Coalition of 28 organizations files brief in support of continuing net metering in Puerto Rico – pv shops USA

November 1, 2024
Anne Fischer

A coalition of 28 organizations, including top U.S. and Puerto Rico nonprofits, solar and battery companies, filed a lawsuit in federal court to oppose the change in Puerto Rico’s net metering policy.

The Puerto Rico Financial Oversight and Management Board (FOMB) has launched a legal challenge to Act 10, a law that extends Puerto Rico’s net metering program through 2030. The coalition argues in its Friend of the Court (Amicus) brief that the policy it was legal. enacted and if changed would threaten the island’s progress in solar energy and resilience.

Puerto Rico has increased its renewable generation to 12 percent from 4 percent three years ago, said PJ Wilson, president of the Puerto Rico Solar and Energy Storage Association (SESA-PR), and could reach 18% to 20% next year, compared to the 40% goal set by Puerto Rico law. The territory will account for 10 percent of the entire U.S. residential solar market in 2028, according to Chris Collins, founder of Ohm Analytics.

The main success of Puerto Rico’s future with residential solar energy is net metering law, Law 10-2024which extended the territory’s net metering policy for solar power through 2031. Signed into law in January, Act 10 passed unanimously in Puerto Rico’s House and Senate and was not opposed by the island’s regulatory authority. The coalition claims the law was passed legally.

Net metering, originally created by law in Puerto Rico in 2007, has been a lifeline for communities plagued by years of power outages.

“10% of homes in Puerto Rico now have solar with battery backup thanks to the net metering policy,” explained PJ Wilson, Executive Director of the Puerto Rico Solar and Energy Storage Association (SESA). “We’re fighting for the ability of the other 90% to be able to too.”

FOMB said in a letter that the fiscal plan it certified for PREPA requires the Puerto Rico Energy Office to determine whether to make changes to the net metering system. Because the energy bureau has yet to do so, FOMB said Act 10 is “directly inconsistent” with the PREPA tax plan. The FOMB included in the letter its resolution directing the Puerto Rico legislature and governor to repeal Act 10 or amend it “in a manner consistent with the fiscal plans.”

The brief filed by the coalition supports the defensive positions taken in court by the defendant, Governor Pierluisi, and the President of the Senate of Puerto Rico. It explains that FOMB’s opposition to solar energy does not take into account the unanimous votes for Act 10 in all five political parties in the Puerto Rico legislature.

In a May 2024 letter from 21 members of the US Congress, asking the FOMB to drop its damaging attack on solar energy. A coalition of national and Puerto Rican nonprofits also asked the White House for help.

“Net metering is more than a policy; it is a path of hope for Puerto Ricans who face frequent outages and high energy costs,” said Javier Rúa Jovet, Director of Public Policy for SESA. “This coalition is standing up to defend net metering because Puerto Rico deserves a clean and reliable energy future that FOMB’s actions seek to undermine.”

Abigail Ross-Hopper, president and CEO of the Solar Energy Industries Association (SEIA), one of the signatories to the Amicus brief, said “smart policies like net metering really anchor the widespread adoption of solar, and in Puerto Rico, that translates into reliable and resilient energy”.

“The recent net metering challenge in Puerto Rico is problematic because it simply makes it more difficult for residents to generate their own energy and save money on their monthly bills. As Puerto Rico works toward their goal of achieving 100 percent renewable energy while building a resilient and reliable energy system, it is critical that we fight to protect net metering on the island,” said Hopper.

The Amicus Brief was signed by the following organizations: Acadia Center, Astrawatt Solar, Bright Ops, Bright Panel, Carpe Diem Developers PR, EarthSpark International, EDPR NR DG, Elders Climate Action, Enphase Energy Inc, FranklinWH, Freedom Forever, GRID Alternatives , IREC, PR Mechanical Contractors Association, Para la Naturaleza, Power Solar, Pytes, SMA, Sol-Ark, Solar and Energy Storage Association (SESA), Solar Energy Industries Association (SEIA), SolarEdge Technologies Inc, Sunnova and Teksol Integration Group, Inc.

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