RENEW’s Michael Vickerman Examines Utility Arguments Against Third Party Solar Arrangements

To: Clean Energy Choice Supporters
From: Michael Vickerman
Date:   July 10, 2013
Our grassroots campaign is beginning to catch the attention of utilities. Shortly after one county board passed a resolution in support of Clean Energy Choice, a utility representative contacted a board member and expressed his company’s dismay over the vote. This representative said that the reason utilities oppose Clean Energy Choice is that third party arrangements enable customers to use less utility-provided energy, which reduces revenues to utilities. The result is that the fixed costs associated with utility electric service are spread over a smaller rate base, which drives rates higher.
Let’s examine this argument in greater depth.
First, the argument can be applied with equal force to customer-owned self-generation. The impact from a rooftop solar electric system to utility revenues is the same no matter who owns the system.  If the solar system results in a 50% reduction in electricity consumed by the customer, that reduction is based on the amount of energy produced by the system relative to the amount of grid-supplied electricity consumed by that customer. The question of who owns the system is immaterial to that calculation.
Of course, the same argument could be levied against energy efficiency. If a retrofit of a building’s lighting system results in a 40% reduction in electricity usage, that reduction would be the same whether the new lights are owned by the building owner or by a third party service provider like Johnson Controls, which is in the business of saving customers money by reducing their consumption of energy. It’s interesting, though, that utilities are careful not to complain about energy efficiency’s impact on their rates, even though a kilowatt-hour (kWh) not consumed as a result of efficiency has the same effect on utility revenues as a kWh produced behind the meter and consumed on site. As with self-generation, the question of who owns the efficient lighting system does not affect the outcome.
Now, if the utilities figure out a way to overcome their basic hang-ups about solar energy, and resolve instead to provide solar-generated kWh to their customers who desire such a service, we wouldn’t be having this argument. There is nothing to prevent a utility from offering a voluntary solar service to customers. This service could be provided to any customer who wants their electricity to come from sunshine, including those who don’t have any access to sunshine on their premises and thus cannot host PV systems themselves. This is one group of potential solar customers that only the local utility can serve in a rate-regulated environment. Remember, a utility can place solar systems anywhere in its distribution system to serve individual customers who are willing to pay for such a service. But they have decided, at least for the time being, to remain fully committed to a fossil fueled future, to the point of obstructing customer efforts to supply themselves with solar energy. In so doing they are walking away from a golden opportunity to serve large subset of customers with solar energy that, due to shading or suboptimal roof orientation or lack of space, cannot be produced on their premises.  
It should be remembered that customers who reduce their consumption of fossil generated electricity through efficiency and on-site renewables furnish fellow utility customers the health and sustainability benefits of clean, non-CO2 producing electricity free of charge. The economic reward to system hosts from these pathways comes from bill savings, nothing more.  If the utilities are willing to engage in a serious discussion on a fair allocation of costs and benefits, they must acknowledge the need to incorporate adverse health and environmental impacts into the cost of electrical service, and not leave that particular tab to taxpayers.    
Summary: the question of system ownership is irrelevant to utility rate impacts.  Energy conservation and on-site generation have the exact same impact on rates. If on-site generation is undesirable from a ratepayer perspective, then so is energy conservation, if we extend the utility argument to its logical end point. And, lest we not forget, third-party contracts for renewable energy fill a void created by utility unwillingness to serve their own customers with clean resources that have demonstrated market appeal.
With each passing day, the battle lines between the solar community and utilities resistant to solar continue to sharpen, as evidenced by the four dispatches below.

Utilities Battle the Inevitable: Rooftop Solar

Beyond the Keystone Pipeline 

The Midwest Watches as Alliant Energy Corp. Attempts to Prevent Third Party Solar Installations in Dubuque, RENEW’s Michael Vickerman Comments

Worried over their ability to compete with solar energy installers like Dubuque-based Eagle Point Solar, Alliant Energy continues to throw legal roadblocks in the path of third party-owned solar. Wall Street Journal  reporter Ryan Tracy identifies the far reaching implications of the dispute with input from RENEW’s Michael Vickerman. 



