CALIFORNIA residents.Please take a minute to make a public comment on NEM3.0 proposal

[RichardCullip]

The terms of any contract are what determine if there has been a breach. Years ago I learned that the big print giveth and the fine print taketh away. I also know that the Investor Owned Utilities employe some law firms that know how to write contracts to give the IOUs flexibility.
Can you tell us the exact terms that will be breached if this Sucessor Tariff goes into effect?
Have you read the contract? I have, and there is no language in my NEM agreement that guarantees me much of anything.

On Sheet 3 of my NEM-ST agreement with SDG&E

Eligible customer-generators that elect to receive service under this schedule shall be permitted to remain on this schedule, as it existed on the date the eligible customer-generator’s complete interconnection application, including the final building inspection, was received by SDG&E, for 20 years from the original year of interconnection of its REGF. The original year of interconnection is indicated by and measured from the date on the written Authorization to Operate in Parallel (“ATO”) notice issued by SDG&E.

[Ampster]

On Sheet 3 of my NEM-ST agreement with SDGE.....

You may have a case if the new tariff is approved. We have not heard from Reid1boys

In my NEM agreement with PGE it refers to Electric Schedule NEM2 which gives them more flexibility than the way it is spelled out specifically in your contract. In reading the contract in more detail it gives me the right to cancel the agreement with 30 days notice which I am assuming I could do to avoid the $8 per kiloWatt charges. That would be my strategy in 14 years if this is implemented as noted below.

I don't plan on a lawsuit to solve my eroding benefits. My strategy, if it impacts me in 14 years is to be self sufficient with behind the meter equipment. I already have enough batteries to be self sufficient except for EV charging which with a nearby Supercharger gives me some choices based on the most favorable rate. It is still cost effective for me to charge my EVs at off peak rates at home.

[J.P.M.]

On Sheet 3 of my NEM-ST agreement with SDG&E

Eligible customer-generators that elect to receive service under this schedule shall be permitted to remain on this schedule, as it existed on the date the eligible customer-generator’s complete interconnection application, including the final building inspection, was received by SDG&E, for 20 years from the original year of interconnection of its REGF. The original year of interconnection is indicated by and measured from the date on the written Authorization to Operate in Parallel (“ATO”) notice issued by SDG&E.

That's the same portion of the statue cited in the CPUC ruling that rejected most of the last and prior attempts at paring NEM, only that time it was from 20 down to 10 years. That paragraph is in all NEM agreements, at least those whit SDG & E.

That prior attempt also tried to get rid of tiered rates for NEM 1.0 users and mandate T.O.U. tariffs for all including NEM 1.0 users who choose to stay on tiered rates like me. It's a slow ginding down by the POCOs. The process has been going on since NEM 1.0 was enacted, and probably longer as a matter of general, if unwritten, policy.

The game looks to me to be that the rate case proposals shoot for the moon and get a little each time. That's just how the game is run. This latest cause for panic rate case proposal is no different than the prior cases in that respect. As I wrote, NEM's days are numbered, but it'll take a while longer. My money's on a little nibble off NEM with each rate case proposal. Keep an eye on the jockeying and political chicanery to see what finially gets approved by the CPUC this time around.

[Reid1boys]

You may have a case if the new tariff is approved. We have not heard from Reid1boys

well here is the entirety of our NEM agreement. We have pretty good rates compared to PG&E. We have no TOU rates. We have Summer and Winter rates with peak and non peak with is only different by 2 cents if I remember correctly. They will, no doubt be sued if they change the terms of this NEM1.0 agreement. Here it is:

Net Metering 1.0 Schedule
Page 1 of 1
Effective January 1, 2017.
Cancels Schedule Net Metering, dated January 1, 2015.

Applicability
The Net Metering option is applicable to all customers who own and operate a solar or a wind turbine electrical generating facility, or a hybrid system of both, with a capacity of not more than 1 MW. The facility must be located on the customer’s owned, leased, or rented premises, operate in parallel with the District’s transmission and distribution facilities, and must be intended primarily to offset part or all of the customer’s own electrical requirements (see Rule 21). Application for this option is on a first-come, first-served basis and is limited to five percent (5%) of the District’s total system peak load. The District has reached the cap, this Net Metering Schedule is closed to new customers. The customer must sign the appropriate District Interconnection Agreement and Net Metering Agreement.

