March 19, 2009, Introduced by Rep. Opsommer and referred to the Committee on Energy and Technology.
A bill to amend 2008 PA 295, entitled
"Clean, renewable, and efficient energy act,"
by amending the heading of part 5, the title, and sections 3, 5, 7,
13, 173, 175, 177, and 179 (MCL 460.1003, 460.1005, 460.1007,
460.1013, 460.1173, 460.1175, 460.1177, and 460.1179) and by adding
section 173b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to require certain providers of electric service to
establish renewable energy programs; to require certain providers
of electric or natural gas service to establish energy optimization
programs; to authorize the use of certain energy systems to meet
the requirements of those programs; to provide for the approval of
energy optimization service companies; to provide for certain
charges on electric and natural gas bills; to promote energy
conservation by state agencies and the public; to create a wind
energy resource zone board and provide for its power and duties; to
authorize the creation and implementation of wind energy resource
zones; to provide for expedited transmission line siting
certificates; to provide for a net metering program and an expanded
capacity metering program and the responsibilities of certain
providers
of electric service and customers with respect to net
metering
those programs; to provide for fees; to prescribe the
powers and duties of certain state agencies and officials; to
require the promulgation of rules and the issuance of orders; and
to provide for civil sanctions, remedies, and penalties.
Sec. 3. As used in this act:
(a) "Advanced cleaner energy" means electricity generated
using an advanced cleaner energy system.
(b) "Advanced cleaner energy credit" means a credit certified
under section 43 that represents generated advanced cleaner energy.
(c) "Advanced cleaner energy system" means any of the
following:
(i) A gasification facility.
(ii) An industrial cogeneration facility.
(iii) A coal-fired electric generating facility if 85% or more
of the carbon dioxide emissions are captured and permanently
geologically sequestered.
(iv) An electric generating facility or system that uses
technologies
not in commercial operation on the effective date of
this
act October 6, 2008.
(d) "Affiliated transmission company" means that term as
defined in section 2 of the electric transmission line
certification act, 1995 PA 30, MCL 460.562.
(e) "Applicable regional transmission organization" means a
nonprofit, member-based organization governed by an independent
board of directors that serves as the federal energy regulatory
commission-approved
commission approved regional transmission
organization with oversight responsibility for the region that
includes the provider's service territory.
(f) "Biomass" means any organic matter that is not derived
from fossil fuels, that can be converted to usable fuel for the
production of energy, and that replenishes over a human, not a
geological, time frame, including, but not limited to, all of the
following:
(i) Agricultural crops and crop wastes.
(ii) Short-rotation energy crops.
(iii) Herbaceous plants.
(iv) Trees and wood, but only if derived from sustainably
managed forests or procurement systems, as defined in section 261c
of the management and budget act, 1984 PA 431, MCL 18.1261c.
(v) Paper and pulp products.
(vi) Precommercial wood thinning waste, brush, or yard waste.
(vii) Wood wastes and residues from the processing of wood
products or paper.
(viii) Animal wastes.
(ix) Wastewater sludge or sewage.
(x) Aquatic plants.
(xi) Food production and processing waste.
(xii) Organic by-products from the production of biofuels.
(g) "Board" means the wind energy resource zone board created
under section 143.
(h) "Carbon dioxide emissions benefits" means that the carbon
dioxide emissions per megawatt hour of electricity generated by the
advanced cleaner energy system are at least 85% less or, for an
integrated gasification combined cycle facility, 70% less than the
average carbon dioxide emissions per megawatt hour of electricity
generated from all coal-fired electric generating facilities
operating in this state on January 1, 2008.
(i) "Commission" means the Michigan public service commission.
(j) "Customer meter" means an electric meter of a provider's
retail customer. Customer meter does not include a municipal water
pumping meter or additional meters at a single site that were
installed specifically to support interruptible air conditioning,
interruptible water heating, net metering, expanded capacity
metering, or time-of-day tariffs.
Sec. 5. As used in this act:
(a) "Electric provider", subject to sections 21(1), 23(1), and
25(1), means any of the following:
(i) Any person or entity that is regulated by the commission
for the purpose of selling electricity to retail customers in this
state.
(ii) A municipally-owned electric utility in this state.
(iii) A cooperative electric utility in this state.
