Oregon Attorney General Hardy Meyers Says Investors Aren’t Suppliers

By Libby Tucker

Oregon Attorney General Hardy Myers has determined that third- party renewable energy investors aren’t classified as electricity suppliers under state law, according to a brief filed earlier this month by Oregon Public Utility Commission staff.

The report comes after Honeywell International and PacifiCorp filed a joint petition to the PUC asking regulators to clarify the state’s net-metering rules on renewable energy projects. The petition has placed projects throughout the state on hold while companies await a decision from the PUC.

The commission is expected to rule on the petition by the end of the month. In reaching a decision, the commission will consider the staff report and opinion briefs filed by other stakeholders.

At issue is whether third-party investors, such as Honeywell, are subject to the same regulations as large utilities under state law.

Third-party investors in renewable energy projects typically cover equipment and installation costs for public agencies and nonprofits that aren’t eligible for energy tax credits and taxpayers who can’t afford to install renewable energy systems on their own. The investor then sells the electricity back to the agency or company at market rates.

Myers determined that third-party investors don’t require their customers to use the electrical grid to access electricity and are therefore not defined as an electric utility under Oregon law. The conclusion wasn’t easy to reach, however, according to Myers, who also suggested that the Legislature further clarify the law.

Originally published by Libby Tucker.

(c) 2008 Daily Journal of Commerce (Portland, OR). Provided by ProQuest Information and Learning. All rights Reserved.