On April 12, 2019 the Commission amended its net energy billing (NEB) rules (Chapter 313) pursuant to emergency rulemaking procedures set forth in 5 M.R.S. § 8054. Specifically, consistent with An Act To Eliminate Gross Metering, P.L. 2019, ch. 16, the Commission amended the Rule's provisions to be substantively equivalent to those in effect on January 1, 2017. Emergency rules may be effective for up to 90 days. Accordingly, the Commission will initiate a rulemaking process regarding Chapter 313 in the near future. The full Order can be found at the following link: NEB Order (PDF)
Net Energy Billing Rapid Response Process
To resolve potential disputes about NEB issues, the Commission has established a Net Energy Billing Rapid Response (NEBRR) processes.
The NEBRR process is described below:
Initiation: A T&D utility, solar installer, or NEB customer may initiate the NEBRR process by filing a Notice of Dispute by email to the NEBRR Team at NEBRR.PUC@Maine.gov. At the same time, a copy of the Notice of Dispute should be provided by email to the other party or parties involved in the dispute. The Notice of Dispute should contain the information in the Notice of Dispute Form and any other information relevant to the dispute. Prior to filing a Notice of Dispute, the filing party must make a good faith effort to resolve the dispute with the counter-party. The T&D utility shall preserve a record of efforts to resolve the dispute, including all communications regarding the dispute to and from the dispute counterparty, and shall make those records available to the NEBRR Team.
Initial Response and Supplemental Information: The other party or parties involved in the dispute will provide a Response by email to NEBRR.PUC@Maine.gov and to the initiating party within 7 days of filing of the Notice of Dispute. The NEBRR Team may request additional information from any of the involved parties.
Initial Meeting; Settlement of Dispute: The NEBRR Team will endeavor to convene an initial meeting with the disputing parties within 20 days of the filing of the Notice of Dispute to facilitate a mutually agreeable resolution to the dispute. The NEBRR Team may schedule additional meetings or request additional information to continue to facilitate toward an agreed upon resolution to the dispute. In the event that the disputing parties agree upon a resolution to the dispute, the matter will be closed.
NEBRR Team Decision: In the event that the disputing parties do not arrive at an agreed-upon resolution, the NEBRR Team may seek further information from the parties and will issue a written decision that resolves the dispute within 30 days of the Team’s determination that the dispute cannot be resolved by mutual agreement of the parties.
Commission Review: Within 10 days the issuance of the NEBRR Team’s decision, any party to the dispute may request Commission review of the decision. In the event that Commission review is not requested within 10 business days, the decision by the NEBRR Team will be considered a final Commission decision.