(iv) Except as used in subpart B of part 2, an alternative
electric supplier licensed under section 10a of 1939 PA 3, MCL
460.10a.
(b) "Eligible expanded capacity generator" means any of the
following:
(i) A renewable energy system that is owned by or under the
control of the governing board of a public school with more than 50
students, that is located at and provides electricity to the public
school, and that has a designed capacity of not more than 300% of
the electricity needs of the public school or 550 kilowatts,
whichever is less.
(ii) A renewable energy system that is owned by or under the
control of this state, that is located at and provides electricity
to a building, or group of buildings at the same site, owned by or
under the control of this state, and that has a designed capacity
of not more than 150% of the electricity needs of the building or
buildings or 550 kilowatts, whichever is less.
(iii) A methane digester that utilizes livestock waste as the
primary feedstock, that is owned by or under the control of a farm,
that is located at and provides electricity to the farm, and that
has a designed capacity of not more than 550 kilowatts.
(iv) A starved air low temperature advanced waste to energy
gasification technology that utilizes livestock waste as the
primary feedstock to make a combustible syngas at less than 1200o F,
that is owned by or under the control of a farm, that is located at
and provides electricity to the farm, and that has a designed
capacity of not more than 550 kilowatts.
(c) (b)
"Eligible electric net metering generator" means that
a methane digester or renewable energy system with a generation
capacity limited to the customer's electric need and that does not
exceed the following:
(i) For a renewable energy system, 150 kilowatts of aggregate
generation at a single site.
(ii) For a methane digester, 550 kilowatts of aggregate
generation at a single site.
(d) (c)
"Energy conservation"
means the reduction of customer
energy use through the installation of measures or changes in
energy usage behavior. Energy conservation does not include the use
of advanced cleaner energy systems.
(e) (d)
"Energy efficiency" means
a decrease in customer
consumption of electricity or natural gas achieved through measures
or programs that target customer behavior, equipment, devices, or
materials without reducing the quality of energy services.
(f) (e)
"Energy optimization",
subject to subdivision (f) (g),
means all of the following:
(i) Energy efficiency.
(ii) Load management, to the extent that the load management
reduces overall energy usage.
(iii) Energy conservation, but only to the extent that the
decreases in the consumption of electricity produced by energy
conservation are objectively measurable and attributable to an
energy optimization plan.
(g) (f)
Energy optimization does not
include electric provider
infrastructure projects that are approved for cost recovery by the
commission other than as provided in this act.
(h) (g)
"Energy optimization
credit" means a credit certified
pursuant to section 87 that represents achieved energy
optimization.
(i) (h)
"Energy optimization
plan" or "EO plan" means a plan
approved
under section 71 73.
(j) (i)
"Energy optimization
standard" means the minimum
energy savings required to be achieved under section 77.
(k) (j)
"Energy star" means the voluntary
partnership among
the United States department of energy, the United States
environmental protection agency, product manufacturers, local
utilities, and retailers to help promote energy efficient products
by labeling with the energy star logo, to educate consumers about
the benefits of energy efficiency, and to help promote energy
efficiency in buildings by benchmarking and rating energy
performance.
(l) "Farm" means that term as defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(m) (k)
"Federal approval" means
approval by the applicable
regional transmission organization or other federal energy
regulatory commission approved transmission planning process of a
transmission project that includes the transmission line. Federal
approval may be evidenced in any of the following manners:
(i) The proposed transmission line is part of a transmission
project included in the applicable regional transmission
organization's board-approved transmission expansion plan.
(ii) The applicable regional transmission organization has
informed the electric utility, affiliated transmission company, or
independent transmission company that a transmission project
submitted for an out-of-cycle project review has been approved by
the applicable regional transmission organization, and the approved
transmission project includes the proposed transmission line.
(iii) If, after the effective date of this act October 6, 2008,
the applicable regional transmission organization utilizes another
approval process for transmission projects proposed by an electric
utility, affiliated transmission company, or independent
transmission company, the proposed transmission line is included in
a transmission project approved by the applicable regional
transmission organization through the approval process developed
after
the effective date of this act October 6, 2008.
(iv) Any other federal energy regulatory commission approved
transmission planning process for a transmission project.
