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    UD-18-03: Community Solar Projects Rulemaking Proceeding

    Council Docket UD-18-03, established via Resolution No. R-18-223, is a rulemaking proceeding to establish community solar program rules to support the expansion of renewable options available to New Orleans residents.  In particular, the community solar program rules should (1) be designed for those who are unable to participate in the Net Energy Metering Program for various reasons; (2) allow customers to offset their own electric consumption, but not allow customers to generate electricity for profit at the expense of other ratepayers; (3) leave as much flexibility as possible for developers to design community solar programs that they believe will be attractive to New Orleans citizens; (4) protect non-participating ratepayers from risks associated with the program; (5) should ENO become a community solar developer, it must offer the same privileges it allows itself to all other developers; (6) community solar project developers must meet all applicable safety and reliability protocols; and (8) adopt consumer protection standards  to ensure that consumers are treated fairly by developers and that that their dealings with developers are transparent.  In this docket, Council Utility Advisors presented the Council with a White Paper discussing issues and questions associated with the creation of community solar rules and proposed rules.  As such, the Council will seek input and comment from the public on the Advisors’ White Paper, the proposed rules for community solar, and other shared distributed generation programs.  

    On December 13, 2018, the Utility, Cable, Telecommunications, and Technology Committee (“UCTTC”) recommended approval of a resolution establishing rules governing the deployment of community solar projects in New Orleans, including a proposed schedule for implementation and a schedule to receive comments on enforcement. This resolution will be forwarded to the full Council for consideration after further review of various implementation strategies, including subscriber bill credits, among the parties.  

    On March 28, 2019, the City Council adopted Community Solar Rules, as appended to Resolution R-19-111, except for Section XIV (Enforcement of These Rules). The Council seeks further comment from the parties as outlined in the procedural schedule below. 
     
    Pertinent docket deadline dates were as follows:  

    • July 27, 2018 - All interested persons that wished to intervene in this docket were required to file motions to intervene with the Clerk of Council with any objections to intervention requests filed within five days of such requests;
       
    • September 28, 2018 – Comments from all parties on the Advisors’ White Paper, the questions and issues raised therein, and the proposed rules due;
       
    • October 31, 2018 – Reply comments due; 
       
    • November 30, 2018 - Advisors’ Report responding to comments and reply comments, as well as, revised recommendations to the Council in response to the comments and reply comments due. 
       
    • May 1, 2019 – The effective date of the Community Solar Rules;
       
    • May 27, 2019 – Comments from all parties regarding the proposed Section XIV (Enforcement of These Rules) as set forth in Attachment B to Resolution R-19-111 due; 
       
    • June 1, 2019 – Deadline for ENO to meet with the parties regarding the proposed implementation plan for the Community Solar rules; 
       
    • June 26, 2019 – Responsive comments regarding the proposed Section XIV (Enforcement of These Rules) as set forth in Attachment B to Resolution R-19-111 due; 
       
    • August 29, 2019 – ENO submitted an Implementation Plan:
      • Community Solar Plan setting forth ENO’s plans for implementing the rules, including its program administration plan and relevant tariffs due; and;
      • Community Solar Facility Application Procedure and its proposed Standard Interconnection Agreement for Community Solar Facilities due; 
         
    • September 1, 2019 – Deadline for CURO and the Advisors to submit a joint report to the Council detailing (1) any recommended changes based upon the comments of the parties regarding the proposed Section XIV (Enforcement of These Rules); (2) an estimate of what personnel would be needed for CURO to successfully undertake the functions set forth for CURO in the Community Solar Rules; (3) an estimate of what additional budget or resources for CURO would be needed for CURO to successfully undertake the functions set forth for CURO in the Community Solar Rules; and (4) any further proposed forms or procedures CURO intends to employ in order to fulfill its responsibilities under the Community Solar Rules; 
       
    • September 28, 2019 – Deadline for Parties to file comments on the proposed Community Solar Plan and Community Solar Facility Application Procedure and Standard Interconnection Agreement for the Community Solar Facilities; and 
       
    • October 15, 2019 – ENO’s responsive comments to the proposed Community Solar Plan and Community Solar Facility Application Procedure and Standard Interconnection Agreement for the Community Solar Facilities due.
       
    • January 28, 2021 – The Council approved ENO’s “Supplemental Implementation Plan” per Resolution R-21-38;
       
    • December 8, 2021 – Alliance for Affordable Energy (“AAE”) filed a Motion to Amend the Community Solar Rules’ definition of “Low Income Customer”;
       
    • December 16, 2021 – Council adopted Council Resolution R-21-472 opening a comment period for parties to respond to intervenor AAE’s Motion to Amend the Community Solar Rules;
       
    • January 10, 2022 – Deadline for all Parties to file comments in response to intervenor AAE’s December 8, 2021 Motion to Amend the Community Solar Rules;
       
    • February 3, 2022 – Council adopted R-22-76 Resolution and Order Amending the Community Solar Rules approving the Alliance for Affordable Energy’s December 8, 2021 Motion to Amend the Community Solar Rules modifying the definition of “Low Income Customers”.
       
