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RENEW Wisconsin v. Public Service Comm'n of Wisconsin

ELR Citation: 45 ELR 20034
Nos. 14-cv-0169, (Wis. Cir. Ct., 02/05/2015)

A Wisconsin court remanded to the state utility commission two components of a 2013 order involving the state's distributed generation tariff for customer-owned generation, i.e., net metering customers. The tariff applies to customers who self-generate energy and compensates them for energy injected into the grid. A nonprofit group representing installers of renewable energy equipment challenged the commission's imposition of a size limit on customer generation systems, arguing that this decision was arbitrary and capricious. The group also challenged the commission's decision to allow usage of a monthly netting structure as opposed to an annual structure. Given inadequacies in the record, the court ruled that it was "impossible" for it to review whether the commission acted arbitrarily or capriciously in this case. The court therefore remanded the matter to the commission for further fact-finding so that a sufficient record can be established.