“The notion that FERC would take control over states’ retail billing practices is deeply troubling,” said Katherine Gensler, SEIA’s vice president of regulatory affairs. “We strongly urge FERC to put a quick stop to this attempt to give the federal government power over policies that unquestionably belong in the hands of state policymakers.”
Lawmaker support
Democratic Sens. Chris Van Hollen of Maryland, Maggie Hassan of New Hampshire, Martin Heinrich of New Mexico and Sheldon Whitehouse of Rhode Island, plus 16 other senators and four House members in May urged FERC to reject the petition.
The Public Utility Regulatory Policies Act is clear that Congress intended net metering programs to fall under state jurisdiction, not FERC’s, the lawmakers said in a letter to FERC Chairman Neil Chatterjee.
“If FERC granted NERA’s petition, it would overturn long-held precedent and give the federal government decision-making power that has long belonged to the states, including the authority to set rates, terms, and conditions for programs,” the lawmakers said.
State utility regulators are also focused on NERA’s petition, saying it threatens their authority over a key state policy. Brandon Presley, National Association of Regulatory Utility Commissioners president and chairman of the Mississippi Public Service Commission, said states would fight the petition.
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