AEPS Act

Alternative Energy Portfolio Standards Act of 2004

On November 30, 2004, Governor Edward Rendell signed Act 213 into law. Generally, Act 213 requires that electric distribution companies and electric generation suppliers include a specific percentage of electricity from alternative resources in the generation that they sell to Pennsylvania customers. The level of alternative energy required gradually increases according to a fifteen year schedule found in Act 213. While Act 213, does not mandate exactly which resources must be utilized and in what quantities, certain minimum thresholds must be met for the use of Tier I , Tier II, and solar photovoltaic resources.

Act 213 - Link to Act 213 of 2004.

Act 35 - Link to Act 35 of 2007, which amended the Alternative Energy Portfolio Standards Act (new language).

Alternative Energy Portfolio Standards Act 114 of 2020

Final Implementation Order – The implementation of Act 114 of 2020. From the Public Meeting of May 6, 2021. Order entered May 6, 2021 and published in the Pennsylvania Bulletin on May 22, 2021. Docket No. M-2020-3023323.

Tentative Implementation Order - From the Public Meeting of January 14, 2021 at Docket No. M-2020-3023323.

Alternative Energy Portfolio Standards Act 40 of 2017

Secretarial Letter – In accordance with the Act 40 Final Implementation Order, electric distribution companies and electric generation suppliers seeking to qualify out-of-state solar photovoltaic credits are required to file a petition within sixty (60) days of the entry date of the Order or July 2, 2018. With this Secretarial Letter, dated May 16, 2018, the Commission is providing the additional procedural information.

Final Implementation Order - The implementation of Act 40 of 2017. From the Public Meeting of April 19, 2018. Order entered May 3, 2018 and published in the Pennsylvania Bulletin on May 19, 2018. Docket No. M-2017-2631527.

Joint Motion - At the Public Meeting of April 19, 2018, the Commission adopted a Joint Motion by Chairman Brown and Vice Chairman Place regarding the Implementation of Act 40 of 2017, establishing new qualifications for systems that qualify for the solar photovoltaic requirements under the state’s Alternative Energy Portfolio Standards Act. Docket No. M-2017-2631527.

Tentative Implementation Order - From the Public Meeting of December 21, 2017 at Docket No. M-2017-2631527. Joint Statement by Chairman Brown and Vice Chairman Place.

Alternative Energy Portfolio Standards (AEPS) Program Web Site

AEPS Website - The AEPS website provides a portal for the application and registration of alternative energy facilities that qualify for the AEPS program. It also assists in the management of AECs (Alternative Energy Credits) produced by small customer-owned generators and energy efficiency measures, and facilitates the trade of AECs from customer-owned generators and energy efficiency measures through a regional bulletin board.

AEPS Tier 1 Quarterly Adjustment

Act 129 of 2008, P.L. 1592, (Act 129) was signed into law on October 15, 2008. Section 5 of Act 129 added Section 2814 to the Pennsylvania Public Utility Code, 66 Pa. C.S. § 2814. Section 2814 expanded the types of sources that qualify as Tier I alternative energy sources under the AEPS Act to include specific categories of low impact hydropower and biomass energy. Section 2814 also required the Pennsylvania PUC to increase, at least quarterly, the percentage share of Tier I resources to be sold by EDCs and EGSs to reflect any new Tier I resources added as a result of this amendment. See66 Pa. C.S. § 2814(c).

Deadline Extension Secretarial Letter - AEPS Quarterly Adjustment Deadline Extension Secretarial Letter regarding the AEPS Compliance Obligation, dated August 9, 2016.

Error Notice Secretarial Letter - AEPS Quarterly Adjustment Error Notice Secretarial Letter regarding the AEPS Compliance Obligation, dated July 8, 2016.

Final Order - AEPS Quarterly Adjustment Final Order regarding the proceeding to evaluate transition to corrected non-solar Tier I Calculation Methodology. From the Public Meeting of October 6, 2016 at Docket No. M-2009-2093383.

Tentative Order - AEPS Quarterly Adjustment Tentative Order regarding the proceeding to evaluate transition to corrected non-solar Tier I Calculation Methodology. Public Meeting of August 11, 2016 at Docket No. M-2009-2093383.

Pricing for AEC Sales

List of Alternative Energy Credit Pricing - PDF document with pricing from 2007-2023.

Proposed and Final Rulemaking Order - 2016

Consolidated Case View – Link to review all filings, comments, orders, reports, and other documents associated with this Docket No. L-2014-2404361.

Secretarial Letter on the Process for Obtaining Commission Approval of Customer-Generator Status - Dated January 5, 2017. Pursuant to the Final Rulemaking Order of October 27, 2016, EDCs are required to submit to the Commission, for review and approval, all interconnection and net metering applications with nameplate capacities of 500 kW or greater. This Secretarial Letter, issued explains the process to be followed by the EDCs, pursuant to 52 Pa. Code Section 75.17. Docket No. L-2014-2404361.

Final Rulemaking Order – At the Public Meeting of October 27, 2016, the Commission voted to implement modified regulations related to the AEPS Act of 2004, following more than two years of public input, regulatory review and discussion. The Commission voted 5-0 to adopt the revised Rulemaking Order, which clarifies issues related to net metering, interconnection and compliance provisions. The 153-page order was originally approved by the PUC in February 2016, and then modified in June 2016, based on objections raised by the state’s Independent Regulatory Review Commission (IRRC). Docket No. L-2014-2404361.

Act 129 Change to AEPS Final Order

Consolidated Case View – Link to review all filings, comments, orders, reports, and other documents associated with this Docket No. M-2009-2093383.

