filing an opposition to the petition.
Your comments successfully demonstrated overwhelming public and state government opposition to the NERA petition, and a compelling legal case was launched. While the response was overwhelmingly supportive, there is not yet an indication of how FERC will vote. The Climate and Energy Project and Vote Solar are monitoring the situation closely. Good Energy Solutions will post the FERC decision when it is communicated!
Updated: 6/10/2020
Solar Advocacy – More than 15K Nationwide Have Taken Action to Oppose Anti-Net Metering! Deadline is June 15
Provided by the Climate & Energy Project and Clean Energy Business Council:
The public comment deadline on the petition to give federal regulators the power to block rooftop solar owners from earning fair credit for the surplus electricity their solar panels produce is fast approaching! The Federal Energy Regulatory Commission needs to hear from millions of solar supporters that we want them to deny this power grab by anti-solar big utility interests.
Take these easy steps TODAY:
- Sign the petition at savesolar.org/cep-act-now to oppose this violation of your solar rights.
- Share the petition on your Facebook, twitter, and other social media accounts with this message: “I just took action to Save Solar. You should too! Net metering is a state-based solar energy policy that helps make rooftop and community solar affordable to millions across the country. Let’s not lose that right!”
- Download any or all of the graphics below and use them in social media.
- Use hashtags: #savesolar and #savekssolar on Twitter and Instagram.
Updated: 5/14/2020
Save Solar Update – Solar Advocacy. Take Action to Protect Net Metering and Your Solar Rights
Provided by the Climate & Energy Project and Clean Energy Business Council:
A petition was filed with the Federal Energy Regulatory Commission (FERC) by a small New England association that would remove Kansas’ right to design retail net metering programs (the petition can be found here). In fact, the petition asks FERC to reverse its MidAmerican decision and to invalidate all net metering statutes and regulations across the continental United States. It is a mechanism that determines how much a customer will be billed for retail electric service, which takes into account electricity generated and consumed on the retail customer’s side of the utility meter (a.k.a., “behind the meter”) and any exports to the grid. Currently, Net metering is a state-based solar energy policy that helps make rooftop and community solar affordable to millions across the country.
The deadline to stop this attack is in just a few weeks. Please take action to protect solar rights
Updated: 4/13/2020
When will Demand Charges be Removed From Utility Bills?
We are as excited as you are that the KS Supreme Court ruled that solar demand charges are discriminatory, and therefore illegal. While this is great news, you won’t see any changes to your electric bill until the Kansas Corporation Commission directs Evergy on how to proceed. We don’t expect this to occur for several months. If you would like to help, please contact the Kansas Corporation Commission and ask for a speedy resolution.
Phone: (800) 662-0027
Phone: (785) 271-3140
Fax: (785) 271-3111
Email: public.affairs@kcc.ks.
Updated: 4/3/2020
GREAT NEWS! Demand Charges for Kansas Homeowners with Solar Overruled
Read the Kansas Supreme Court Ruling
See more in the article from The Clean Energy Business Council below the video.
Big Win for Kansas Solar Customers! Court Rules Demand Charge Discriminatory Rate
Synopsis Provided by the Climate & Energy Project and Clean Energy Business Council:
Kansas Supreme Court Rules in Favor of Solar Customers
Kansans wishing to install solar panels on their homes saw a major cost barrier removed today by the Kansas Supreme Court in a ruling that determined Evergy’s (formerly Westar Energy) demand charge was a discriminatory rate and not permissible by law. The opinion of the court was delivered by Brownback appointee Justice Caleb Stegall who wrote the Kansas Corporation Commission (KCC) “erred by approving a discriminatory rate in violation of K.S.A. 66-117d and that the Court of Appeals order is reversed”. Stegall’s full opinion is available here.
“This decision strikes down needless financial penalties for rooftop solar ratepayers and moves our state toward further development of solar and wind power. The Court recognized that unjustified demand charges on solar generation are contrary to long-standing federal and Kansas law”, Robert Eye, Climate + Energy Project Board member and one of the Sierra Club attorneys who argued the case.
