D.C. Public Service Commission Approves Phased-In Doubling of Net Energy Metering Generation Cap

Aug 10, 2020

Reading Time : 3 min

Net metering, as described in the Order, “allows an owner of rooftop solar panels [or other eligible renewable energy system] to participate in the electric grid as a distributed energy producer. Solar panels first supply power to the home [or business], and at times when the [system] produces more power than the home [or business] is using the power is sent back onto the grid to be used by other customers. The meter ‘spins’ backwards, subtracting the power sent onto the grid from the total power used by the consumer. . . . [A]t the end of the month the consumer is charged only for net electricity used.”5 Previously, an eligible customer-generator in D.C. was allowed to “‘install generation that is forecast to provide no more than 100 percent of its annual historic use,’ which limits the amount a customer may receive or be credited for the excess generation exported to the grid.”6 Here, in connection with its PowerPath initiative, the PSC determined that “the generating threshold for net energy metering systems for individual behind-the-meter generators should be increased beyond 100 percent of the customer’s historical usage” to support and advance D.C.’s renewable energy goals.7 Phasing in the change over five years seeks to strike a balance between quickly modernizing the energy system in D.C. and protecting against adverse reliability, safety and cost impacts on the electric distribution system.8

Under the new scheme, “excess generation not used in a previous month will remain on the customer’s account as a rolling kWh credit amount. Any monthly excess generation, used to offset [that] month’s usage, will be calculated and credited to the customer at the full retail rate[, which includes the combined rate for generation, supply, and distribution]. Any total remaining excess kWh at the end of the [calendar year], will be compensated at the generation rate only.”9 Remainders over $25 will be refunded to the customer.10 To guard against adverse impacts that might arise from additional interconnections of larger behind-the-meter generation systems, the PSC also directed its “NEM Working Group to meet after July 1, 2021, to review and discuss the impacts of the 2020 and 2021 threshold increases in generation of customer-generators on the electric distribution system.”11 In addition, on or before October 1, 2021, and each October 1 thereafter, if Pepco “identifies a reliability, safety, or cost impact on the electric distribution system caused by the implementation of the [new] Generation Threshold Schedule,” it can request suspension of the increase in the following year.12 Absent such a request, the increase will take place automatically on January 1 each year.13


1 RM9-2020-03, In the Matter of 15 DCMR Chapter 9 – Net Energy Metering, Order No. 20387 (Aug. 6, 2020) (“Order”).

2 See 15 DCMR § 999 (defining “customer-generator” as “a residential or commercial customer that owns (or leases or contracts) and operates an electric generating facility that: (a) has a capacity of not more than 1000 kilowatts; (b) uses renewable resources, cogeneration, fuel cells, or microturbines; (c) is located on the customer’s premises; (d) is interconnected with the Electric Company’s transmission and distribution facilities; and (e) is intended primarily to offset all or part of the customer’s own electricity requirements.”).

3 Order at P 1.

4 See id. n.1.

5 Id. n.5.

6 Id. P 2 (footnote omitted).

7 Id. PP 2, 13.

8 See id. P 10.

9 Id. P 5.

10 Id.

11 Id. P 11.

12 See id. P 4. See also 15 DCMR § 901.2(b) (as amended).

13 See 15 DCMR § 901.2(b) (as amended).

Share This Insight

Previous Entries

Speaking Energy

October 9, 2025

On October 1, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued Order No. 914 amending certain Commission regulations to incorporate a conditional sunset date in compliance with the Trump administration’s April 2025 Executive Order, “Zero-Based Regulatory Budgeting to Unleash American Energy” (the EO).

...

Read More

Speaking Energy

October 8, 2025

Akin is pleased to serve as a gold sponsor for Infocast’s Energy Independence Summit in Houston, October 21-23. Energy partner Charlie Ofner will moderate the Macroeconomics of Domestic Energy Independence panel, projects & energy transition partner Shariff Barakat will lead Opportunities in US Manufacturing: How Big, How Fast, How FEOC?, and counsel Taha Qureshi will guide the discussion on Cornerstones for Energy Independence: Investing in Grid Security & Cybersecurity.

...

Read More

Speaking Energy

October 6, 2025

As of October 6, 2025, the Federal Energy Regulatory Commission (FERC) continues to operate despite the lapse in appropriations that resulted in a government shutdown on October 1, 2025. While FERC receives appropriations from Congress, it primarily is self-funded through fees and charges obtained from the industries it regulates, offsetting its total costs. Hence, during prior government shutdowns in 2018 and 2013, the agency was able to continue operations. However, FERC published a plan for operating in the event of a lapse in appropriations on September 30, 2025, available here

...

