NM City's Utility Charging Discriminatory Solar Fees: Lawsuit

Law360 (August 19, 2019, 6:33 PM EDT) -- Solar energy advocates sued a New Mexico city in federal court Friday, accusing its utility of imposing unlawful and discriminatory monthly fees on rooftop solar owners.

Several rooftop solar owners and advocacy group Vote Solar claim the fees charged by the Farmington Electric Utility Service to businesses and homeowners that have their own solar panels violate the Public Utility Regulatory Policies Act's prohibition on discriminating against qualified small-scale power producers. They launched the suit after the Federal Energy Regulatory Commission declined to pursue a PURPA enforcement case against the utility.

FERC's own regulations implementing PURPA prohibit utilities from charging unreasonable and...

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