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2 pro-rooftop solar groups appeal district court ruling

CARSON CITY — Two pro-rooftop solar groups have appealed a district court ruling upholding Nevada’s new, less favorable net metering rates to the Nevada Supreme Court.

The groups Vote Solar and Earthjustice on Wednesday filed the appeal from a Carson City District case, saying they want to restore the original, more favorable rooftop solar rates for Nevada residents and solar companies.

The appeal stems from a decision earlier this year by the Nevada Public Utilities Commission to set a new rate structure for rooftop solar customers starting Jan. 1. The commission more recently voted to grandfather rooftop solar customers who had installed or applied for systems by Dec. 31, 2015.

But the new rates are in place going forward for new customers and have essentially ended the rooftop solar industry in Nevada.

The PUC decision was challenged by a number of groups in Carson City District Court. Judge James Wilson upheld the majority of the PUC decision, finding only that existing rooftop solar customers were inappropriately included in the new rates because there was a lack of notice.

The PUC decision to grandfather existing customers made his ruling on that issue moot.

But the pro-rooftop solar groups are challenging the remainder of Wilson’s decision upholding the rate class for new customers.

“Restoring net metering will bring consumer solar options, clean energy jobs, and the health benefits of solar back to Nevada communities,” said Jessica Scott, interior west regional director for Vote Solar. “We have a strong legal case for reversing the decision for future solar customers and look forward to having a full discussion of the facts at the Supreme Court.”

The groups said the PUC decision to create the new rate class has driven consumer solar investment to a virtual standstill, triggered significant job loss in the state, and undermined ratepayers’ ability to control energy bills, protect the climate, and reduce air pollution.

Contact Sean Whaley at swhaley@reviewjournal.com or 775-461-3820. Follow @seanw801 on Twitter.

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