By Ryan Tracy

Disputes over the use of small-scale solar power are flaring across the nation, with utilities squaring off against solar-energy marketers over rules for the growing technology.Until now, the fights have been mainly before state regulators. In California, Louisiana and Virginia, utilitieshave sought to cut what they claim are unfairly high payments they are required to make to owners of homes or larger buildings with solar systems. 

At issue in an Iowa lawsuit is whether solar-system marketers can sell electricity in territories where localutilities have exclusive rights to customers. Such an arrangement isn’t allowed or is under dispute in many states, limiting solar firms to sales of panels to homeowners and businesses. 

But if they win in Iowa, it could pave the way for fledgling solar industries to expand in other states. The case is being watched closely elsewhere in the Midwest, where policies granting utilities a monopoly on electricity service are one reason a solar-construction boom hasn’t occurred, unlike in states such as California and NewJersey. 

Utilities “are proponents of renewable energy,” said Barry Shear, president of Iowa’s Eagle Point Solar LLC, but only “if they own the energy assets and the electrons flow through their grid and they can bill you.” 

In March, an Iowa District Court judge said Mr. Shear’s 18-employee company could sign power-purchase contracts in the Dubuque territory of Alliant Energy Corp., one of the state’s largest utilities. Under the disputed deal, Eagle Point would own solar panels on the roof of a Dubuque municipal building and sell powerto the city at a rate similar to Alliant’s. 

The disputed Dubuque deal employed a “third party” ownership arrangement, in which a rooftop solar system is owned by someone other than the property owner. Solar deals using that structure are growing inpopularity — for both residential and commercial properties — because they allow building landlords or homeowners to tap into solar power without a significant upfront investment. 

Judge Carla T. Schemmel, overturning an Iowa Utilities Board decision, said Eagle Point could sell solarelectricity to the city without encroaching on a utility‘s lawful turf. She noted that the city would still need to buy electricity from Alliant when the sun isn’t shining. “Eagle Point is neither attempting to replace [the utilitynor] sever the link between [the utility] and the city,” she wrote. “It is simply allowing the city to decrease its demand for electricity from the grid.” 

Alliant says the ruling contradicts Iowa’s policy of not allowing competition for electricity service. “They were going to be selling energy to one of our customers,” said Kim King, manager of the renewable-energy program at Alliant, in an interview.The ruling was a defeat for Berkshire Hathaway Inc.’s MidAmerican Energy Co. unit as well. MidAmerican, another Iowa utility that had sided with Alliant in the case, told the judge in January that if the utilities lost, it could lead to “a proliferation of solar installation in the state.”Alliant and MidAmerican are appealing to the state Supreme Court. They say their problem isn’t with solarplants — each utility already connects to about 100 small-scale renewable-energy systems. Instead, they say they have a problem with the way the deal between Eagle Point and Dubuque was arranged. “This is not a dispute about solar energy. This is about a disagreement in the requirements under Iowa law,” said Tina Potthoff, a MidAmerican spokeswoman, in an email. 

MidAmerican said in May that it may be capable of generating about 39% of its electricity from wind farms by 2016, making it one of several utilities with large renewable-energy portfolios. 

But many of those same utilities have objected to policies they say are too friendly to small-scale renewable-energy generation. NextEra Energy Inc. says it generates more electricity from the wind and sun than any other U.S. company. But its Florida Power & Light unit opposes allowing solar-system marketers to sell electricity to the unit’s Florida customers. A spokesman for FP&L said the utility doesn’t oppose solar, but Florida law doesn’t allow “third party” sales. 

In Wisconsin, the question of whether solar-panel marketers can sell power in another utility‘s service territory is likely to be tested this year, said Michael Vickerman, program and policy director for Renew Wisconsin, a group that advocates use of solar power in that state. “If the utility objects, we may go down the same route that we saw in Iowa,” he said.