Metering Equipment
The District will pay for and install, at no cost to the customer, a single meter capable of registering the flow of electricity in both directions, or equivalent metering equipment. If the customer desires more detailed metering equipment, the customer will incur all associated costs. The District reserves the right to install additional metering at the District’s own expense.
The producer will bear all costs of the metering required by Rule 21, including the incremental costs of operating and maintaining the metering equipment. The District will provide and install a self-contained meter for NGOM metering for NEM accounts.
Settlement Period
The District will bill the customer at the end of each 12-month period following the anniversary date of final interconnection of the customer’s generator with the District system. The bill will be calculated based on net energy consumed or produced during the prior 12-month period valued at the price in effect for each month during that 12-month period.

Billing
The District will provide the customer a monthly accounting showing, among other things, the current net electricity consumption, and the current monetary balance owed since the end of the previous 12-month billing period. The net kilowatt-hours in the billing cycle shall be carried over to the following monthly period as a monetary value.
The customer is responsible for all charges from the otherwise-applicable Rate Schedule including monthly customer charge, state surcharge, and city tax. For commercial, industrial, and agricultural customer-generators, the net balance of moneys owed shall be paid in accordance with the customer’s otherwise-applicable Rate Schedule. Residential and Small Commercial customers may, at the request of the customer, pay on a monthly basis.
If the eligible customer is a net energy consumer, as stated herein, the customer will be billed in accordance with the customer’s otherwise-applicable Rate Schedule.
If the eligible customer is a net energy producer, except as otherwise stated in the section below, the District shall retain any excess kilowatt-hours and shall not owe the customer compensation for those excess kilowatt-hours.

Annual Net Surplus Generation Compensation
If the eligible customer is a net energy producer, the District shall calculate the amount of net surplus generation over the 12 month period and, at the customer’s election, either provide a monetary credit for net surplus generation to be paid out to the customer or apply the credit to the customer’s account. Monetary value for each net surplus generated kilowatt hour shall be based on the District’s avoided cost and green energy premium. Any renewable energy credit associated with net surplus electricity purchased by the District shall belong to the District.
Net Surplus Rate .................................................. .......... $0.0567

Term HERE IS THE MOST IMPORTANT PART
Customers may remain on this Schedule from the date of final interconnection of the customer’s generator with the District system until the last day of the twentieth (20th) year following the date of final interconnection (the “Service Term”). At the end of the Service Term, the customer may elect to take service under any then-existing NEM Schedule or other similar program, so long as applicable eligibility requirements are met. A customer on this Schedule may elect to move to an applicable successor NEM Schedule or other similar program for which the customer is otherwise eligible prior to the expiration of the Service Term, however, the customer may not later move back to this Schedule.
Termination
If a customer terminates service with the District, the District will reconcile the customer’s consumption and production of energy during the period between termination, and the later of (i) the end of the last 12-month billing period and (ii) the last reconciliation.


My Words from here:
The key in the terms is that any decision to leave NEM1.0 is at the discretion of the customer. Keep in mind, if they try to lesson the length from 20 to 15 years, those 5 years lost will be the absolute most valuable years to any NEM1.0 customer. There is little doubt the rates will be highest during those years, thus saving me the most money. I figure that to be close to $25,000 dollars based upon the production of my system each year, times 5 years, times an approximate 30 cents per KwH. IN other paperwork I have I can also increase the size of my system by 10% based upon my electrical use. I can see us getting an electric car in the next 5 years and I would definitely add that 10% of my 10.4Kw system to power that car, saving me even more money. So yea, I will definitely be trying to get a class action case going if they change this agreement on their own. I dont think Ill need to doit, Im sure it will likely be done the day that decision comes out.

[Reid1boys]

The terms of any contract are what determine if there has been a breach. Years ago I learned that the big print giveth and the fine print taketh away. I also know that the Investor Owned Utilities employe some law firms that know how to write contracts to give the IOUs flexibility.
Can you tell us the exact terms that will be breached if this Successor Tariff goes into effect?
Have you read the contract? I have, and there is no language in my NEM agreement that guarantees me much of anything.

I posted the agreement. The NEM agreement is pretty clear. I can stay on NEM 1.0 for TWENTY years from the date my system goes live. Nothing ambiguous about those written words.

[Ampster]

I posted the agreement. The NEM agreement is pretty clear. I can stay on NEM 1.0 for TWENTY years from the date my system goes live. Nothing ambiguous about those written words.

So you will have until 2037. Therefore you don't have anything to complain about? Ironically 15 years from when this could go into affect in 2022 is 15 years. Do you have a strategy for what happens in 2037?

