PRIOR PRINTER'S NO. 1666 PRINTER'S NO. 1989
No. 1201 Session of 2007
INTRODUCED BY GEORGE, DePASQUALE, GERBER, DeWEESE, CONKLIN, HARHAI, HARKINS, JAMES, JOSEPHS, KORTZ, MAHONEY, MANDERINO, McGEEHAN, MUNDY, M. O'BRIEN, PRESTON, SANTONI, SHIMKUS, STABACK, SURRA, TANGRETTI, THOMAS, VITALI, WALKO, YUDICHAK, CURRY, FREEMAN, McCALL, BENNINGTON, GOODMAN, K. SMITH, M. SMITH, PETRONE, LENTZ, GRUCELA, FABRIZIO, PASHINSKI AND CALTAGIRONE, MAY 24, 2007
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 19, 2007
AN ACT 1 Amending Title 66 (Public Utilities) of the Pennsylvania 2 Consolidated Statutes, further providing for the definition 3 of "public utility"; adding a definition of "micro-grid"; 4 further providing for duties of electric distribution 5 companies; and providing for micro-grids. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. The definition of "public utility" in section 102 9 of Title 66 of the Pennsylvania Consolidated Statutes is amended 10 to read: 11 § 102. Definitions. 12 Subject to additional definitions contained in subsequent 13 provisions of this part which are applicable to specific 14 provisions of this part, the following words and phrases when 15 used in this part shall have, unless the context clearly 16 indicates otherwise, the meanings given to them in this section:
1 * * *
2 "Public utility."
3 (1) Any person or [corporations] corporation now or
4 hereafter owning or operating in this Commonwealth equipment
5 or facilities for:
6 (i) Producing, generating, transmitting,
7 distributing or furnishing natural or artificial gas,
8 electricity, or steam for the production of light, heat,
9 or power to or for the public for compensation.
10 (ii) Diverting, developing, pumping, impounding,
11 distributing, or furnishing water to or for the public
12 for compensation.
13 (iii) Transporting passengers or property as a
14 common carrier.
15 (iv) Use as a canal, turnpike, tunnel, bridge,
16 wharf, and the like for the public for compensation.
17 (v) Transporting or conveying natural or artificial
18 gas, crude oil, gasoline, or petroleum products,
19 materials for refrigeration, or oxygen or nitrogen, or
20 other fluid substance, by pipeline or conduit, for the
21 public for compensation.
22 (vi) Conveying or transmitting messages or
23 communications, except as set forth in paragraph (2)(iv),
24 by telephone or telegraph or domestic public land mobile
25 radio service including, but not limited to, point-to-
26 point microwave radio service for the public for
27 compensation.
28 (vii) Sewage collection, treatment, or disposal for
29 the public for compensation.
30 (viii) Providing limousine service in a county of
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1 the second class pursuant to Subchapter B of Chapter 11 2 (relating to limousine service in counties of the second 3 class). 4 (2) The term does not include: 5 (i) Any person or corporation, not otherwise a 6 public utility, who or which furnishes service only to 7 himself or itself. 8 (ii) Any bona fide cooperative association which 9 furnishes service only to its stockholders or members on 10 a nonprofit basis. 11 (iii) Any producer of natural gas not engaged in 12 distributing such gas directly to the public for 13 compensation. 14 (iv) Any person or corporation, not otherwise a 15 public utility, who or which furnishes mobile domestic 16 cellular radio telecommunications service. 17 (v) Any building or facility owner/operators who 18 hold ownership over and manage the internal distribution 19 system serving such building or facility and who supply 20 electric power and other related electric power services 21 to occupants of the building or facility. 22 (vi) Electric generation supplier companies, except 23 for the limited purposes as described in sections 2809 24 (relating to requirements for electric generation 25 suppliers) and 2810 (relating to revenue-neutral 26 reconciliation). 27 (vii) Any person or corporation who or which 28 furnishes DISTRIBUTES natural gas produced from <-- 29 alternative sources, including, but not limited to, 30 landfill gas, coal-mine methane or coal-bed methane and 20070H1201B1989 - 3 -
