Arkansas Public Service Commission Requests Dismissal of Investigation into Net Metering Cost Shifting

Strategic Insights -

The Arkansas Public Service Commission has issued a motion to dismiss an ongoing investigation into potential cost shifting associated with net metering, citing the passage of the Cost-Shifting Prevention Act of 2023. This act, signed into law in March 2023, makes fundamental changes to net-metering law in Arkansas and provides new statutory parameters for the Commission to address net metering. The investigation, initiated in September 2022, aimed to gather information and data on potential cost shifting resulting from the net-metering paradigm established under the Arkansas Renewable Development Act of 2001.

Key Takeaways:

  • The Arkansas Public Service Commission has filed a motion to dismiss an ongoing investigation into potential cost shifting associated with net metering, citing the passage of the Cost-Shifting Prevention Act of 2023.
  • The Cost-Shifting Prevention Act of 2023, enacted in March 2023, makes fundamental changes to net-metering law in Arkansas and provides new statutory parameters for the Commission to address net metering.
  • The investigation, initiated in September 2022, aimed to gather information and data on potential cost shifting resulting from the net-metering paradigm established under the Arkansas Renewable Development Act of 2001.
  • The Commission has received data from utilities and held public hearings to assess the extent and significance of asserted cost shifting.
  • The Arkansas General Assembly has determined that a cost shift existed under the Arkansas Renewable Development Act of 2001, consistent with substantial evidence submitted in this docket and companion proceedings.
  • The Joint Movants, including Arkansas Electric Cooperative Corporation, Entergy Arkansas, LLC, Southwestern Electric Power Company, and Oklahoma Gas and Electric Company, respectfully request dismissal of this investigation.

Statistics:

  • The investigation into potential cost shifting associated with net metering was initiated on September 22, 2022.
  • The Arkansas General Assembly enacted the Cost-Shifting Prevention Act of 2023 on March 13, 2023.
  • The Cost-Shifting Prevention Act of 2023 includes an Emergency Clause, providing immediate effect upon being signed into law.
  • The Arkansas Public Service Commission has received data from utilities on potential cost shifting resulting from the net-metering paradigm established under the Arkansas Renewable Development Act of 2001.

Sources:

  • Arkansas Public Service Commission, "MOTION TO DISMISS IN LIGHT OF THE COST-SHIFTING PREVENTION ACT OF 2023," Docket No. 22-061-U, April 7, 2023.
  • Arkansas General Assembly, "Act 278 of 2023: The Cost-Shifting Prevention Act of 2023," March 13, 2023.
  • Arkansas Public Service Commission, "Order No. 1 in APSC Docket No. 22-061-U," September 22, 2022.
  • Arkansas Public Service Commission, "Order No. 2 in APSC Docket No. 22-119-U," March 13, 2023.