PROTEST OF THE STATES Pursuant to Rule 211 of the Commission’s Rules of Practice and Procedure, 18 C.F.R. ¶ 385.211, Maura Healey, the Attorney General of the Commonwealth of Massachusetts, together with the state attorneys general of California, Connecticut, Delaware, the District of Columbia, Illinois, Maryland, Michigan, Minnesota, New Mexico, New York, North Carolina, Oregon, Rhode Island, Washington, and Wisconsin, the California Energy Commission, the California Public Utilities Commission, and the Rhode Island Division of Public Utilities and Carriers (the States) respectfully submit the following protest, with attachments, of the New England Ratepayers Association’s (NERA) Petition for Declaratory Order, filed on April 14, 2020 in this proceeding (Petition). The Commission may issue a declaratory order to terminate a controversy or remove uncertainty under Section 554(e) of the Administrative Procedure Act, 5 U.S.C. § 554(e) (APA), and Rule 207 of the Commission’s Rules of Practice and Procedure, 18 C.F.R. ¶ 385.207(a)(2). Here, no controversy or uncertainty exists, and the Commission must deny the Petition to avoid an arbitrary and capricious result. The States urge the Commission to reject NERA’s request to overturn nearly two decades of precedent, under which the Commission has consistently found that the retail billing practice of net metering is not a “sale of electric energy at wholesale in interstate commerce” under the Federal Power Act, 16 U.S.C. § 791a et seq. (FPA). 16 U.S.C. § 824(b)(1).

Posted by MalikaDulce at 2020-09-29 04:12:39 UTC