1 synthetic natural gas produced from the gasification of 2 coal or other feedstocks directly to no more than four 3 customers. A person or corporation who or which wishes to 4 furnish DISTRIBUTE natural gas produced from alternative <-- 5 sources to more than four customers and be excluded from 6 this definition must request approval from the 7 commission. The commission shall approve the request if 8 the person or corporation provides a private rather than 9 a public service. 10 (viii) Micro-grids, as that term is defined by 11 section 2803 (relating to definitions). 12 (3) For the purposes of sections 2702 (relating to 13 construction, relocation, suspension and abolition of 14 crossings), 2703 (relating to ejectment in crossing cases) 15 and 2704 (relating to compensation for damages occasioned by 16 construction, relocation or abolition of crossings) and those 17 portions of sections 1501 (relating to character of service 18 and facilities), 1505 (relating to proper service and 19 facilities established on complaint; authority to order 20 conservation and load management programs) and 1508 (relating 21 to reports of accidents), as those sections or portions 22 thereof relate to safety only, a municipal authority or 23 transportation authority organized under the laws of this 24 Commonwealth shall be considered a public utility when it 25 owns or operates, for the carriage of passengers or goods by 26 rail, a line of railroad composed of lines formerly owned or 27 operated by the Pennsylvania Railroad, the Penn-Central 28 Transportation Company, the Reading Company or the 29 Consolidated Rail Corporation. 30 * * * 20070H1201B1989 - 4 -
1 Section 2. Section 2803 of Title 66 is amended by adding a 2 definition to read: 3 § 2803. Definitions. 4 The following words and phrases when used in this chapter 5 shall have the meanings given to them in this section unless the 6 context clearly indicates otherwise: 7 * * * 8 "Micro-grid." A small power generation and distribution 9 network directly serving multiple consumers with the electric 10 generating facility located near or on the same site as the 11 consumers, that may be interconnected to the transmission and 12 distribution system and, if so, operates BUT CAPABLE OF <-- 13 OPERATING independently from it. 14 * * * 15 Section 3. Section 2807(e) of Title 66 is amended and the 16 section is amended by adding a subsection to read: 17 § 2807. Duties of electric distribution companies. 18 * * * 19 (e) Obligation to serve.--An electric distribution company's 20 obligation to provide electric service following implementation 21 of restructuring and the choice of alternative generation by a 22 customer is revised as follows: 23 (1) While an electric distribution company collects 24 either a competitive transition charge or an intangible 25 transition charge or until 100% of its customers have choice, 26 whichever is longer, the electric distribution company shall 27 continue to have the full obligation to serve, including the 28 connection of customers, the delivery of electric energy and 29 the production or acquisition of electric energy for 30 customers. 20070H1201B1989 - 5 -
1 (2) At the end of the transition period, the commission 2 shall promulgate regulations to define the electric 3 distribution company's obligation to connect and deliver and 4 acquire electricity under paragraph (3) that will exist at 5 the end of the phase-in period. 