The Climate + Energy Project (CEP), while not a party to the Supreme Court case, has been fighting for fair policies for ratepayers and solar businesses for more than six years. CEP intervened before the KCC on behalf of the solar industry, supported legislation to end discriminatory ratemaking, and spearheaded the statewide Save Kansas Solar campaign to raise awareness about the discriminatory law.
“We’re pleased with the Court’s ruling as it opens up opportunities for Kansans to install solar panels on their homes and save money on their bills at a time when all tools to lower electric rates should be accessible,” said Dorothy Barnett, Executive Director for the Climate + Energy Project. “As we move forward in state energy planning, the Court’s ruling removes a barrier to solar adoption and positions us to make progress on policies that support the advancement of solar integration for all Kansans without onerous, unfair charges.”
CEP was proud to partner with Vote Solar, Earthjustice, Sierra Club, and many other environmental partners to support solar energy in Kansas and will continue to work on ways to advance renewable energy access across the state.
The Kansas Corporation Commission or Westar have twenty-one days to appeal the Kansas Supreme Court’s decision. In the meantime, the Court reversed the judgement of the KCC and remanded the matter back to the Commission.
For more information about rooftop solar in Kansas, visit savekansassolar.com or www.climateandenergy.org and stay informed about renewable energy advancements.
Updated: 3/18/2020
Save Kansas Solar Update – Kansas Energy Office
Synopsis Provided by the Climate & Energy Project and Clean Energy Business Council:
Thank you to those of you who reached out to your Kansas House members via phone, email and social media asking for their support for lower electricity rates.
Unfortunately, despite thoughtful remarks from the well-supporting Executive Reorganization Order 46 from Representative Gartner, Carmichael, Moore and Horn, the House voted 74-44 to keep the Kansas Energy Office at the Kansas Corporation Commission. You can watch the debate on this video on Youtube.
The good news is that Governor Kelly appointed a terrific Kansas Corporation Commissioner, Susan Duffy, and has another appointment very soon. We will continue to advocate for the KCC to scale up the State Energy Office staff so they can manage the important process of creating a much needed state energy plan.
Updated: 2/25/2020
Save Kansas Solar Update – Climate Change Hearing
Provided by the Climate & Energy Project and Clean Energy Business Council
A Climate hearing at the Capitol building in Topeka was held on 02/10/2020 hosted by the WEALTH Coalition (Water, Energy, Air, Land, Transportation, and Health) The hearing brought together a committee made up of members representing both chambers and parties, as well as members of the community with expertise or commitment to climate action to discuss the science of climate change, the costs to our state and agriculture economy, our health and environment, along with solutions and strategies for resilience.
Following the hearing, participants heard from Senator Tom Hawk; Climate + Energy Project’s Executive Director, Dorothy Barnett; and Sierra Club lobbyist, Zack Pistora at the Climate Rally.
Updated: 2/13/2020
Save Kansas Solar Update
Provided by the Climate & Energy Project and Clean Energy Business Council
Governor Kelly proposed the development of an energy plan through an independent state energy office. This is an important step in efforts to address higher rates and plan for our future. But the plan is in jeopardy!
TAKE ACTION: Tell your Kansas representatives you want lower electricity rates. VOTE NO on HCR 6031
Click here to look up your representative and/or obtain their contact information.
BACKGROUND: Kansas electric rates have skyrocketed over the past decade and your options for energy efficiency tools, solar installations, or other cost-saving options haven’t increased, leaving you stuck with higher bills. Reach out to your House member today and let them know you want them to vote against HCR 6031. We need a state energy plan to help lower electric rates.
TALKING POINTS:
- We cannot expect to address increasing utility rates without a plan! Not advancing an energy plan through an independent energy office further stalls meaningful action and moves us further from addressing our energy needs, leading to continued rate increases, no matter your electric provider.
- Kansas is one of only three states that have their energy office in their regulatory agency. The Kansas Corporation Commission exists to provide regulatory oversight and should not be the home of the Energy Office.
Thank you for taking action for a healthier Kansas energy future!
Updated: 1/28/2020
Save Kansas Solar Update
Provided by the Climate & Energy Project and Clean Energy Business Council
Today Governor Kelly took a bold step for our state’s energy future by announcing an Executive Reorganization Order to move the Kansas Energy Office (SEO) out of the Kansas Corporation Commission (KCC) to the Office of the Governor. We applaud her vision!
