Recent legislation amending the net energy billing (NEB) rules to include a tariff rate program specifically for commercial customers and directing the Maine Public Utilities Commission (PUC) to procure distributed generation, has prompted a flurry of PUC rule changes in the past months. See P.L. 2019, ch. 478 (LD 1711), An Act to Promote Solar Energy Projects and Distributed Generation Resources in Maine (the “Act). The Act has kept on giving when it comes to stimulating complex rulemakings with heavy stakeholder interest and involvement. Here is an update on the NEB rule changes.
2019-000197 – Update on Ch. 313 Net Energy Billing amendments:
ADOPTED NEB RULE
In late November, the PUC adopted an amended Rule for the existing NEB program and a new tariff rate program specifically for commercial and institutional (C&I) customers. Ch. 313 – Net Energy Billing, Docket No. 2019-00197, Corrected Order (Nov. 25, 2019). The November 25 Order contained clarifications for the NEB programs. The Rules clarify that both residential and non-residential customers may participate in a kilowatt-hour (kWh) shared-financial interest facility so long as applicable market rules permit such an arrangement. Id. at 5.
Other aspects of the amended Rule raise questions related to customer billing by utilities on behalf of project sponsors, the limits of municipalities’ participation, and the bill credit or kWH credit allocation methodologies that will be available for shared projects.
Maine’s T&D utilities are in the process of finalizing standardized NEB agreements that will further clarify both the kWh and tariff rate NEB programs.
NEB TARIFF RATE
On December 2, 2019, the PUC issued an Order Setting the NEB Tariff Rate for C&I customers as follows:
Ch. 313 – Net Energy Billing, Docket No. 2019-00197, Order Setting Tariff Rate (Dec. 2, 2019).
If you have questions about the new NEB rules and how they may apply to your business or interest in a solar facility, contact a member of Verrill’s Energy Group for more details.
Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine
Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide
BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...Will the Knicks Beat the Spurs? (Are Prediction Market Event Contracts Gambling?)
For those of you who like to keep score, currently 18 states are engaged in litigation over prediction markets, such as Kalshi and Polymarket,...DOJ Announces Faster Review and Enhanced Enforcement for Benefits-Fraud FCA Matters
On May 27, 2026, the U.S. Department of Justice (DOJ) Civil Division issued a new memorandum, “Accelerating Review and Enhancing Enforcement in...Lauren Galvin Quoted in Massachusetts Lawyers Weekly on Arbitration and Anti-SLAPP Protections
Verrill Partner Lauren Galvin was recently featured in a Massachusetts Lawyers Weekly article highlighting a notable Superior Court decision...Verrill Welcomes Private Clients & Fiduciary Services Attorney Gracie Castle
BOSTON, Massachusetts – Verrill is pleased to welcome Gracie Castle to the firm’s Private Clients & Fiduciary Services Group as an Associate,...Francesco De Vito Authors Article in the Journal of the American College of Mortgage Attorneys
Verrill Partner Frank De Vito authored an article featured in the Spring 2026 issue of The Abstract, the journal of the American College of Mortgage...Recent FinCEN Advisory Highlights Rising Health Care Fraud Risk for Financial Institutions
As the federal government intensifies its “whole of government” approach to combat fraud, waste, and abuse, particularly in Federal Health Care...