6 (3) [If a customer contracts for electric energy and it 7 is not delivered or if a customer does not choose an 8 alternative electric generation supplier, the] 9 (i) The electric distribution company or commission- 10 approved alternative supplier shall acquire [electric 11 energy at prevailing market prices to serve that customer 12 and shall recover fully all reasonable costs.] a 13 portfolio of resources through one or more competitive 14 procurement processes approved by the commission to serve 15 customers who contract for electric energy and do not 16 receive it or to customers who do not choose an 17 alternative electric generation supplier, and shall 18 recover fully all reasonable costs. The competitive 19 procurement process or processes to secure electricity 20 shall be conducted by customer rate class as determined <-- 21 and approved by the commission. The generation rates 22 procured by the competitive procurement process or 23 processes may not allow the cross-subsidization of one 24 customer rate class by another. <-- 25 (ii) In addition to complying with the requirements <-- 26 of the act of November 30, 2004 (P.L.1672, No.213), known 27 as the Alternative Energy Portfolio Standards Act, the 28 (II) (A) FOR THE PURPOSES OF THIS PARAGRAPH, <-- 29 COMPETITIVE PROCUREMENT PROCESSES MAY INCLUDE ONE OR 30 MORE OF THE FOLLOWING: 20070H1201B1989 - 6 -
1 (I) AUCTIONS. 2 (II) REQUESTS FOR PROPOSALS. 3 (B) THE COMMISSION SHALL NOT MODIFY CONTRACTS 4 ENTERED INTO PURSUANT TO AN APPROVED COMPETITIVE 5 PROCUREMENT PROCESS UNLESS THE COMMISSION DETERMINES 6 THAT THE CONTRACT DOES NOT COMPLY WITH THE APPROVED 7 COMPETITIVE PROCUREMENT PROCESS. 8 (III) THE resource portfolio acquired pursuant to 9 this paragraph shall be designed to produce the lowest 10 reasonable rates on a long-term basis and shall reflect a 11 diversity of supply-side and demand-side resources, a 12 diversity of fuel types and a prudent mix of long-term, <-- 13 short-term and spot-market purchases. A long-term <-- 14 contract shall be permitted only for newly constructed or 15 proposed to be constructed alternative energy sources, as 16 that term is defined in section 2 of the Alternative 17 Energy Portfolio Standards Act, and new generation 18 resources determined by the commission to be required for 19 reliability as set forth in subparagraph (v). SPOT-MARKET <-- 20 PURCHASES. LONG-TERM CONTRACTS SHALL BE PERMITTED TO 21 ACQUIRE ELECTRICITY GENERATION RESOURCES, DEMAND SIDE 22 MANAGEMENT RESOURCES OR ALTERNATIVE ENERGY CREDITS AS 23 THOSE TERMS ARE DEFINED IN SECTION 2 OF THE ACT OF 24 NOVEMBER 30, 2004 (P.L.1672, NO.213), KNOWN AS THE 25 ALTERNATIVE ENERGY PORTFOLIO STANDARDS ACT. 26 (iii) (IV) An electric distribution company or <-- 27 commission-approved alternative supplier may enter into a 28 long-term contract directly with a Tier I alternative 29 energy source, as that term is defined in section 2 of 30 the Alternative Energy Portfolio Standards Act, for 20070H1201B1989 - 7 -
1 electricity, alternative energy credits, or both, without 2 engaging in a commission-approved competitive procurement 3 process. The costs associated with the contract must be <-- 4 consistent with the average cost of Tier I alternative 5 energy credits in other jurisdictions of the PJM 6 Interconnection, L.L.C., regional transmission 7 organization or its successor, accounting for the effect 8 that public subsidies have on the price of the 9 alternative energy credit. The commission shall determine 10 when there is significant competition among Tier I 11 alternative energy sources that the acts authorized by 12 this subpart are no longer necessary. PROCESS FOR A <-- 13 PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS 14 SUBPARAGRAPH. 15 (iv) (V) An electric distribution company or <-- 16 commission-approved alternative supplier shall enter into 17 a contract with energy efficiency and other demand-side 18 resources, instead of electric generation facilities, to 19 meet any increases in energy usage and peak demand so 20 long as the cost of energy efficiency and demand-side 21 resources is less than the cost of electric generation. 22 To the extent that electric generation is necessary to 23 meet additional load growth, the electric distribution 24 company or commission-approved alternative supplier shall 25 make a good faith effort to procure electricity from 26 alternative energy sources specified in the Alternative 27 Energy Portfolio Standards Act. 28 (v) (VI) An electric distribution company or <-- 29 commission-approved alternative supplier may enter into a 30 contract approved by the commission to enable the 20070H1201B1989 - 8 -