Sec. 7. As used in this act:
(a) "Gasification facility" means a facility located in this
state that uses a thermochemical process that does not involve
direct
combustion, to produce which process produces synthesis
gas,
composed of carbon monoxide and hydrogen, from carbon-based
feedstocks (such as coal, petroleum coke, wood, biomass, hazardous
waste, medical waste, industrial waste, and solid waste, including,
but not limited to, municipal solid waste, electronic waste, and
waste described in section 11514 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.11514) and that
uses the synthesis gas or a mixture of the synthesis gas and
methane to generate electricity for commercial use. Gasification
facility includes the transmission lines, gas transportation lines
and facilities, and associated property and equipment specifically
attributable to such a facility. Gasification facility includes,
but is not limited to, an integrated gasification combined cycle
facility and a plasma arc gasification facility.
(b) "Incremental costs of compliance" means the net revenue
required by an electric provider to comply with the renewable
energy standard, calculated, for an electric provider whose rates
are regulated by the commission, as provided under section 47.
(c) "Independent transmission company" means that term as
defined in section 2 of the electric transmission line
certification act, 1995 PA 30, MCL 460.562.
(d) "Industrial cogeneration facility" means a facility that
generates electricity using industrial thermal energy or industrial
waste energy.
(e) "Industrial thermal energy" means thermal energy that is a
by-product of an industrial or manufacturing process and that would
otherwise be wasted. For the purposes of this subdivision,
industrial or manufacturing process does not include the generation
of electricity.
(f) "Industrial waste energy" means exhaust gas or flue gas
that is a by-product of an industrial or manufacturing process and
that would otherwise be wasted. For the purposes of this
subdivision, industrial or manufacturing process does not include
the generation of electricity.
(g) "Integrated gasification combined cycle facility" means a
gasification facility that uses a thermochemical process, including
high temperatures and controlled amounts of air and oxygen, to
break substances down into their molecular structures and that uses
exhaust heat to generate electricity.
(h) "LEED" means the leadership in energy and environmental
design green building rating system developed by the United States
green building council.
(i) "Load management" means measures or programs that target
equipment or devices to result in decreased peak electricity demand
such as by shifting demand from a peak to an off-peak period.
(j) "Modified net metering" or "modified expanded capacity
metering" means a utility billing method that applies the power
supply component of the full retail rate to the net of the
bidirectional flow of kilowatt hours across the customer
interconnection with the utility distribution system, during a
billing
period or time-of-use pricing period. A negative net
metered quantity during the billing period or during each time-of-
use pricing period within the billing period reflects net excess
generation for which the customer is entitled to receive credit
under
section 177(4) 177. Standby charges for modified net metering
customers
on an energy rate schedule shall be equal to the retail
distribution
charge applied to the imputed customer usage during
the
billing period. The imputed customer usage is calculated as the
sum
of the metered on-site generation and the net of the
bidirectional
flow of power across the customer interconnection
during
the billing period. The commission shall establish standby
charges
for modified net metering customers on demand-based rate
schedules
that provide an equivalent contribution to utility system
costs.
Sec. 13. As used in this act:
(a) "Site" means a contiguous site, regardless of the number
of meters at that site. A site that would be contiguous but for the
presence of a street, road, or highway shall be considered to be
contiguous for the purposes of this subdivision.
(b) "Transmission line" means all structures, equipment, and
real property necessary to transfer electricity at system bulk
supply voltage of 100 kilovolts or more.
(c) "True net metering" or "true expanded capacity metering"
means a utility billing method that applies the full retail rate to
the net of the bidirectional flow of kilowatt hours across the
customer interconnection with the utility distribution system,
during a billing period or time-of-use pricing period. A negative
net metered quantity during the billing period or during each time-
of-use pricing period within the billing period reflects net excess
generation for which the customer is entitled to receive credit
under
section 177(4) 177.
(d) "Utility system resource cost test" means a standard that
is met for an investment in energy optimization if, on a life cycle
basis, the total avoided supply-side costs to the provider,
including representative values for electricity or natural gas
supply, transmission, distribution, and other associated costs, are
greater than the total costs to the provider of administering and
delivering the energy optimization program, including net costs for
any provider incentives paid by customers and capitalized costs
recovered under section 89.
(e) "Wind energy conversion system" means a renewable energy
system that uses 1 or more wind turbines to generate electricity
and has a nameplate capacity of 100 kilowatts or more.
(f) "Wind energy resource zone" or "wind zone" means an area
designated by the commission under section 147.
