The Indiana Utility Regulatory Commission has initiated an investigation to determine whether distributed energy resource (“DER”) aggregators are “public utilities” under Indiana law.[1]
FERC Order 2222 gave DERs the right to participate in wholesale energy markets through aggregators and required regional transmission organizations such as MISO and PJM to file tariff changes to facilitate participation by DER aggregators.
Over the past 18 months, the Commission has conducted stakeholder workshops relating to the implementation of in Indiana.[2] The workshops have discussed interconnection of DERs to local distribution facilities, technical and operational concerns, cost allocation issues, and the extent to which DERs and Aggregators of DERs should be regulated or monitored. After numerous workshops the Commission initiated the investigation to review the public utility status of DER aggregators in order to “facilitate rule development”.
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[1] Investigation into the Public Utility Status of Distributed Energy Regulators, Cause No. 46043 (IURC 4/17/24)
[2] https://www.in.gov/iurc/home/implementation-re-ferc-order-2222/
Erin Borissov is a partner in the law firm of Parr Richey Frandsen Patterson Kruse with offices in Indianapolis and Lebanon, Indiana. She advises utilities and business clients in the areas of utility regulatory law, electric cooperative law, easement and right-of-way law, commercial transactions, corporate governance, and corporate compliance.
The statements contained herein are matters of opinion and general information only and are not to be considered legal advice and should not be construed to form an attorney-client relationship. If you have any questions regarding this article, please contact an attorney.