In its recent Order implementing Act 40 on out-of-state solar photovoltaic credits, the Commission interpreted the legislation so as to only permit out of state facilities that were before October 30, 2017, (a) already certified as an AEPS Tier I Solar Photovoltaic system and that (b) have entered into a contract with a Pennsylvania EDC or EGS serving Pennsylvania customers, for the sale of solar credits, to maintain certification until the expiration of the contract. The Commission also clarified that the certification only will apply to the amount of credits contractually committed to the EDC or EGS.

This week, the Commission issued procedural information as to how EGSs or EDCs seeking to qualify such credits should do so through the filing of a petition. The Commission stated that the petition, at a minimum, should include:

"• Complete and unredacted copies of all contracts, and amendment(s) thereto supporting the claim for approval of AECs to be used by the EDC or EGS to meet its Tier I solar PV share requirements of the AEPS Act.
• Documentation that the out-of-state solar PV facilities were certified as an AEPS Act Tier I solar PV resource before October 30, 2017.
• Documentation that the EDC or EGS entered into a contract prior to October 30, 2017, for the purchase of AECs.
• Documentation of the expiration date of the contracts.
• Documentation of the number of AECs being purchased by the EDC or EGS.
• Verification pursuant to 52 Pa. Code § 1.36."

EGSs and EDCs seeking to qualify credits were originally required to file a petition within sixty days of July 2, 2018. However, because the Commission granted reconsideration of its Act 40 Order pending review on the merits, that date has been stayed.

"The Commission is cognizant that we directed Electric Distribution Companies and Electric Generation Suppliers seeking to qualify credits under Section 280(2)(ii) of the Administrative Code, 71 P.S. § 714(2)(ii), to file a petition with the Commission within 60 days from the entry date of the Implementation Order. As the Commission is considering the merits of the instant petition for clarification and/or reconsideration the 60-day period to file a petition seeking qualification of credits under Section 2804(2)(ii) will be stayed pending review of and consideration on the merits of the instant petition."

The full texts of the Act 40 Orders are available on the NEM Website.