1 construction of new electric generation resources upon a 2 determination by the commission that new electric 3 generation resources are required to ensure reliability. 4 The commission shall ensure that a contract for new 5 electric generation resources are the lowest cost option 6 for ensuring reliability. 7 (vi) The portfolio of resources acquired pursuant to <-- 8 this subsection shall be acquired separately for 9 residential customers, small business customers and large 10 customers as those customer classes are defined by the 11 commission for each electric distribution company or 12 commission-approved alternative supplier. 13 (vii) For the purposes of this paragraph "long-term 14 contract" shall be defined as a contract length of more <-- 15 than three years. OF ANY LENGTH AS NEGOTIATED BY THE <-- 16 PARTIES BUT AT LEAST THREE YEARS IN DURATION. "Short-term 17 contract" shall be defined as a contract length of three 18 years or less. 19 (4) If a customer that chooses an alternative supplier 20 and subsequently desires to return to the local distribution 21 company for generation service, the local distribution 22 company shall treat that customer exactly as it would any new 23 applicant for energy service. 24 (5) No later than January 1, 2011, an electric 25 distribution company or commission-approved alternative 26 supplier shall provide a rate that shall change no more 27 frequently than on an annual basis as the default option for 28 residential and small business customers. 29 (6) One year from the effective date of this paragraph 30 or at the end of the applicable generation rate cap period, 20070H1201B1989 - 9 -
1 whichever is later, an electric distribution company and 2 commission-approved alternative supplier shall offer a time- 3 of-use pilot rate to residential and small business customers 4 voluntarily choosing to be part of the pilot program. An 5 electric distribution and commission-approved alternative 6 supplier shall provide to the commission a description of its 7 time-of-use pilot rate program and shall annually report on 8 the participation in the pilot program and the efficacy of 9 the pilot program in affecting energy demand and consumption. 10 (7) Within six years of the effective date of this <-- 11 paragraph, an electric distribution company shall furnish its 12 customers with technology capable of allowing all customers 13 to participate in pricing programs that reflect time of use. 14 The electric distribution company may recover the net costs 15 associated with technology required to implement time-of-use 16 rates. Cost recovery shall reflect the operating cost savings 17 to the electric distribution company from the introduction of 18 technology to implement time-of-use rates. Customer 19 participation in time-of-use pricing shall be voluntary. 20 (8) By January 1, 2011, or at an electric distribution 21 company or commission-approved alternative supplier's next 22 default service offering, whichever is sooner, the electric 23 distribution company or commission-approved alternative 24 supplier may offer large customers any rate including, but 25 not limited to, a cost-based rate for any duration agreed 26 upon by the electric distribution company or commission- 27 approved alternative supplier and the large customer. 28 Contract rates entered into pursuant to this paragraph shall 29 be subject to review by the commission in order to ensure 30 that no costs related to the rates are borne by other 20070H1201B1989 - 10 -