Will Wisconsin Ever Let the Sunshine In?

A commentary
by Michael Vickerman, Director, Policy and Programs, RENEW Wisconsin

Once
dismissed by electric utilities as a boutique energy resource, solar power has
become the go-to renewable resource for a wide variety of electricity
customers. From data centers to department stores, from airports to auto
dealerships, more and more customers around the country are tapping into this
clean and quiet energy source that shines on their rooftops every day.
Nationally,
solar energy’s growth has been nothing short of phenomenal. In the first
quarter of 2013, solar energy accounted for nearly half (49%) of the new
generating capacity built, elbowing out wind and natural gas as the fastest-growing
energy source in the United States. Declining installation costs coupled with
easier access to third-party owned systems account for solar’s rapid
advancement, especially in the residential sector. Even utilities in select
states have begun diversifying their resource mix with large solar arrays.
For-profit
businesses and homeowners in all 50 states can take advantage of the 30%
federal investment tax credit in place through 2016. However, not all 50 states
have flourishing solar markets. This is true even in states where electric
rates are high enough to tempt homeowners and businesses to supply themselves
with energy from the sun. Unfortunately, Wisconsin happens to be one of those
states with a languishing solar market, though it wasn’t always that way.  
Five years
ago, Wisconsin was a regional leader in encouraging customer investments in
rooftop solar. Early adopters then could avail themselves of special solar
buyback rates which most electric providers offered on a limited basis. For customers
of utilities that did not offer these higher rates, a fair and transparent net
metering service was available. The state’s Focus on Energy program contributed
significantly to solar’s early success with grants and incentives that
supported start-up installation contractors. In fact, that program instilled
them with confidence that Wisconsin was a solid place to do business.  
Fast forward
to today, and you see a very different market environment for solar energy
here.  Attractive buyback rates in
Wisconsin have become a distant memory. Some utilities have restructured their
net metering service to make self-generation substantially less appealing to
customers. And while state incentives for solar installations are still
available, the flow of dollars has been reduced to a modest trickle. Solar
contractors, like the rest of Wisconsin’s renewable energy business community,
cope with the hard times by pursuing work opportunities in neighboring states
like Iowa and Minnesota.
The
installed costs of solar today are about half of what they were in 2008, while
the price of utility-supplied electricity continues to move higher. Given the
fact that solar’s return on investment to customers has never been higher, the
attitudinal about-face we’re seeing is as inexplicable as it is
counterproductive.
While
Wisconsin raises the proverbial drawbridge to protect utilities from solar’s
advances, the state of Minnesota, in stark contrast, has rolled out the welcome
mat to this emerging industry. Just one month ago, Minnesota became the first
state in the Upper Midwest to establish a solar electric standard. By 2020, the
state’s largest utilities will need to source 1.5% of the electricity they sell
at retail from solar generation systems. 
Through the
same law, Minnesota strengthened its net metering policy, and required Xcel
Energy, the state’s largest utility, to provide a community solar service to
its customers. This innovative provision will enable Xcel customers who can’t
host a solar system on their premises to invest in a nearby installation and
receive a modest return through their monthly bills.  
What does
Minnesota hope to achieve by adopting such an aggressive solar energy policy?
The list of
objectives is long:
Ø  Promote manufacturing and contracting
opportunities for solar energy and “green” construction firms;
Ø  Expand employment opportunities
for the state’s work force;
Ø  Enhance the ability of business
and residential customers to manage their electricity costs;
Ø  Modernize the state’s electrical
infrastructure and diversify its resource mix;
Ø  Attract private investment
capital into its energy sector from both in-state and out-of-state sources;
Ø  Minimize exposure to fuel price
volatility, especially during on-peak hours;
Ø  Reduce greenhouse gas emissions
associated with electricity generation;
Ø  Reduce imports of fossil fuel;
and
Ø  Promote the state as a
destination location for clean–tech companies. 
Ironically,
the ingredients are now in place for an instructive side-by-side study on the
value of state policy in advancing solar energy, with Minnesota serving as the
test case and Wisconsin serving as the control. In terms of both solar resource
and utility regulatory structure, the two states are very similar to each
other.  And, with each state having about
14 megawatts of installed solar capacity, both share the same baseline from
which to measure progress.
Indeed, the
only significant difference going forward is state energy policy. In Minnesota,
solar is subject to a state mandate that is projected to increase current
capacity, in seven short years, by a factor of 30. In adjoining Wisconsin,
solar operates within a policy vacuum. 
This raises
the question, what do we gain from participating in an experiment in which
Minnesota reaps all the economic and environmental benefits from its solar
investments while we get to send more dollars out of state for fuel
to feed 40-year-old power plants?
The fact is
that Wisconsin cannot afford to stand idly by while Minnesota plugs itself squarely
into a dynamic industry segment and exerts a gravitational pull on private
investment and start-up companies in the region. It’s no secret that Wisconsin
has struggled to find its economic bearings in the wake of the Great Recession.
In contrast, clean energy has provided a great lift in other states that had
the foresight to sow the marketplace with some well-thought and welcoming
policy seeds.
In a popular
two-part Simpsons episode, the diabolical Montgomery Burns builds a
giant disc to block the sun’s rays from reaching Springfield, forcing city
residents to become even more reliant on the power plant he owns. Though
clearly cartoon satire, those of us who are 
watching the ongoing retreat from solar energy know that if Wisconsin
has any chance of capturing at least its proportional share of an industry that
yielded $11.5 billion in new projects in 2012, it has to ditch the Mr. Burns
act and begin designing a policy to let the sunshine in.