PART 5.
NET AND EXPANDED CAPACITY METERING
Sec. 173. (1) The commission shall establish a statewide net
metering
program by order issued not later than 180 days after the
effective
date of this act. No later than 180 days after the
effective
date of this act by April 4, 2009. By April 4, 2009, the
commission shall promulgate rules regarding any time limits on the
submission of net metering applications or inspections of net
metering equipment and any other matters the commission considers
necessary to implement this part. Any rules adopted regarding time
limits for approval of parallel operation shall recognize
reliability and safety complications including those arising from
equipment saturation, use of multiple technologies, and proximity
to synchronous motor loads. The program shall apply to all electric
utilities and alternative electric suppliers in this state. Except
as otherwise provided under this part, customers of any class are
eligible
to interconnect eligible electric net metering generators
with the customer's local electric utility and operate the
generators in parallel with the distribution system. The net
metering program shall be designed for a period of not less than 10
years. and
limit each customer to generation capacity designed to
meet
only the customer's electric needs. The
commission may waive
the
application, interconnection, and installation requirements of
for the net metering program under this part for customers
participating in the net metering program under the commission's
March 29, 2005 order in case no. U-14346.
(2) An electric utility or alternative electric supplier is
not required to allow for net metering that is greater than 1% of
its in-state peak load for the preceding calendar year. The
electric utility or alternative electric supplier shall notify the
commission
if its net metering program reaches the 1% requirement
limit under this subsection. The 1% limit under this subsection
shall be allocated as follows:
(a) No more than 0.5% for customers with a system capable of
generating 20 kilowatts or less.
(b) No more than 0.25% for customers with a system capable of
generating more than 20 kilowatts but not more than 150 kilowatts.
(c) No more than 0.25% for customers with a system capable of
generating more than 150 kilowatts.
(3) Selection of customers for participation in the net
metering program shall be based on the order in which the
applications for participation in the net metering program are
received by the electric utility or alternative electric supplier.
(4) An electric utility or alternative electric supplier shall
not
discontinue or refuse to provide or discontinue electric
service
to a customer solely for the reason that because the
customer participates in the net metering program.
(5) The net metering program created under subsection (1)
shall include all of the following:
(a) Statewide uniform interconnection requirements for all
eligible
electric net metering generators. The interconnection
requirements shall be designed to protect electric utility workers
and equipment and the general public.
(b) Net metering equipment and its installation must meet all
current local and state electric and construction code
requirements. Any equipment that is certified by a nationally
recognized testing laboratory to IEEE 1547.1 testing standards and
in compliance with UL 1741 scope 1.1A, effective May 7, 2007, and
installed in compliance with this part is considered to be eligible
equipment. Within the time provided by the commission in rules
promulgated under subsection (1) and consistent with good utility
practice, protection of electric utility workers, protection of
electric utility equipment, and protection of the general public,
an electric utility may study, confirm, and ensure that an eligible
electric
net metering generator installation at the customer's site
meets the IEEE 1547 anti-islanding requirements. Utility testing
and approval of the interconnection and execution of a parallel
operating agreement must be completed prior to the equipment
operating in parallel with the distribution system of the utility.
(c) A uniform application form and process to be used by all
electric utilities and alternative electric suppliers in this
state. Customers who are served by an alternative electric supplier
shall submit a copy of the application to the electric utility for
the customer's service area.
(d)
Net metering customers with a system an eligible net
metering generator capable of generating 20 kilowatts or less
qualify for true net metering.
(e)
Net metering customers with a system an eligible net
metering generator capable of generating more than 20 kilowatts
qualify for modified net metering.
(6) Each electric utility and alternative electric supplier
shall maintain records of all applications and up-to-date records
of
all active eligible electric net
metering generators located
within their service area.
Sec. 173b. (1) The commission shall establish a statewide
expanded capacity metering program by order issued not later than
180 days after the effective date of the amendatory act that added
this section. No later than 180 days after the effective date of
the amendatory act that added this section, the commission shall
promulgate rules regarding any time limits on the submission of
expanded capacity metering applications or inspections of expanded
capacity metering equipment and any other matters the commission
considers necessary to implement this part. Any rules adopted
regarding time limits for approval of parallel operation shall
recognize reliability and safety complications including those
arising from equipment saturation, use of multiple technologies,
and proximity to synchronous motor loads. The program shall apply
to all electric utilities and alternative electric suppliers in
this state. Participation in the expanded capacity metering program
is limited to public schools with more than 50 students, buildings
owned by or under the control of this state, and farms. The
expanded capacity metering program shall be designed for a period
of not less than 10 years. The commission may waive the
application, interconnection, and installation requirements for the
expanded capacity metering program for customers participating in
the net metering program under the commission's March 29, 2005
order in case no. U-14346.