1 customers or customer classes. 2 (7) AN EVALUATION, BY THE COMMISSION, OF THE RESULTS OF <-- 3 THE PILOT PROGRAM WILL DETERMINE WHETHER, OR TO WHAT EXTENT, 4 THE BROADER DEPLOYMENT OF TIME-OF-USE METER TECHNOLOGY WOULD 5 BE COST EFFECTIVE. WHERE TIME-OF-USE METER TECHNOLOGY IS 6 DETERMINED BY THE COMMISSION TO BE COST EFFECTIVE, ELECTRIC 7 DISTRIBUTION COMPANIES SHALL FURNISH THE SAME, WITHIN SIX 8 YEARS OF THE EFFECTIVE DATE OF THIS PARAGRAPH, TO CUSTOMERS 9 VOLUNTARILY CHOOSING TO PARTICIPATE IN TIME-OF-USE RATES. 10 DEFAULT SERVICE PROVIDERS SHALL BE ENTITLED TO FULL AND 11 CURRENT RECOVERY, UNDER SECTION 1307 (RELATING TO SLIDING 12 SCALE OF RATES; ADJUSTMENTS) AUTOMATIC ADJUSTMENT CLAUSE, OF 13 NET COSTS INCURRED IN CONNECTION WITH THE DEVELOPMENT, 14 IMPLEMENTATION AND OPERATION OF A PILOT PROGRAM OR ANY OTHER 15 DEPLOYMENT OF TIME-OF-USE METER TECHNOLOGY, INCLUDING A 16 RETURN ON AND OF ITS INVESTMENT IN ANY FACILITIES INSTALLED, 17 EMPLOYED OR PREMATURELY RETIRED IN CONNECTION WITH THE 18 DEPLOYMENT OF TIME-OF-USE METER TECHNOLOGY. 19 (8) THE DEFAULT SERVICE PROVIDER MAY, IN ITS SOLE 20 DISCRETION, OFFER CUSTOMERS WITH A MAXIMUM REGISTERED DEMAND 21 OVER 500 KW A RATE FOR ANY DURATION AGREED UPON BY THE 22 DEFAULT SERVICE PROVIDER AND THE CUSTOMER WITH A MAXIMUM 23 REGISTERED DEMAND OVER 500 KW. CONTRACT RATES ENTERED INTO 24 PURSUANT TO THIS SECTION SHALL BE SUBJECT TO REVIEW BY THE 25 COMMISSION IN ORDER TO ENSURE THAT ALL COSTS RELATED TO SUCH 26 RATES ARE BORNE EXCLUSIVELY BY THE CUSTOMER RECEIVING THE 27 CONTRACT RATE AND THAT NO COSTS RELATED TO SUCH RATES ARE 28 BORNE BY OTHER CUSTOMERS OR CUSTOMER CLASSES. 29 (9) The commission shall require an electric 30 distribution company to offer customers the choice of 20070H1201B1989 - 11 -
1 phasing-in over a period of up to three years any generation 2 rate increases resulting from the end of existing generation 3 rate caps which are approved by the commission. 4 (f) Retail electricity surcharge.-- 5 (1) Each electric distribution company shall apply and 6 collect a charge of $0.0005 per kWh for each kWh of retail 7 electricity sold in this Commonwealth and shall pay that 8 charge to the State Treasurer through the Department of 9 Revenue on a quarterly basis within 30 days after the close 10 of the quarter in which collected. 11 (2) Notwithstanding the provisions in paragraph (1), in <-- 12 no event shall the annual payment from any single customer 13 exceed $10,000. 14 (2) NOTWITHSTANDING THE PROVISIONS IN PARAGRAPH (1), IN <-- 15 NO EVENT SHALL THE ANNUAL PAYMENT FROM ANY SINGLE LEGAL 16 ENTITY EXCEED $10,000. FOR PURPOSES OF THIS PARAGRAPH, EACH 17 INDIVIDUAL FEDERAL AGENCY AND EACH INDIVIDUAL COMMONWEALTH 18 EXECUTIVE AGENCY, INDEPENDENT AGENCY OR STATE-AFFILIATED 19 AGENCY SHALL CONSTITUTE A DISTINCT LEGAL ENTITY. THE 20 COMMISSION SHALL ADOPT GUIDELINES WITHIN SIX MONTHS OF THE 21 EFFECTIVE DATE OF THIS SUBSECTION FOR AVOIDING PAYMENTS IN 22 EXCESS OF $10,000 OR FOR REFUNDING OR CREDITING PAYMENTS IN 23 EXCESS OF $10,000. 24 (3) The State Treasurer shall transfer all funds 25 received pursuant to this subsection to the Energy 26 Development Fund within 30 days of receipt of the funds. 27 (4) The charge shall appear as a separate charge on the 28 distribution bill of each retail electricity customer. The 29 charge shall be applied beginning 90 days after the effective 30 date of this subsection and shall expire on the 30th 20070H1201B1989 - 12 -
1 anniversary of the date it was first applied. 2 (5) Funds collected under this subsection shall be used 3 TO PAY THE PRINCIPLE AND INTEREST ON BONDS ISSUED by the <-- 4 Pennsylvania Energy Development Authority IN ACCORDANCE WITH <-- 5 THE PROVISION OF ARTICLE XXVIII-C OF THE ACT OF APRIL 9, 1929 6 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 1929. 7 PROCEEDS OF THE BONDS SHALL BE PROVIDED TO, AND USED BY, THE 8 PENNSYLVANIA ENERGY DEVELOPMENT AUTHORITY, THE Redevelopment 9 Capital Assistance Program and the Ben Franklin Technology 10 Development Authority for the following purposes: 11 (i) To fulfill the obligations of a bond for 12 alternative energy projects, including: 13 (A) Funding for alternative and renewable energy 14 projects, including alternative and renewable 15 transportation fuels. 