Roundup of key developments in competitive retail energy markets around the country.

Connecticut (finally) issues decision on 2024 RPS compliance. PURA in Connecticut issued the long-delayed final decision on suppliers' 2024 RPS compliance, including the ACP obligations outstanding by supplier, on May 13. The companies subject to the RPS, including 33 electric suppliers and the two electric utilities, served aggregated load in Connecticut of approximately 24.9 million MWh. Of the 35 companies, 20 satisfied their RPS obligations for at least 1 class, but not all 3, by procuring and settling RECs. Five companies satisfied their RPS obligations for all 3 classes by procuring and settling RECs and 10 companies served no load and, therefore, did not have any RPS obligations. The aggregate renewable source deficiency for the 20 companies that did not fully fulfill the RPS requirements for one or more classes results in an assessment of $37,652,627 in ACP, which must be paid by June 10.

Pennsylvania House Consumer Protection Committee advances auto-renewal ban for fixed rate contracts. On May 6, an amended version of HB 2131 was reported favorably by the Pennsylvania House Consumer Protection, Technology, and Utilities Committee. This bill would ban auto-renewals for fixed-rate retail electric contracts for residential and small commercial customers. Additionally, the bill requires renewal notices to include a price comparison to default service in cents per kWh at specified usage levels and customers must affirmatively consent to continue service after contract expiration or be returned to default service.

Ohio updates Percentage of Income Payment Plan (PIPP) rider rules. On May 13, the PUC of Ohio adopted new rules under Ohio Adm. Code Chapter 4901:1-44 establishing the PIPP rider as the replacement for the Universal Service Fund rider, per a new state law. The rider will recover low-income assistance, program, and administrative costs, allocated based on distribution revenues, with utilities required to remit payments annually and rider changes becoming effective after 45 days if not modified by PUCO. For suppliers, this order creates a competitive auction process to serve PIPP customers, requiring initial bids below the standard service offer, allowing supplemental auctions, and generally limiting contracts to 12 months.

Community solar-related bill in Maine becomes law without Gov. Mills’ signature. Without a signature or veto from Maine Gov. Mills but by the statutory deadline, LD1966 has become law in the Pine Tree State. As a result, the Maine PUC will initiate a competitive solicitation for 4MW of energy from 200kW or smaller distributed generation (DG) resources placed in service on or after August 1, and which are wholly owned by customers or a co-op that provides discounts to offset customer electricity bills. The MEPUC must also adopt billing and disclosure standards for DG resources with customers in net energy billing (NEB) arrangements based on shared financial interest and amend its rules to allow participation in more than one shared financial interest NEB agreement when a residential customer has an ownership interest.

Maryland clarifies net metering application requirements. In an order responding to a report by the Net Metering Working Group, the Maryland PSC said that interconnection and community solar subscriber organization ID (SOID) applications must be concurrent but will not require financial deposits. The MDPSC also clarified that when the emergency regulations in Rulemaking No. RM94 go into effect they will be applied prospectively, negating the need for a cure period for interconnection applications filed in the meantime.

Michigan to update competitive procurement guidelines. Michigan’s recent legislation introducing a financial compensation mechanism for providers entering power purchase agreements has resulted in a significant increase in renewable procurement. This has led to concerns that the current guidelines need to be strengthened to do more than merely provide opportunities for third parties to bid into RFPs. The Michigan PSC agreed and issued an order establishing a new competitive procurement workgroup to expedite review and revision of the guidelines

A variety of Virginia energy legislation signed into law at the end of the legislative session. Energy-related bills that will be effective 7/1/26, include: (1) HB921, which allows third-party suppliers to service nonresidential customers with annual noncoincident peaks over 5MW; (2) HB590, which directs the State Corporation Commission (SCC) to establish the Smart Solar Permitting Platform for to automate residential solar energy system application processing and plan review and approval; (3) HB1467 requiring APCo to conduct a demand optimization pilot program, including at least 5MW of residential battery storage and up to 150MW of DERs; (4) SB251, directing the State Corporation Commission to evaluate incorporation of elements of a performance-based ratemaking regulatory framework; (5) HB1062, requiring APCo and Dominion to conduct a customer-incentive-based pilot program for electric energy conservation, solar energy generation, and energy storage resources for low-income, elderly, and disabled individuals; and (6) HB809 and HB807 expanding APCo’s and Dominion’s shared solar programs by 50MW and 525MW, respectively..

ERCOT has released its 2026-2032 preliminary long-term load forecast for Texas. The preliminary forecast, based on ERCOT’s base economic forecast and information T&D companies working with > 25MW customers, projects ERCOT demand to soar to ~368GW by 2032, over four times the all-time peak for the region.

Ohio issues decision on suppliers’ rehearing request on customer verification. On April 29, the PUCO granted in part and denied in part, RESA’s rehearing request, in PUCO Docket No. 25-0729-GE-ORD, in a proceeding to implement a provision of new state law HB15, regarding what customer account information is required to verify identify before switching from a utility to a retail supplier. RESA argued that requiring a customer-signed verification acknowledgment in addition to standard identity verification was unlawful, but PUCO rejected this claim, finding the requirement to be a reasonable exercise of its authority to prevent unauthorized switching. RESA also contended that PUCO failed to provide an adequate explanation for imposing additional verification requirements. However, the PUCO denied this argument, explaining that rulemaking is quasi-legislative and not subject to strict evidentiary justification requirements. Finally, RESA argued that the requirement for a sufficient alternative form of identification is vague, yet PUCO rejected this claim, stating that the flexibility is intentional, that acceptable identification should at least include a customer’s name and address, and that additional guidance can be provided in the future if needed. In this order, the PUCO modified the customer verification acknowledgment requirement, clarifying that the obligation to obtain a customer-signed acknowledgment applies only to direct, in-person solicitations, rather than all enrollment channels. Second, the PUCO revised the eligible-customer list requirement, allowing suppliers to rely on lists updated within the past 12 months.

Massachusetts approves new utility POR discount rates. On April 30, the DPU in Massachusetts approved National Grid’sproposed POR discount rates, effective May 1, as (1) 2.56% for residential customers, down from the current 2.68%; (2) (0.12)% for commercial customers, down from the current 3.69%; and (3) 1.30% for industrial customers, up from the current 1.02%. Separately the DPU also approved on April 30 new discount rates for Eversource: (4) 2.10% for residential customers, up front eh current 1.55%; (5) 0.58% for commercial customers down from the current 0.65%; and (6) 0.03% for industrial customers, down from the current 0.41%.

Con Edison proposes tariff changes to implement Bring-Your-Own-Battery Program. On April 29, utility Con Edison filedproposed amendments to its electric tariff for customers in New York City and Westchester County. The proposal modifies the existing Direct Load Control Program (Rider L) to include a new Bring-Your-Own-Battery (BYOB) program. A placeholder incentive rate of $0.00 per kW-year has been included and is expected to be updated once a performance-based incentive is established around June 15. The amendments would require participating customers to purchase, install, and enroll a control device while meeting applicable technology requirements. The proposal also introduces new definitions, including “Capability Period” and “Energy Storage System (ESS).” In addition, it clarifies when events may be called under the Distribution Load Relief Program and the Commercial System Relief Program. Further, the tariff revisions outline how performance-based incentives for ESS will be earned, measured, and paid when systems are enrolled through service providers. Finally, the proposal restricts customers enrolled in Rider L with an ESS from receiving Demand Reduction Value or Locational System Relief Value compensation under the Value Stack Tariff.