Read More

Speaking Energy

September 8, 2025

On September 4, 2025, the Senate Energy and Natural Resources Committee convened a hearing to consider the nominations of Laura Swett and David LaCerte to serve as commissioners at the Federal Energy Regulatory Commission (FERC or Commission). Swett is a former FERC Staff that served as legal and policy advisor to former FERC Chairman Kevin McIntyre and Commission Bernard McNamee. LaCerte is an attorney in private practice that previously held positions at the Chemical Safety and Hazard Investigation Board and the Louisiana Department of Veterans Affairs.

...

Read More

Speaking Energy

September 9, 2025

On August 29, 2025, Christopher Wright, the Secretary of the U.S. Department of Energy (DOE) submitted a proposal to the Federal Energy Regulatory Commission (FERC) under section 403 of the Department of Energy Organization Act (DOE Organization Act), asking that FERC terminate its long-running proceeding in Docket No. PL18-1, which addresses proposed updates to its policy statement on the Certification of New Interstate Natural Gas Facilities. The docket resulted in a draft policy statement that has never been finalized, nor relied upon by FERC in a published order, but would require FERC to consider environmental impacts and potential mitigation prior to making a public interest determination under the Natural Gas Act (NGA). The Secretary asks FERC to rescind the draft policy statement in its entirety to remove any uncertainty in gas infrastructure development. Rescission would require FERC to initiate a new docket and develop a new record should it want to reinitiate similar policy changes in the future.

...

Read More

Speaking Energy

August 15, 2025

On August 8, 2025, the Federal Energy Regulatory Commission (FERC) issued an enforcement order in Skye MS, LLC (Skye) and levied a $45,000 civil penalty on an intrastate pipeline operator in Mississippi, resolving an investigation into the operator’s violations of section 311 (Section 311) of the Natural Gas Policy Act (NGPA). FERC faulted the operator for providing a Section 311 transportation service without timely filing a Statement of Operating Conditions (SOC) and obtaining FERC’s approval for the transportation rates. Section 311 permits intrastate pipelines to transport interstate gas “on behalf of” interstate pipelines without becoming subject to FERC’s more extensive Natural Gas Act (NGA) jurisdiction, but requires the intrastate pipeline to have an SOC stating the rates and terms and conditions of service on file with FERC within 30 days of providing the interstate service. Under the NGPA, Section 311 rates must be “fair and equitable” and approved by FERC. In Skye, FERC stated that the operator began providing Section 311 service on certain pipeline segments in Mississippi in May 2023, following their acquisition from another Section 311 operator, but did not file an SOC with FERC until April 2025. The order ties the penalty to the approximately two-year delay between commencement of the Section 311 service and the SOC filing date. The pipeline operator was also ordered to provide an annual compliance report and to abide by additional verification requirements related to the filing of its FERC Form No. 549D, the Quarterly Transportation & Storage Report for Intrastate Natural Gas and Hinshaw Pipelines.

...

Read More

Speaking Energy

August 6, 2025

In Sierra Club v. FERC, No. 24-1199 (D.C. Cir. Aug. 1, 2025), the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) upheld the Federal Energy Regulatory Commission’s (FERC) approval of a 1,000-foot natural gas pipeline segment crossing the United States-Mexico border (the Border Pipeline) under section 3 of the Natural Gas Act (NGA), rejecting environmental groups’ challenges that FERC improperly limited its analysis under both the NGA and the National Environmental Policy Act (NEPA), as related to a 155-mile intrastate “Connector Pipeline” constructed upstream of the Border Pipeline in Texas.

...

Read More

Speaking Energy

July 17, 2025

On July 15, 2025, the Federal Energy Regulatory Commission (FERC or Commission) issued an order1 proposing to eliminate the soft price cap of $1,000 per megawatt-hour (MWh) for bilateral spot sales in the Western Electricity Coordinating Council (WECC) that was implemented following the California energy crisis. If adopted, the Commission’s proposal would eliminate the requirement that sellers make a filing with FERC cost justifying spot market sales in excess of the soft price cap, which have become increasingly common in recent years as market conditions have continued to tighten throughout the West. Eliminating the WECC soft price cap would provide sellers that make sales during periods when prices exceed the cap greater certainty that their sales will not be second guessed after the fact.

...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.