    • July 13, 2022 – Madison Energy Investments (“MEI”) filed a Motion to Amend the Community Solar Rules to (a)  increase the Tariff Rate for all Subscribers; (b) raise the solar garden size from 2MW to 5MW; (c) eliminate “Subscriber Funds” and replace with language that requires ENO to manage a consolidated utility billing for subscribers; (d) have ENO purchase and pay for Output from the CSG Facility; (e) entitle the Subscriber Organizations to the renewable energy credit (“REC”) ownership; (f) increase the PPA term limit from ten years to twenty years to increase any potential Subscriber Organization’s ability to secure funding for projects; and (g) raise the minimum requirement of Low-Income Subscribers per Community Solar Generating Facility from 30% to 40% creating more opportunity for Low-Income Subscribers to reap the benefits;
       
    • August 18, 2022 – Council adopted Resolution R-22-370 opening a comment period for the parties to respond to MEI’s Motion to Amend the Community Solar Rules;
       
    • September 12, 2022 – Judge Gulin issued an Order granting ENO’s Motion to Extend Deadline for parties to file discovery until November 7, 2022 and prepare comments no later than December 7, 2022 on MEI’s Motion to Amend the Community Solar Rules;
       
    • November 7, 2022 – Deadline for parties to file discovery relative to MEI’s Motion to Amend the Community Solar Rules (Per Judge Gulin’s September 12, 2022 Order);
       
    • December 7, 2022 – Deadline for parties to file comments on MEI’s Motion to Amend the Community Solar Rules (Per Judge Gulin’s September 12, 2022 Order).
       
    • December 7, 2022 – the Coalition for Community Solar Access (“CCSA”) intervention was approved and their comments admitted into the evidentiary; 
       
    • January 17, 2023 – Deadline for all parties to file reply comments (per Judge Gulin’s January 10, 2023 Order);
       
    • April 6, 2023 – Council adopted R-23-130 (Resolution and Order Related to Madison Energy Investments, Inc. Motion to Amend Community Solar Rules);
       
    • May 12, 2023 – Deadline for CURO to convene a technical conference to discuss remaining issues per Resolution R-23-130;
       
    • June 16, 2023 – Parties additional Comments due relative to remaining issues per Resolution R-23-130;
       
    • July 7, 2023 – Parties Reply Comments due relative to remaining issues per Resolution R-23-130.
       
    • August 4, 2023 – Administrative Record Chart filed by CURO;
       
    • November 2, 2023 – Council adopted Resolution R-23-507 in response to MEI’s July 13, 2022 Motion to Amend the Community Solar Rules 1) granting in part MEI’s request to credit all subscribers at the full retain rate and MEI’s encouragement of a Low-Income Benefits and Public Entity adders; 2) denying MEI’s proposal to eliminate and replace “Article XIII. Consumer Protection and Disclosure – section G. Subscriber Funder”; 3) granting in part MEI’s proposal of assigning renewable energy credits (“RECs”) to Subscriber Organizations; 4) granting MEI’s proposal to increase the PPS initial term from ten years to twenty years; and 5) denying MEI’s proposal to establish minimum requirements for Low-Income Subscribers for Low-Income Subscribers to be classified in the Low-Income Category at 40%.
       
    • January 12, 2024 – ENO submitted its Compliance Filing, including the required revised Form CSG-4 as well as two different options for the revised Rate Schedule, a new Form CSG-APP combining Forms CSG-1 – Program Application and CSG-2 – Interconnection Application, an update flow chart reflecting the new Form CSG-APP, and a new Form CSG-RPAR – Request for Pre-Application Report;
       
    • April 4, 2024 – Council adopted Council Resolution R-24-137 (Resolution and Order Clarifying Community Solar Rules) allowing Parties to submit comments regarding the Rate Schedule options and the CSG-4 form presented in ENO’s Compliance Filing and that proof of income via W-2 form or tax return for the previous calendar year demonstrating income (1) at or below 60% of median family income for the New Orleans-Metairie area; (2) at or below 60% of the estimated median income for the State, or (3) enrollment in either an assisted housing program or LIHEAP shall be accepted by a Subscriber Organization to verify Low-Income Customer status; 
       
    • May 10, 2024 – Parties shall submit comments regarding the Rate Schedule options and the CSG-4 form presented in the Compliance Filing.