Law360 Publishes Porter Wiseman Article on Net Metering Challenge

Akin Gump senior counsel Porter Wiseman has written the article “Net Metering Challenge Could Harm Small-Scale Solar Power,” which was published by Law360.

The article discusses a petition filed by the New England Ratepayers Association (NERA) for declaratory order asking the Federal Energy Regulatory Commission (FERC) to reverse its policy on net metering. Wiseman writes that FERC disclaimed jurisdiction over net metering transactions in 2001, subsequently reaffirming that disclaimer in 2009. Net metering, she says, “is therefore regulated at the state level, and the majority of states have developed net metering programs to encourage retail customers to install onsite generation, such as rooftop solar.”

Wiseman writes, while a finding in favor of NERA is likely “to slow the expansion of small-scale solar,” it may also lead to “significant ripple effects if FERC makes its decision retroactive.”

To read the article in its entirety, please click here.