TITLE 20. PUBLIC UTILITIES AND TELECOMMUNICATIONS

STATE CORPORATION COMMISSION

Notice of Effective Date

Title of Regulation: 20VAC5-340. Rules Governing Shared Solar Program (amending 20VAC5-340-10 through 20VAC5-340-90, 20VAC5-340-110; adding 20VAC5-340-65; repealing 20VAC5-340-100).

Statutory Authority: §§ 12.1-13 and 56-594.3 of the Code of Virginia.

AT RICHMOND, FEBRUARY 10, 2025

COMMONWEALTH OF VIRGINIA, ex rel.

CASE NO. PUR-2024-00122

STATE CORPORATION COMMISSION

Ex parte: In the matter of amending regulations
governing shared solar programs

ORDER ON RECONSIDERATION

On November 25, 2024, the State Corporation Commission ("Commission") entered an Order Adopting Regulations in this case. On December 12, 2024, the Coalition for Community Solar Access ("CCSA") filed a Petition for Reconsideration and Clarification ("Petition").

CCSA requested the Commission to enter an order that:

Establishes a timeline for initiating initial minimum bill proceedings for Virginia Electric and Power Company d/b/a Dominion Energy Virginia and Appalachian Power Company under the new shared solar rules, such that the minimum bills will be established prior to the statutory tariff filing deadlines of December 1, 2025, and July 1, 2025, respectively;

Replaces the term "date of awarded capacity" with "anticipated installed capacity" in 20VAC5-340-40 F 1; and

Provides additional relief as is reasonable and proper.

On December 13, 2024, the Commission issued an Order Granting Reconsideration that: (1) continued jurisdiction over this matter to consider the Petition; and (2) suspended the Order Adopting Regulations pending the Commission's consideration of the Petition.

NOW THE COMMISSION, upon consideration of this matter, is of the opinion and finds as follows.

First, the Commission notes that it is, concurrently with the instant Order, initiating minimum bill proceedings under the new shared solar rules. Second, the Commission finds that it is appropriate to revise 20VAC5-340-40 F 1 by replacing the term "date of awarded capacity" with "anticipated installed capacity."

Accordingly, IT IS ORDERED THAT:

(1) Regulation 20VAC5-340-40 F 1 is revised as discussed herein.

(2) The November 25, 2024 Order Adopting Regulations is no longer suspended. The regulations adopted therein, including the revision made herein, shall be effective as of February 14, 2025.

(3) The Commission's Division of Information Resources shall forward a copy of this Order to the Office of the Registrar of Regulations for publication in the Virginia Register of Regulations.

(4) On or before February 14, 2025, Dominion Energy Virginia and Appalachian Power Company shall file in this docket, with the Clerk of the Commission, any revised tariff provisions necessary to implement the regulations adopted herein and shall also provide a copy of the document containing the revised tariff provisions to the Commission's Division of Public Utility Regulation. The Clerk of the Commission need not distribute copies but shall make such filings available for public inspection in the Clerk's Office and post them on the Commission's website at scc.virginia.gov/pages/Case-Information.

(5) This docket shall remain open to receive the filings from electric utilities pursuant to Ordering Paragraph (4).

A COPY hereof shall be sent electronically by the Clerk of the Commission to all persons on the official Service List in this matter. The Service List is available from the Clerk of the Commission.

On November 25, 2024, the State Corporation Commission entered an Order Adopting Regulations in Case No. PUR-2024-00122 adopting final amendments to Rules Governing Shared Solar Program (20VAC5-340). The final regulation was published December 16, 2024, in Volume 41, Issue 9 of the Virginia Register (41:9 VA.R. 1053-1068 December 16, 2024) with an effective date of January 1, 2025. The amendments are necessary to implement Chapters 715, 716, 763, and 765 of the 2024 Acts of Assembly.

On December 13, 2024, the State Corporation Commission, pursuant to Case No. PUR-2024-00122, Order Granting Reconsideration and 5VAC5-20-220, suspended the effective date of the amendments to consider a petition filed on December 12, 2024, by the Coalition for Community Solar Access. The suspension of the regulatory process was published February 10, 2025, in Volume 41, Issue 13 (41:13 VA.R. 1504 February 10, 2025). And, on February 10, 2025, pursuant to Case No. PUR-2024-00122, Order on Reconsideration and 5VAC5-20-220, the commission adopted final text of the rules for 20VAC5-340. The effective date of the regulation is February 14, 2025.

The commissioner has adopted the final text as it was published December 16, 2024, with the following change as shown:

1. For each accepted project in the program queue, the project list shall rank projects primarily by the date of the awarded capacity and secondarily by the date of anticipated substantial completion. Any subscriber organization with a project in the program queue shall notify the utility within 10 days of any reduction in a project's anticipated installed AC capacity or its ability to achieve the anticipated substantial completion date. The utility shall update the list within two business days of any change to the [ date of awarded anticipated installed ] capacity in the program queue, and within 14 business days of any change to the date of substantial completion.

Effective Date: February 14, 2025.

Agency Contact: Matthew Unger, Senior Analyst, Division of Public Utility Regulation, State Corporation Commission, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9849, FAX (804) 371-9350, or email matthew.unger@scc.virginia.gov.