The Massachusetts Department of Public Utilities has issued its final Order (16-64-C) in its Docket 16-64 and has released its draft of amended net metering regulations under 220 CMR 18.00 et seq.

A copy of the Order and the final regulations is available at this link: 16-64-C Order Adopting Final Regs 7.15.16 With Appendices

According to the Order, the DPU intends to make the amended regulations go effective on July 29, 2016.

The Department is expected to announce the "Notification Date" either upon or after that date, which will mark the dividing line after which certain private net metering projects will receive the so called "market" net metering credit rate (effectively a 40% reduction for certain projects). In its Order, the DPU asserts that the Notification Date will be set "as a future date."

Among other actions under the Order, DPU adopts three criteria that must be met in order for a private net metering project to receive net metering credits as calculated prior to the enactment of the Commonwealth's recent Act Relative to Solar Energy (rather than the reduced "market" net metering credit):

  1. submission to MassACA of an application for a net metering cap allocation prior to the Notification Date;
  2. receipt of confirmation from the MassACA administrator that the application is complete; and
  3. receipt of a MassACA cap allocation by January 8, 2017.

Additional updates regarding the Order and updated regulations will be forthcoming.

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