Crosswire: Distributed Energy Resources,
Missouri’s Renewable Energy Policy and
Local Land Use Ordinances
Robert S. Kenney, Chairman
Missouri Public Service Commission
P.O. Box 360
Jefferson City, MO 65102
(573) 751-4132
robert.kenney@psc.mo.gov
www.psc.mo.gov
The Missouri Bar Annual Meeting
September 19, 2013
Overview
Net Metering and Easy Connection Act
Renewable Energy Standard
Recent Cases
Babb v. Mo. Pub. Serv. Comm'n and City of
Clarkson Valley, Mo.
Boyles v. Mo. Pub. Serv. Comm'n and City of St.
Joseph, Mo.
Hague v. Mo. Pub. Serv. Comm'n and Trustees of
Highlands of Chesterfield.
Net Metering and
Easy Connection Act
What is net metering?
Who does the statute affect?
Net Metering and
Easy Connection Act
"'Net metering' [is the use of] metering
equipment sufficient to measure the difference
between the electrical energy supplied to a
customer-generator by a retail electric
supplier and the electrical energy supplied by
the customer-generator to the retail electric
supplier over the applicable billing period[.]"
Mo. Rev. Stat. § 386.890.2 (5) (emphasis added).
Net Metering and
Easy Connection Act
"'Retail electric supplier' . . . [is] any municipal
utility, electrical corporation . . . or rural
electric cooperative . . . that provides retail
electric service . . . ."
Mo. Rev. Stat. § 386.890.2 (7).
Net Metering and
Easy Connection Act
 "'Customer-generator' [is] the owner or operator of a qualified electric energy
generation unit which:
 (a) Is powered by a renewable energy resource;
 (b) Has an electrical generating system with a capacity of not more than one hundred kilowatts;
 (c) Is located on a premises owned, operated, leased, or otherwise controlled by the customergenerator;
 (d) Is interconnected and operates in parallel phase and synchronization with a retail electrical
supplier and has been approved by said retail electric supplier;
 (e) Is intended primarily to offset part or all of the customer-generator’s own electrical energy
requirements;
 (f) Meets all applicable safety, performance, interconnection, and reliability standards . . . ;
 (g) Contains a mechanism that automatically disables the unit and interrupts the flow of
electricity back onto the supplier's electricity lines in the event that service to the customergenerator is interrupted[.]"
Mo. Rev. Stat. § 386.890.2 (3) (a) – (g) (emphasis added).
Net Metering and
Easy Connection Act
"'Renewable energy resources' . . . [are]
electrical energy produced from wind, solar,
thermal sources, hydroelectric sources,
photovoltaic cells and panels, fuel cells using
hydrogen produced by one of the above-named
electrical energy sources . . ."
Mo. Rev. Stat. § 386.890.2(6)
Missouri's Renewable
Energy Standard
What is it?
What resources qualify?
How are solar resources treated?
Missouri's Renewable
Energy Standard
 In 2008, the citizens of the State of Missouri adopted by
initiative petition, commonly referred to as Proposition C, an
amendment that established Missouri’s Renewable Energy
Standard.
 Renewable Energy requirements to be generated or purchased:
2011 to 2013 = No less than 2%
2014 to 2017 = No less than 5%
2018 to 2020 = No less than 10%
2021 and beyond = No less than 15%
Mo. Rev. Stat. § 393.1030.1 (1) – (4).
Missouri’s Renewable
Energy Standard
 What is a renewable energy resource?
 Wind;
 Solar thermal;
 Photovoltaic cells/panels;
 Dedicated Crops;
 Cellulosic agricultural residues;
 Plant residues;
 Methane from landfills, from agricultural operations, or from wastewater
treatment;
 Thermal depolymerization or pyrolysis for converting waste material to energy;
 Clean and untreated wood;
 Hydropower (not including pumped storage) 10 MW or less;
 Hydrogen fuel cells;
 Other resources not including nuclear that become available at a later date and
that are approved by the Department of Natural Resources.
Mo. Rev. Stat. § 393.1025 (5).
Missouri’s Renewable
Energy Standard
 Two percent of the RES requirements must come from solar energy.
 Each electric utility must make available to its customers a rebate of at least
two dollars for each installed watt for solar electric systems sited on the
customer's premises.
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$2.00 per watt through June 30, 2014
$1.50 per watt July 1, 2014 through June 30, 2015
$1.00 per watt July 1, 2015 through June 30, 2016
$0.50 per watt July 1, 2016 through June 30, 2019
$0.25 per watt July 1, 2019 through June 30, 2020
$0.00 per watt beyond June 30, 2020
Mo. Rev. Stat. § 393.1030.1 and 393.1030.3 (as amended by HB 142,
effective August 28, 2013).
Recent Cases
Babb v. Mo. Pub. Serv. Comm'n and City of
Clarkson Valley, Mo.
Boyles v. Mo. Pub. Serv. Comm'n and City of St.
Joseph, Mo.
Hague v. Mo. Pub. Serv. Comm'n and Trustees of
Highlands of Chesterfield.
Questions?
Robert S. Kenney, Chairman
Missouri Public Service Commission
P.O. Box 360
Jefferson City, MO 65102
(573) 751-4132
robert.kenney@psc.mo.gov
www.psc.mo.gov