Commissioner Marquez: Fallout From Solar Advertising Claims A "Real Issue" Texas PUC Will Need To Face, As Commission Poised To Authorize Third-Party Interconnection Agreement

Dealing with customer frustration due to actual experience with distributed generation departing from dubious claims made in advertisements is a "real issue" the Public Utility Commission of Texas will likely need to face, Commissioner Brandy Marty Marquez said during yesterday's open meeting, as the PUC discussed a rule addressing whether parties other than end use customers may sign interconnection agreements

Marquez was echoing concerns previously raised by Chairman Donna Nelson, who has noted in the past radio spots for solar which have promised that customers will never need to pay an electric bill again, and Nelson worries that customers, for whom such promise is not fulfilled, will seek redress at the Commission given (if adopted by a pending rule) the Commission approval of interaction agreements by third parties rather than the customer. Nelson is concerned that customers will be frustrated that the Commission will not be able to provide any redress given its lack of jurisdiction over the marketing of distributed generation

"This concern is real," Marquez agreed at yesterday's open meeting. "I haven't heard that radio ad, but somebody was asking me on a plane about it recently, so it's a real issue that we're going to have to face sooner or later."

Despite these reservations, Commissioners are prepared to adopt the rule that would allow the end-use customer to either be a party to the interconnection agreement (IA), or choose any of the following types of entities to be the non-utility party to the IA with the utility: the owner of the DG facility, an owner of rights to energy produced from the DG facility, or the owner of the premises at which the DG facility is located. Commissioners agreed the rule is needed to provide certainty to the IA process.

Commissioners did not vote on a final rule yesterday as a formal proposal with the latest updates to the preamble was not before the Commission, but Commissioners expressed an intent to adopt the rule at the next open meeting

Commissioner Kenneth Anderson noted that, at the very least, if customer complaint issues do arise over DG marketing, the PUC can refer such matters to the Attorney General