16 (B) Funding for the purchase of tradable 17 instruments, including, but not limited to, 18 alternative and renewable energy credits. 19 (C) Funding for demand-side management measures 20 for all customer classes, including, but not limited 21 to, energy efficiency building construction, 22 equipment and renovation. 23 (D) Rebates or grants for solar photovoltaic, 24 other solar electric or solar thermal installations. 25 THE PENNSYLVANIA ENERGY DEVELOPMENT AUTHORITY SHALL <-- 26 ESTABLISH REBATE AND GRANT LEVELS FOR RESIDENTIAL AND 27 NONRESIDENTIAL SOLAR PHOTOVOLTAIC ENERGY SYSTEMS 28 BETWEEN 1KW AND 2MW AND FOR SOLAR THERMAL 29 APPLICATIONS AND TECHNOLOGIES. REBATE LEVELS MAY BE 30 ADJUSTED PERIODICALLY. APPLICATIONS FOR REBATES MAY 20070H1201B1989 - 13 -
1 BE MADE AT ANY TIME. 2 (E) Production grants or rebates to solar 3 equipment manufacturers. 4 (F) Funding for weatherization and other usage 5 reduction measures for low-income electricity and 6 natural gas customers. 7 (G) To acquire, through purchase or otherwise, 8 hold, sell, transfer and redistribute electric power, 9 natural gas, liquid fuel, transportation fuel and any 10 other energy commodity. 11 (H) FIFTEEN MILLION DOLLARS FOR REBATES OR <-- 12 GRANTS FOR SOLAR PHOTOVOLTAIC, OTHER SOLAR ELECTRIC 13 OR SOLAR THERMAL INSTALLATIONS. 14 (I) TEN MILLION DOLLARS FOR FUNDING FOR 15 WEATHERIZATION AND OTHER USAGE REDUCTION MEASURES FOR 16 LOW-INCOME ELECTRICITY AND NATURAL GAS CUSTOMERS. 17 (J) TEN MILLION DOLLARS FOR THE HAZARDOUS SITES 18 CLEANUP FUND ESTABLISHED IN SECTION 602.3 OF THE ACT 19 OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX 20 REFORM CODE OF 1971. 21 (K) TEN MILLION DOLLARS FOR THE LOW-INCOME HOME 22 ENERGY ASSISTANCE ACT OF 1981 (PUBLIC LAW 97-35, 42 23 U.S.C. § 8626A). 24 (II) REASONABLE ADMINISTRATIVE COSTS ASSOCIATED WITH 25 UTILIZING THE FUNDS. 26 (2) Reasonable administrative costs associated with <-- 27 utilizing the funds. 28 (6) THE COMMONWEALTH DOES HEREBY PLEDGE AND AGREE TO ANY <-- 29 HOLDER OF BONDS AND ANY RELATED CONTRACTUAL OBLIGEE TO BE 30 PAID WITH OR SECURED BY THE FUNDS COLLECTED UNDER THIS 20070H1201B1989 - 14 -
1 SECTION THAT THE COMMONWEALTH WILL NOT IMPAIR, REDUCE OR 2 ELIMINATE THE CHARGE IMPOSED BY THIS SECTION OR ANY OTHER 3 SECURITY PLEDGED TO THE REPAYMENT OF SUCH BONDS OR THE 4 PAYMENT OF THE RELATED CONTRACTUAL OBLIGATION UNTIL ALL SUCH 5 BONDS THEN ISSUED, TOGETHER WITH THE INTEREST THEREON, ARE 6 FULLY PAID OR DEFEASED AND ALL SUCH CONTRACTUAL PAYMENT 7 OBLIGATIONS ARE SATISFIED. 8 (7) ONLY THE ENTITIES SPECIFIED IN THIS SUBSECTION SHALL 9 HAVE THE AUTHORITY TO ADMINISTER OR ENFORCE THE PROVISIONS OF 10 THIS SUBSECTION. 11 Section 4. Title 66 is amended by adding a section to read: 12 § 2813. Micro-grids. 13 Customers may have their electricity supplied by micro-grids 14 subject to the following: 15 (1) A micro-grid shall be limited to four customers. 16 Micro-grids seeking to supply electricity to more than four 17 customers may be approved by the commission on a case-by-case 18 basis. The commission shall approve such requests if the 19 micro-grid, while serving more than four customers, provides 20 a private rather than a public service. 21 (2) The commission shall promulgate regulations on the 22 fees related to micro-grid interconnection, standby power and 23 other services related to the reliable and safe functioning 24 of micro-grids. Fees associated with this section shall be 25 the lowest cost necessary to ensure adequate system 26 reliability and safety. 27 (3) Micro-grids may sell power, EITHER THROUGH NET <-- 28 METERING, IF CONSISTENT WITH THE COMMISSION'S NET METERING 29 REQUIREMENTS, OR TO THE ELECTRIC TRANSMISSION SYSTEM back to 30 the electric transmission and distribution system at the spot 20070H1201B1989 - 15 -
1 or hourly wholesale price of electricity at the nearest 2 appropriate node that is part of the regional transmission 3 organization. 4 Section 5. This act shall take effect immediately. B22L66RLE/20070H1201B1989 - 16 -