Comments Regarding Borrego Separate Site Requirement Petition
November 26, 2020
In accordance with prior New York Public Service Commission (“Commission”) Orders, net metering and Value Stack-based compensation are limited to distributed generation projects with an aggregate rated generation capacity limit of 5 megawatts-alternating current (“MW-AC”). When determining whether two or more projects are “separate projects” that adhere to this rated capacity limit, the Commission applies the following three-factor test: (a) each facility must be separately metered and interconnected; (b) each facility must be operationally independent; and, (c) each facility must be located on a separate site.
In its petition to the Commission, Borrego Solar Systems (“Borrego”) notes that the definition of a “separate site” under the three-factor test was not clearly defined and asks the Commission to issue a Ruling that either: (i) Finds the requirements for net metering and Value Stack eligibility are met where projects have a unique SBL number, a separate lease and a separate metes and bounds description recorded via a separate memo of lease uniquely identifying each project within the 5 MW rated capacity limit; or (ii) Clarifies that the definition of a “separate site” is not limited to those projects with a separate deed but also includes projects with a unique SBL number, separate leases and a metes and bounds description recorded via a separate memorandums of lease uniquely identifying each project within the 5 MW-AC rated capacity limit.
NYSEIA supports these aspects of Borrego’s petition. However, NYSEIA urges the Commission to go further by issuing a Declaratory Ruling eliminating the separate site requirement as part of the above-referenced three-factor test used in determining whether two or more distributed generation projects are “separate projects” that adhere to the 5 MW-AC rated generation capacity limit.