(2) An electric utility or alternative electric supplier is
not required to allow for expanded capacity metering that is
greater than 1% of its in-state peak load for the preceding
calendar year. The electric utility or alternative electric
supplier shall notify the commission if its expanded capacity
metering program reaches the 1% limit under this subsection. The 1%
limit under this subsection shall be allocated as follows:
(a) No more than 0.4% for customers that are public schools.
(b) No more than 0.2% for the government of this state as a
customer.
(c) No more than 0.4% for customers that are farms.
(3) Selection of customers for participation in the expanded
capacity metering program shall be based on the order in which the
applications for participation in the expanded capacity metering
program are received by the electric utility or alternative
electric supplier.
(4) An electric utility or alternative electric supplier shall
not discontinue or refuse to provide electric service to a customer
solely because the customer participates in the expanded capacity
metering program.
(5) The expanded capacity metering program created under
subsection (1) shall include all of the following:
(a) Statewide uniform interconnection requirements for all
eligible expanded capacity generators. The interconnection
requirements shall be designed to protect electric utility workers
and equipment and the general public.
(b) Expanded capacity metering equipment and its installation
must meet all current local and state electric and construction
code requirements. Any equipment that is certified by a nationally
recognized testing laboratory to IEEE 1547.1 testing standards and
in compliance with UL 1741 scope 1.1A, effective May 7, 2007, and
installed in compliance with this part is considered to be eligible
equipment. Within the time provided by the commission in rules
promulgated under subsection (1) and consistent with good utility
practice, protection of electric utility workers, protection of
electric utility equipment, and protection of the general public,
an electric utility may study, confirm, and ensure that an eligible
expanded capacity generator installation at the customer's site
meets the IEEE 1547 anti-islanding requirements. Utility testing
and approval of the interconnection and execution of a parallel
operating agreement must be completed prior to the equipment
operating in parallel with the distribution system of the utility.
(c) A uniform application form and process to be used by all
electric utilities and alternative electric suppliers in this
state. Customers who are served by an alternative electric supplier
shall submit a copy of the application to the electric utility for
the customer's service area.
(d) Expanded capacity metering customers with an eligible
expanded capacity generator capable of generating 20 kilowatts or
less qualify for true expanded capacity metering.
(e) Expanded capacity metering customers with an eligible
expanded capacity generator capable of generating more than 20
kilowatts qualify for modified expanded capacity metering.
(f) Processes by which public schools or farms that are
expanded capacity metering customers, or their agents, can sell
excess electrical generation to public schools, state colleges and
universities, public libraries, and other select public entities
for use at publicly owned buildings within this state, as
determined by the commission.
(6) Each electric utility and alternative electric supplier
shall maintain records of all applications and up-to-date records
of all active eligible expanded capacity generators located within
its service area.
Sec. 175. (1) An electric utility or alternative electric
supplier may charge a fee not to exceed $100.00 to process an
application for net metering or expanded capacity metering. A
customer
with a system an eligible net
metering generator or
eligible expanded capacity generator capable of generating more
than 20 kilowatts shall pay all interconnection costs. A customer
with
a system an eligible net
metering generator or eligible
expanded capacity generator capable of generating more than 150
kilowatts shall pay standby costs. Standby charges for modified net
metering or modified expanded capacity metering customers on an
energy rate schedule shall be equal to the retail distribution
charge applied to the imputed customer usage during the billing
period. The imputed customer usage is calculated as the sum of the
metered on-site generation and the net of the bidirectional flow of
power across the customer interconnection during the billing
period. The commission shall establish standby charges for modified
net metering or modified expanded capacity metering customers on
demand-based rate schedules that provide an equivalent contribution
to utility system costs. The commission shall recognize the
reasonable cost for each electric utility and alternative electric
supplier to operate a net metering program and an expanded capacity
metering program. For an electric utility with 1,000,000 or more
retail customers in this state, the commission shall include in
that utility's nonfuel base rates all costs of meeting all program
requirements except that all energy costs of the program shall be
recovered through the utility's power supply cost recovery
mechanism under sections 6j and 6k of 1939 PA 3, MCL 460.6j and
460.6k. For an electric utility with less than 1,000,000 base
distribution customers in this state, the commission shall allow
that utility to recover all energy costs of the program through the
power supply cost recovery mechanism under sections 6j and 6k of
1939 PA 3, MCL 460.6j and 460.6k, and shall develop a cost recovery
mechanism for that utility to contemporaneously recover all other
costs of meeting the program requirements.
