Although NERA claims to represent New England ratepayers, the group does not disclose its members or funding sources; it is unclear how the outcome of this petition would affect NERA’s constituents, and some argue this lack of transparency is reason enough for FERC to dismiss it. In a recent letter, members of Congress urged FERC to require more transparency from NERA:

“It is also unclear based on public information whether this group actually represents any New England interests – consumer or corporate – and if it does, it is unclear why a group that advocates for ratepayers in New England is asking FERC for a sweeping order preempting net metering nationwide. NERA should disclose its membership to FERC, so parties can understand who is asking for these important changes that will affect the 45 states with net metering laws in place.”

This petition is a clear attempt by anti-renewable interests to end Net Metering, a policy that has been wildly successful in advancing the deployment of solar in many states. Vote Solar has compiled a helpful brief on the petition, found here. In summary, the petition does the following:

• Demands that FERC declare federal jurisdiction over net metering programs that states have voluntarily adopted.

• Seeks to overturn previous decisions by FERC in which net metering programs were found to be retail transactions between utilities and customers, subject to state jurisdiction.
• Fundamentally mischaracterizes net metering.
• Is an attempt by NERA to end net metering as we know it.

If NERA is successful with its petition, it could result in the following:

• Net metering customers would receive a wholesale rate for the energy they export to the grid, which is often a fraction of the retail rate that many customers currently receive.
• Pre-existing state net metering programs could be invalidated, not grandfathered.
• Remote net metering and community solar programs could be invalidated.
• A number of additional consequences for states and utility commissions.

Should FERC delay dismissing this petition, lingering uncertainty will slow private investment into distributed renewables and disrupt one of the fastest growing industries in the nation during a period of recovery from a pandemic and an economic slump. A prompt dismissal of the petition will uphold precedent, preserve state authority over net metering programs, and protect the investments of 2.3 million net metered customers in the US.