[Reid1boys]

So you will have until 2037. Therefore you don't have anything to complain about? Ironically 15 years from when this could go into affect in 2022 is 15 years. Do you have a strategy for what happens in 2037?

NEM3.0 proposes that the 15 year clock starts from your connect date, not from when NEM3.0 goes into effect. My original agreement would take me to 2037 as you stated. If NEM 3.0 is approved as proposed, my NEM 1.0 agreement would end in 2032. When my NEM1.0 agreement ends, I will look at what are the best options for me at that time. I would like to see every residence pay the exact same fee for grid maintenance. THEN you pay based upon how much electricity you actually use from the grid. By 2037, my guess is battery use will be fairly common and most houses will be self sufficient.

[J.P.M.]

Reid1boys:

A question: Who is your servive provider ?

[Reid1boys]

Reid1boys:

A question: Who is your servive provider ?

Modesto Irrigation District

[Ampster]

Modesto Irrigation District

Modesto Irrigation District is considered a Municipal Utility and as such is not regulated by the CPUC and not affected by the Successor Tariff. Do you have information to the contrary?

https://www.mid.org/about/default.html

[J.P.M.]

Modesto Irrigation District

Thank you for that essential piece of information.

Ampster beat me to the punch in response, but I figured from what you were writing and how you were writing it that your POCO was not one of the I.O.U.s that are regulated by the CPUC's NEM tariffs and rules, but you didn't know that and so you went ballistic.

So, I'd suggest you put your mind at rest and hold your keyboard responses so you don't keep making a fool of yourself.
Not only do you not know that what we're talking about here is only a proposal - not law - and very similar to what's happened in the past, but you are clueless that any of it affects your POCO.

Get a clue.

[Reid1boys]

Thank you for that essential piece of information.

Ampster beat me to the punch in response, but I figured from what you were writing and how you were writing it that your POCO was not one of the I.O.U.s that are regulated by the CPUC's NEM tariffs and rules, but you didn't know that and so you went ballistic.

So, I'd suggest you put your mind at rest and hold your keyboard responses so you don't keep making a fool of yourself.
Not only do you not know that what we're talking about here is only a proposal - not law - and very similar to what's happened in the past, but you are clueless that any of it affects your POCO.

Get a clue.

So why did MID switch to NEM 2.0 exactly as the other electric companies did? At the exact same time as the others did? You think nem 3.0 is implemented and MID will stay with NEM 2.0? I am very aware that NEM3.0 is a proposal.. a proposal that is being pushed by the CPUC.

[J.P.M.]

So why did MID switch to NEM 2.0 exactly as the other electric companies did? At the exact same time as the others did?

1.) Because they can. They are not bound by CPUC rules and policies with respect to NEM. They can pick and choose to follow or ignore what the CPUC does with NEM. I suppose they could make NEM valid in perpetuity if they chose.
2.) It may well often make financial sense for a non I.O.U. to follow CPUC rulings as long as such rulings make sense, either in financial, political or other ways to a non CPUC rgulated POCO. Al;so, doing so also allows some cover and B.S. justification of changes to people such as you that don't know CPUC NEM rules only apply to the I.O.U.'s.
3.) There may be other reasons why, or why not, or how a particualar POCO sets its NEM policies when they are not under CPUC jurisdiction for NEM policy. My guess is it's probably easier for such POCOs to model what they do on CPUC NEM policy when it benefits them for reasons I'm mostly ignorant about.

Anyway, looks like you're in for 20 years from PTO unless your POCO changes its mind, at least as the game is currently run, or unless you do something that your POCO's rules would allow them to terminate your agreement with them before that time.

[Ampster]

The good news is if MID does change their mind and screw Reid1boys it will be a shorter drive to serve them with the lawsuit he suggested he would do.

[Reid1boys]

The good news is if MID does change their mind and screw Reid1boys it will be a shorter drive to serve them with the lawsuit he suggested he would do.

mock all you want. Do you seriously think if they change the rules that there will be no lawsuits to follow? Didn't Nev. do the same? What was the result of that action? IN any Freshman law class on Contracts it is spelled out what makes a contract. If you dont think that Nem "Agreement," I posted above isn't a contract in ever sense of the word, I think you are very mistaken. You can actually break a contract such as a rental agreement with zero penalty in some cases. This is not one of those times they could break the contract with no penalties, because damages would be easy to show.

Lets wait and see what happens.