GTM Research and the Solar Energy Industries Association Identify Solar Energy as a Significant Component of all New Electric Capacity Installed in the U.S.

The GTM Research and Solar Energy Industries Association 2013 quarterly report on U.S. solar markets finds that solar energy installations account for 48 percent of all new electric capacity installed in the U.S. last quarter, the largest contribution for any given year in the industry. Rhone Resch, president and CEO of SEIA attributes this growth to long-term pro renewable energy policies. Read the press release below and the fact sheet released with the report.

WASHINGTON, D.C. AND BOSTON, MA — GTM Research and the Solar Energy Industries Association® (SEIA®) today release U.S. Solar Market Insight: 1st Quarter 2013, the definitive analysis of solar power markets in the U.S., with strategic state-specific data for 28 U.S. states and the District of Columbia.

 This quarter’s report finds that the U.S. installed 723 megawatts (MW) in Q1 2013, which accounted for over 48 percent of all new electric capacity installed in the U.S. last quarter. Overall, these installations represent the best first quarter of any given year for the industry. In addition, the residential and utility market segments registered first-quarter highs with 164 MW and 318 MW respectively.

As explored in greater detail in the report, the residential market remains a highlight for U.S. solar with 53 percent year-over-year growth. Unlike the non-residential and utility markets, residential solar has not exhibited seasonality and market volatility on a national basis; quarterly growth in the U.S. residential market has ranged from 4 percent to 21 percent in 12 of the past 13 quarters. 

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Minnesota’s new solar law: Looking beyond percentages

Great news out of Minnesota. To read more about the Solar Energy Jobs Act, see the full legislation or read Dan Haugen’s article at Midwest Energy News.

by Dan Haugen 

Minnesota Gov. Mark Dayton on Thursday signed into law an energy bill that’s projected to give the state a more than thirtyfold increase in solar generation by the end of the decade. 

The Solar Energy Jobs Act was rolled into a larger, omnibus economic development bill and approved by the state’s legislature last week. 

The section that’s drawn the most attention is a 1.5 percent by 2020 solar electricity standard for large utilities that is on top of the state’s existing 25 percent by 2025 renewable mandate.

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