Solar Energy Industries Association Supports NV Energy's Waiver Request Before Federal Energy Regulatory Commission

Strategic Insights -

The Solar Energy Industries Association ("SEIA") and the Interwest Energy Alliance ("Interwest") have submitted comments in support of NV Energy's one-time waiver request to the Federal Energy Regulatory Commission ("FERC"). The waiver would allow Interconnection Customers to terminate their Large Generator Interconnection Agreement ("LGIA") or withdraw their Interconnection Request without paying the otherwise applicable Withdrawal Penalty, and instead have their Commercial Deposit returned within 30 days of termination. The SEIA and Interwest believe that the waiver is justified due to the uncertainty posed by recent legislation and federal action, including the One, Big, Beautiful Bill Act ("OBBA"), the Executive Order entitled "Ending Market Distorting Subsidies for Unreliable, Foreign Controlled Energy Sources" (July 7, 2025), and the Department of Interior's memo "Departmental Review Procedures for Decisions, Actions, Consultations, and Other Undertakings Related to Solar and Wind Facilities" (July 15, 2025).

Key Takeaways:

  • The SEIA and Interwest support NV Energy's waiver request, citing the uncertainty posed by recent legislation and federal action as justification.
  • The waiver would allow Interconnection Customers to terminate their LGIA or withdraw their Interconnection Request without penalty, and instead have their Commercial Deposit returned within 30 days of termination.
  • The SEIA and Interwest believe that the waiver is justified because it will create more certainty for remaining projects and prevent late-stage cascading restudies.
  • NV Energy's waiver request is distinguishable from Midcontinent Independent System Operator, Inc.'s ("MISO") waiver request, which was denied earlier this year in Docket No. ER25-150-000.
  • The SEIA and Interwest agree that the proposed waiver will provide a benefit to interconnection customers and encourage them to make difficult decisions in face of uncertainty.
  • NV Energy has demonstrated all the criteria justifying a permissible waiver, including acting in good faith, limited scope, concrete problem remedied, and no undesirable consequences.
  • The SEIA and Interwest observe that the waiver request is supported by Nevada Governor Lombardo, who has stated that solar projects have been frozen due to uncertainty and lack of guidance from federal agencies.

Statistics:

  • NV Energy's waiver request affects portions of Section 3.7 of Attachment N of NV Energy's Large Generator Interconnection Procedures.
  • The waiver is sought by Interconnection Customers with an effective Large Generator Interconnection Agreement ("LGIA") and paid an LGIA Deposit, or a pending Interconnection Request, that paid a Commercial Readiness Deposit.
  • The withdrawal penalty for Interconnection Customers who wish to terminate their LGIA or withdraw their Interconnection Request is otherwise applicable.
  • The proposed waiver would allow Interconnection Customers to have their Commercial Deposit returned within 30 days of termination.
  • The waiver is expected to have the opposite effect of MISO's waiver request, which was denied earlier this year in Docket No. ER25-150-000.

Sources:

  • "Comments of the Solar Energy Industries Association and the Interwest Energy Alliance" (August 18, 2025)
  • "Letter from Joe Lombardo, Governor of Nevada, to Doug Bergum, Secretary of the Department of Interior" (August 4, 2025)
  • "Order Denying Waiver Request, Midcontinent Indep. Sys. Operator Inc." (2025)
  • "Petition for Waiver, NV Energy" (2025)
  • https://elibrary.ferc.gov (complete document)