For more than a year, the Climate + Energy Project has been advocating for an independent State Energy Office (SEO) and a State Energy Plan. According to the State Energy Program Operations Manual, the overarching goal of an SEO is to transform markets for energy efficiency and renewable energy technologies through policies, strategies, and public-private partnerships that facilitate their adoption and implementation. This goal directly conflicts with the KCC’s role as a regulator.
The recently released Electricity Rate Study from London Economics outlined the development of a State Energy Plan as a key strategy for lowering rates in Kansas.
In more than 40 states, State Energy Plans have been created to capitalize on energy as a key resource and area of strategic importance to the state’s economy and economic development efforts. These plans are increasingly seen as an excellent means to set state executive branch and legislative priorities and provide strategic direction and guidance for state utility regulators and other state and local agencies. In a majority of states, State Energy Offices lead or guide the planning process and plan development.
The London Economics study noted the first step for an energy plan is to have it initiated by a top-level state authority – which is accomplished by creating an independent energy office.
The development of a state energy plan also requires data collection and public input. After developing the goals and specific actions required to reach them, the energy plan should be publicized, implemented, and the progress should be monitored.
The constantly changing energy sector is and will continue to be a challenge for policymakers and our state. A State Energy Plan would address energy supply and demand challenges, ensure reliable and affordable energy, determine potential ways to minimize costs and maximize production benefits, while also supporting economic development. A State Energy Plan would identify and design a pathway for a prosperous energy future using Kansas resources, infrastructure and workforce talent to promote economic competitiveness and a healthy environment.
Congratulations Kansas, and thank you Governor Kelly!
Updated: 1/03/2020
Save Kansas Solar Update
Provided by Andy Rondon of Good Energy Solutions who attended the hearing at the Kansas Supreme Court.
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The KS Supreme Court rules in favor of Evergy, and nothing changes – Demand charges are here to stay. Obviously, this is not the outcome that we want. If we saw this outcome, my fear would be that the other utilities in the area would get more aggressive towards solar customers.
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The KS Supreme Court Rules in favor of Solar Customers, Evergy moves everyone to RS-DG – I doubt that Evergy wants to do this, but a rate that applies to everyone, by definition, does not disadvantage any single subgroup (i.e. solar customers). Evergy might not end up choosing demand charges specifically, but they would have the leeway to change the way they bill everyone. This could lead to a complete overhaul of the way the utilities bill and operate.
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The KS Supreme Court Rules in favor of Solar Customers, Evergy makes RS-DG optional – Evergy likes the demand charges and there are probably some solar customers out there that also like them. Providing solar customers with options, but not forcing them to move away from the standard rate, wouldn’t put them at a disadvantage. Wouldn’t everyone choose the rate that best suited their lifestyle? I think that this is the most likely path.
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Something else – These are my best guesses and the KS Supreme Court is not bound to any of these. Their ruling could be very narrow or very broad. They can ultimately do whatever they want.
Updated: 12/18/2019
Save Kansas Solar Update
Provided by the Climate & Energy Project and Clean Energy Business Council
Tomorrow, Dec. 19, the Kansas Supreme Court will review whether the rate design for distributed generation class (demand charges) discriminates against renewable energy users in violation of both Kansas state law and federal law. This hearing is open to the public. Everyone is welcome to attend in person or listen online (instructions below). Proceedings are also archived online.
Sierra Club and Vote Solar’s petition for review was filed with the supreme court and includes a summary of the issues and positions, it can be reviewed here.
If you wish to attend the hearing, here is information to help with your visit.
Kansas Supreme Court
301 SW 10th Avenue
Topeka Kansas 66612-1507
Telephone # 785.296.2256
Thursday, Dec. 19
9:00 a.m.
General and Parking Information: Visitor parking is in the northeast corner of the parking lot and handicap parking is along the front row. All visitors will pass through security which includes a metal detector and x-ray machine. The courtroom will be on the 3rd floor. Each side will have 15 minutes to share their case. Arrive 15 minutes or so early to secure parking, get through security, and arrive in the courtroom before or by 9am.
Watch the Kansas Supreme Court Online
Oral arguments before the Supreme Court are open to the public and may be viewed live online. Proceedings are also recorded and archived so they may be viewed online any time. More information here. If you have questions or concerns about the webstream, call the Appellate Clerk’s office at 785-296-3229.
