10.2.20 - Status of PAYS & TOB Regulatory Proceedings and Legislation
Updated: Oct 26, 2020
Commission Proceedings that have approved Pay As You Save® (PAYS®) or Compatible Tariffed On-Bill programs: New Hampshire
NHPUC Order 23574, 11/1/00 (discusses Pay As You Save® and why it should be considered, page 18, Section G)
NHPUC Order 23758, 8/7/01 (rules that NHPUC has the power to allow PAYS charges to run with the location and allow utilities to disconnect for non-payment of the charges)
NHPUC Order 23851, 11/29/01 (approval of the pilots designed by EEI and filed by two utilities: Public Service Company of New Hampshire and New Hampshire Electric Cooperative)
NHPUC Order 24417, 12/30/04 (requires both utilities to continue offering PAYS programs over their objections and that of other NH utilities)
HPUC Order 22974, 10/24/06 (initiates an investigation regarding implementation of the Hawaii Legislature’s Act 240, which requires Hawaii utilities to operate PAYS programs, and cites the Commission’s authority to do so)
HPUC Order 23531, 6/29/07 (approves Solar Water Heating PAYS tariffs for four Hawaii utilities with a notable statement on disconnection for non-payment for PAYS charges as sound public policy, p. 35)
HPUC Order 30974, 2/1/13 (made Hawaii the first state in the nation to authorize tariffed on-bill programs statewide, stating a preference for tariffed-based on-bill programs over loan-based programs, pp. 30 – 31)
KCC Order, Dockets No. 07-MDWG-784-TAR and 07-MDWE-788-TAR, 8/16/07 (approves Midwest Energy’s filing for a PAYS tariff for its How$mart® program)
KCC Order, Docket Nos. 07-MDWG-784-TAR and 07-MDWE-788-TAR, Reconsideration, 12/20/07 (reconsiders its 8/16/07 order and re-approves its decision to authorize Midwest Energy to offer a PAYS Tariff with disconnection for non-payment)
KYPSC Case 2010-00089, 12/16/10 (order approving PAYS pilot programs serving 200 – 300 customers split among for four public power utilities)
APSC Docket No. 15-106-TF Order No. 2 Ouachita, 2/8/16 (approves PAYS tariff for Ouachita Electric Cooperative Corporation noting it as an …innovative approach to achieving significant energy efficiency improvements in hard-to-reach segments of Ouachita’s member-owner base. p.10)
MPSC Report and Order, File No. EO 2019-0132, 12/11/19 (Commission ordered that its approval of Evergy Missouri Metro’s and Evergy Missouri West’s (formerly Kansas City Power & Light) Missouri Energy Efficiency Investment Act [MEEIA] programs was contingent on the companies implementing a one-year PAYS pilot program of not less than $10 million or more than $15 million [p. 26]. If Evergy utilities implement a PAYS pilot as ordered, it will be the first new investor-owned utility PAYS program since Hawaii’s 2004 Solar Saver Program.)
MPSC Order Approving Stipulation and Agreements, File No.EO-2018-0211, 8/5/20. In the Matter of Union Electric Company d/b/a Ameren Missouri’s 3rd Filing to Implement Regulatory Changes in Furtherance of Energy Efficiency as Allowed by MEEIA.
The Tennessee Valley Authority (TVA) approved the tariff.
5/20. GA PSC Docket NOS. 42310 and 42311 approved Georgia Power’s $5M Income Qualified Tariff-Based Energy Efficiency Pilot using the PAYS® system (1 yr, $5M)
Commission Proceedings that are actively in some stage of due diligence on PAYS® or in which multiparty settlements relating or relevant to PAYS have been submitted or approved: Minnesota
9/20: OAH Docket No. 8-2500-36579 MPUC Docket No. G-008/GR-19-524 CenterPoint Energy Minnesota Gas and the City of Minneapolis submitted a joint stipulation to the MN PUC agreeing on terms of a settlement for Tariffed On-bill Financing Program (3 yrs, 3000 homes)
9/20: CPUC Proceeding Number R2008022 established by an Order Instituting Rulemaking to Investigate and Design Clean Energy Financing Options for Electricity and Natural Gas Customers with scope that includes TOB and objectives that can only be fully achieved with TOB. Appears aimed to create a unified approach to all clean energy financing using PAYS (or equivalent) overseen by the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA).
7/20. Docket No. E-2, Sub 1219 and Docket No. E-7, Sub 1214. A multiparty settlement was filed with the NCUC by Duke Energy, NCSEA, SELC, NRDC, NCJC, NCHC, SACE: “Within six months of the effective date of this agreement, the Stipulating Parties agree to collaborate to design a tariffed on-bill pilot program which shall include a Pay-As-You-Save® or other mutually agreeable alternative program design….” [and] “Within 18 months of the effective date of this agreement, DEC [Duke Energy Corporation] agrees to either (1) file the pilot for approval with the Commission, provided the Stipulating Parties mutually agree to the terms of the pilot program that is not less than three years in length and, in conjunction with the concurrent commitment of DEP, includes no fewer than 700 but no more than 1000 residential customers, or (2) file a status report with the Commission in these rate case dockets.”
3/20. WUTC DOCKETS UE-190334, UG-190335, and UE-190222 (Consolidated). Approved and Adopted a Partial Multiparty Settlement Stipulation between AVISTA CORPORATION, d/b/a AVISTA UTILITIES and state and NGO stakeholders including a section in which “the Parties have agreed to a plan for the development of an on-bill repayment or financing program for residential and small business customers.” As of 9/20, both Avista and its Energy Efficiency Advisory Group were leaning toward PAYS.
Legislative Approval of TOB such as PAYS® Virginia 4/20. The VA legislature unanimously approved SB 754,in which the Code of Virginia is amended by adding a section numbered 56-585.5 On-bill tariff program; electric cooperatives which grants rural electric cooperatives State Corporation Commission preapproval for on-bill tariff energy efficiency programs.