PSC: Scrivener’s Error Led To Erroneous Language That Distributed Generation Providers Would Be Included In Proposed "Energy Supplier" Definition

A scrivener’s error led to the erroneous inclusion of language in proposed changes to the retail electric market rules that would include distributed generation provider under the definition of, "energy supplier," the District of Columbia PSC said in an order last week

As first reported by EnergyChoiceMatters.com, the draft rules as issued for comment would amend the definition of "Energy Supplier," to include language stating that, "The term applies to persons engaged in distributed generation."

As we noted at the time, this ostensibly would subject distributed generation providers to all of the rules applicable to "energy suppliers" (note, certain requirements refer to electric supply contracts, rather than suppliers themselves, so it was unclear the extent to which distributed generation providers would be wholly subject to any retail electric regulations).

Several solar providers sought an extension of time to file comments on the proposed rules, noting that the inclusion of distributed generation providers within the definition of energy supplier apparently departs from the PSC's prior determination in Order No. 18800 that any rules regarding distributed generation would be addressed in the ongoing stakeholder review process in Formal Case No. 1130.

The PSC explained in response to such comments that, "After reviewing the Commission’s decision in Order No. 18800 ['Order'] and the June 30, 2017, NOPR, we recognize that a scrivener’s error was made in the NOPR."

"In paragraph 46 of the Order, the Commission determined that 'the best place to address the distributed generation rules is in Formal Case No. 1130' and rejected OPC’s proposed amendment to add the phrase '[t]he term applies to persons engaged in distributed generation' to the definition of energy supplier," the PSC said

"Nonetheless, the rejected language was inadvertently included in the NOPR in error. The Commission will correct the scrivener’s error when we address the comments and reply comments filed in response to the NOPR," the PSC said