Information about the Kansas Supreme Court: The Kansas Supreme Court sits in Topeka in the Kansas Judicial Center and is the state court of last resort. It hears direct appeals from the district courts in the most serious criminal cases and appeals in any case in which a statute has been held unconstitutional. It may review cases decided by the Court of Appeals, and may transfer cases from that court to the Supreme Court. It also has original jurisdiction in several types of cases.
Updated: 9/24/2019
Save Kansas Solar Update
Provided by the Climate & Energy Project
Westar solar customers who installed a solar system before October 1, 2018 should have seen a change on their September bill, eliminating the demand charges. If you’re a Westar solar customer and still being charged the demand rate, contact the utility. If you prefer to keep the demand charge rate you must opt-in by calling Westar by October 1, 2019.
The Clean Energy Business Council (CEBC) continues to negotiate with Evergy on options for those who want to go solar. Stay tuned for an update at the end of October!
Updated: 3/27/2019
PRESS RELEASE:
Clean Energy Business Council Reaches Agreement with Evergy
Both parties find common ground in effort to address residential solar opportunities
TOPEKA, KAN. – After months of debate in the Kansas statehouse, the Clean Energy Business Council presented to the Senate Utilities committee on Thursday that Evergy had agreed to file a new tariff with the KCC to request that Westar customers with solar installations prior to October 1, 2018, and KCP&L customers with installations prior to December 20, 2018, are grandfathered into the old rate and not subject to the mandatory demand charges.“We appreciate Evergy agreeing to grandfather these customers into the old rate so solar users aren’t impacted by prohibitive rate hikes. We’re now focused on how we can make sure Kansas policies enable future solar customers to affordably access the technology for their homes. Our agreement with Evergy included their commitment to collaborate in the coming months to find reasonable solutions that will allow the industry to grow and we’re looking forward to those discussions,” said Dorothy Barnett, executive director of the Clean Energy Business Council.
Vice Chairman of Senate Utilities Mike Petersen (R-Wichita) told Barnett in committee, “I want to thank you and the industry for getting together and figuring out how to help these folks that made their investments (in solar) and coming to a reasonable solution.”
The Clean Energy Business Council introduced SB 124 to eliminate the demand charges approved by the KCC in the fall. “We’ve agreed to stop pursuit of SB 124 this session so the tariff can be filed and we can work outside of the legislature to address how to value the costs and benefits of residential solar for future customers,” said Barnett.
For more information:
Jessica Lucas – 620-931-7161
Dorothy Barnett – 785-424-0444
The hearing took place on Monday, Feb. 25. Listen here
A recent Bill, The Energy Fairness Act, could revoke current punitive demand charges for Kansas homeowners with solar in Westar/KCP&L Territory.
Original Post: 2/8/2019
Customers of Westar/KCP&L with grid-tied connected solar on their homes are currently subject to distributed generation demand charges* on their utility bills. But recently a bill (HB-2190, SB-124) has been introduced to the Kansas House of Representatives and to the Senate. The bill, if passed, would reverse the ruling made in 2018 and actually accomplish two things:
- Revoke the punitive charges that were added to residential solar customers and
- Protect solar customers from being singled out again in the future.
Good Energy Solutions is looking for people who are willing to A) write a letter of testimony or B) testify, in person, in front of the Senate Utilities Committee:
- Are you a residential customer of KCP&L or Westar and live in Kansas?
- Has the uncertainty in rates (i.e. the new punitive charges) played a part in your decision to not install solar at your home?
- Are you a solar customer who has been affected by these charges?
A Residential solar customer’s peak demand is 10 kW on a Friday evening at 6:00. The household is a typical home with two adults and three small children.
10 kW x $9 = $90 in demand charges each month.
October – May
10 kW x $3 = $30 in demand charges each month.
- Summer and Winter demand charges are $9.00/kW and $3.00/kW, respectively
- Customer charge will be $14.25
- The energy charge is $0.07688 per kWh
- Demand measurement shall be a 60-minute intervals
- The demand billing period shall be the daily hours of 4:00pm through 8:00pm Central Time, except for weekends, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day