Maine’s War On Solar Continues As Supreme Court Rejects Net Metering Appeal

By Frank Andorka, Senior Correspondent

From an outsider’s perspective, it sure looks like Gov. Paul LePage of Maine is winning his longstanding war on solar.

Armed with zombie lies about cost shifts and allowing utilities to run amok with special burdens on solar users, LePage has fought for at least three years to strangle the solar industry in his state, vetoing three different pieces of legislation that would have helped set the Maine solar industry on more solid footing.

Now the Supreme Court has gotten into the act, saying solar advocates’ attempts to challenge current net metering policy to the state’s highest court was improper and sending the case to a lower court. Current net metering reduces compensation rates over time and only grandfathers current solar installations at full retail net metering for 15 years.

Critics say 15 years isn’t long enough to receive full payback on the system, to which LePage and his allies scoff, point and laugh. The Supreme Court, on the other hand, said, “Go away kids, you’re bothering us.”

The case will now be handled by a lower Superior Court.

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The crux of the issue in the case is best laid out in the Portland Press Herald:

During those arguments, the justices were already questioning whether it was appropriate for the state’s top court to handle the case. Under Maine law, challenges to PUC rules typically go before Superior Court judges first, but the law foundation appealed directly to the Supreme Judicial Court. The foundation had argued the rule was actually a rate change, which can be appealed directly to the higher-level court.

The justices ultimately dismissed the foundation’s appeal of the rule. In her written opinion, Chief Justice Leigh Saufley said the foundation is required to take its case to a Superior Court before it can come before the Supreme Judicial Court.

The case isn’t over yet, but it does look like it’s going to be a long slog for solar advocates in the state, especially in the face of such overwhelming opposition from the governor’s mansion. It’s worth paying attention to and supporting our solar sisters and brothers in the state as they continue the largely thankless job of advocating for solar in such a state. Godspeed to all of you.

More:

Maine’s top court says appeal of changes to solar incentives must go to lower court

Zombie Lie Moves Into The Tennessee Valley, Results In Unnecessary Fee

By Frank Andorka, Senior Correspondent

What Happened:The Tennessee Valley Authority (TVA), in an action that seems antithetical to its entire mission, imposed a grid-access fee on its customers, aimed specifically at solar users because of the zombie lie of the cost-shift.

  • For a utility whose whole existence is owed to the idea that poor, rural people deserve low-cost electricity, the TVA’s grid-access fee seems to be the height of hypocrisy.
  • The TVA servers around 9 million people across seven states.
  • zombie lie

    The TVA USED to be about electricity for all. Now it’s about “electricity, but we’re going to charge you a random grid-access fee for it.”

    SolarWakeup’s View:  This flippin’ zombie lie is back again, this week popping its head up from the depths of hell in the Tennessee Valley.

    The Tennessee Valley Authority (TVA), for those who don’t know, was established as part of President Franklin Roosevelt’s New Deal program, in part to bring electricity to rural areas of seven states. These areas weren’t served before because it was considered too expensive for traditional utilities to string wires to many of these areas off the beaten path.

    It revolutionized the United States and gave rise the New South. But now, the TVA is relying on the zombie lie of the “cost shift” to penalize anyone on their grid that wants to install solar with a usurious “grid-access fee.”

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    TVA President Bill Johnson gave away the game when he started talking about how “more able” people are able to afford self-generation technologies like solar. As the Chattanooga Times Free Press quotes Johnson:

    “Some consumers, particularly the more able ones, can invest some solar panels or other resources, but they still rely on the valley-wide transmission system for backup power,” Johnson said. “The result is how we bill for electricity can be out of sync with the actual costs of getting electricity to some consumers.”

    How many times do we have to kill this damn lie about how solar consumers supposedly “shift” costs on to non-solar users? (Forever, Frank, you idiot – that’s the whole point of zombies…..)

    The argument goes like this: Retail-rate net metering, a program under which solar customers are reimbursed for the excess electricity they produce, pushes extra costs on to non-solar customers because solar customers aren’t paying for grid upkeep.

    What the utilities don’t want you to notice, of course, is that solar customers also relieve congestion on the grid during peak production times, which saves strain on the transmission and distribution lines. So while they may not be paying for upkeep directly, solar production saves wear and tear, which ultimately saves the utility money in the form of repair costs.

    You’re welcome.

    I should note here that while there is a minor cost-shift, a study by the Lawrence Berkeley National Laboratory indicates the shift only happens when a state passes the 10% mark for solar-electricity generation. And I should also note that even at more than 10%, the shift is so small you’d need the Berkeley Lab’s $27 million electron microscope to see it.

    As it always is, this maneuver is nothing more than a power and money grab by a rapacious utility – and it looks like the zombie lie going to succeed (again) in eating into the savings solar consumers should have from installing their systems.

    More:

    TVA adopting grid access fee in move to impose more fixed costs on power bills