(2)
The interconnection requirements of the a net metering
program or expanded capacity metering program shall provide that an
electric utility or alternative electric supplier shall, subject to
any time requirements imposed by the commission and upon reasonable
written
notice to the net metering customer, perform testing and
inspection of an interconnected eligible electric generator as is
necessary to determine that the system complies with all applicable
electric safety, power quality, and interconnection requirements.
The costs of testing and inspection are considered a cost of
operating a net metering program or expanded capacity metering
program and shall be recovered under subsection (1).
(3) The interconnection requirements shall require all
eligible electric generators, alternative electric suppliers, and
electric utilities to comply with all applicable federal, state,
and local laws, rules, or regulations, and any national standards
as determined by the commission.
Sec. 177. (1) Electric meters shall be used to determine the
amount of the customer's energy use in each billing period, net of
any excess energy the customer's eligible net metering generator or
eligible expanded capacity generator delivers to the utility
distribution system during that same billing period. For a customer
with
a generation system an
eligible net metering generator or
eligible expanded capacity generator capable of generating more
than 20 kilowatts, the utility shall install and utilize a
generation meter and a meter or meters capable of measuring the
flow
of energy in both directions. A customer with a system an
eligible net metering generator or eligible expanded capacity
generator capable of generating more than 150 kilowatts shall pay
the costs of installing any new meters.
(2) An electric utility serving over 1,000,000 customers in
this state may provide its customers participating in the net
metering program or expanded capacity metering program, at no
additional charge, a meter or meters capable of measuring the flow
of energy in both directions.
(3) An electric utility serving fewer than 1,000,000 customers
in this state shall provide a meter or meters described in
subsection (2) to customers participating in the net metering
program or expanded capacity metering program at cost. Only the
incremental cost above that for meters provided by the electric
utility to similarly situated nongenerating customers shall be paid
by the eligible customer.
(4) If the quantity of electricity generated and delivered to
the utility distribution system by an eligible electric generator
during a billing period exceeds the quantity of electricity
supplied from the electric utility or alternative electric supplier
during
the billing period, the eligible customer shall be credited
by
their supplier of electric
generation service shall credit
the
eligible customer for the excess kilowatt hours generated during
the billing period. The credit shall appear on the bill for the
following billing period and shall be limited to the total power
supply
charges on that bill. Any For
the net metering program, any
excess kilowatt hours not used to offset electric generation
charges
in the next billing period will shall
be carried forward to
subsequent billing periods. For the expanded capacity metering
program, any excess kilowatt hours not used to offset electric
generation charges in the next billing period shall be carried
forward to subsequent billing periods, paid to the customer, or
sold under section 173b(5)(f), as determined by rules promulgated
by the commission under section 173b(1). Notwithstanding any law or
regulation, net metering or expanded capacity metering customers
shall not receive credits for electric utility transmission or
distribution charges. The credit per kilowatt hour for kilowatt
hours delivered into the utility's distribution system shall be
either of the following:
(a) The monthly average real-time locational marginal price
for energy at the commercial pricing node within the electric
utility's
distribution service territory, or for net metering
customers on a time-based rate schedule, the monthly average real-
time locational marginal price for energy at the commercial pricing
node within the electric utility's distribution service territory
during the time-of-use pricing period.
(b) The electric utility's or alternative electric supplier's
power supply component of the full retail rate during the billing
period or time-of-use pricing period.
Sec.
179. An The person who
owns or controls an eligible
electric
net metering or eligible
expanded capacity generator shall
own
owns any renewable energy credits granted for electricity
generated under the net metering program or expanded capacity
metering program created in this part.