Implementation Orders

Final Rulemaking Order - Implementation of the Alternative Energy Portfolio Standards Act of 2004. Public Meeting of September 25, 2008, at Docket No. L-00060180.

Implementation Order II - Public Meeting of July 14, 2005. Docket No. M-00051865.

Implementation Order - The implementation of the Alternative Energy Portfolio Standards Act of 2004. Docket No. M-00051865.

Standards for the Participation of Demand Side Management Resources

Act 213 includes demand side management, energy efficiency and load management programs and technologies among the resources eligible for participation in Pennsylvania’s alternative energy market. These standards govern the tracking and verification of DSM/EE measures and will also be used to measure and verify applicable DSM/EE measures used by EDCs to meet the Act 129 consumption and peak demand reduction targets.

Technical Reference Manual (TRM) Page - Link to the Technical Reference Manual page.

Net Metering

The Commission has published a final rulemaking order which promotes onsite generation by customer-generators using renewable resources and eliminates barriers which may have previously existed regarding net metering. The regulations also provide for metering capabilities that will be required and a compensation mechanism which reimburses customer-generators for surplus energy supplied to the electric grid.

Net Metering Order - Use of Third Party Operators - From the Public Meeting of March 29, 2012. Docket No. M-2011-2249441. 

• Order - Errata - At the Public Meeting of February 24, 2022, the Commission withdrew the policy statement.

EDC Annual Net Metering/Interconnection Report - Form (with instructions) to submit to the PUC for the reporting period from June 1, (Year) to May 31, (Year). Updated May 2020.

EGS Annual Reporting Requirements Memo - Electric Generation Supplier (EGS) Annual Reporting Requirements - Memo to licensed EGSs in Pennsylvania, dated September 26, 2013.

EGS Annual Net Metering Report - Form to submit to the PUC for the reporting period from June 1, (Year) to May 31, (Year).

Final Omitted Rulemaking Order (Net Metering) - From the Public Meeting of May 22, 2008. Docket No. L-00050174. These regulations were published in the Pennsylvania Bulletin on November 29, 2008 and are legally effective as of that date.

Final Rulemaking Order (Net Metering) - From the Public Meeting of June 22, 2006. Docket Nos. M-00051865 and L-00050174. These regulations were published in the Pennsylvania Bulletin on December 16, 2006 and are legally effective as of that date.

Interconnection Rules

The Commission has published a final rulemaking order which establishes regulations governing interconnection for customer-generators. The regulations have been drafted with a view towards promoting onsite generation by customer-generators using renewable resources, consistent with the over-arching goal of the Act. The regulations strive to eliminate barriers which may have previously existed with regard to interconnection while ensuring that interconnection by customer-generators will not pose unnecessary risks to the electric distribution systems in the Commonwealth.

Final Rulemaking Order - Reconsideration – From the Public Meeting held September 15, 2006. Docket No. M-00051865 and L-00050175. These regulations were published in the Pennsylvania Bulletin on December 16, 2006 and are legally effective as of that date.

Final Rulemaking Order - Interconnection Regulations - From the Public Meeting held August 17, 2006. Docket No. M-00051865 and L-00050175.

Technical Contacts

Interconnection Technical Contacts - List of technical contacts for utilities and the PUC. Dated January 2024.

PUC Contact Information – Contact the Bureau of Technical Utility Services’ Energy Planning Section at (717) 425-7584 or RA-AEPS@pa.gov

Application Agreements

The regulations regarding the Interconnection Standards provide that standard interconnection forms will be used and posted on electric distribution companies (EDC) websites. Docket No. M-00051865.

Interconnection Application Agreement - Order and final interconnection applications and agreements for Level 1 Review (Certified Inverter-based Units of 10 kW and under) and Level 2,3,4 Review (Generation up to 5,000 kW). From the Public Meeting held February 26, 2009. Docket No. M-00051865.

Interconnection Application Fees

A policy statement was adopted on Feb. 26, 2009, that sets forth the standard application fees for Level 1 through Level 4 for reviews of generating facilities and completion of the interconnection pursuant to the Commission's regulations of 52 Pa. Code 75.21-75.51.

Policy Statement - From the Public Meeting of Feb. 26, 2009. Docket No. M-00051865.
 

Net Metering & Interconnection Rules – Revisions

Secretarial Letter on the Process for Obtaining Commission Approval of Customer-Generator Status - Dated January 5, 2017. Pursuant to the Final Rulemaking Order of October 27, 2016, EDCs are required to submit to the Commission, for review and approval, all interconnection and net metering applications with nameplate capacities of 500 kW or greater. This Secretarial Letter, issued explains the process to be followed by the EDCs, pursuant to 52 Pa. Code Section 75.17.

On December 15, 2006, the Commission adopted net metering and interconnection rules in Chapter 75 of Pa. Code Title 52 that became effective on December 16, 2006. These rules were promulgated in compliance with the Alternative Energy Portfolio Standards Act (AEPS). The AEPS Act was amended with the passage of Act 35 of 2007, on July 17, 2007. Act 35 of 2007 amended several provisions of the AEPS Act, including those relating to the definition of customer-generator, the reconciliation mechanism for surplus energy supplied through net metering and the price paid for surplus energy. In an October 4, 2007 Secretarial Letter, the Commission requested comments regarding how the AEPS Act amendments should be reflected in net metering and interconnection regulations.

Alternative Energy Credit Program Administrator

On June 12, 2020, the Commission issued a Request for Proposals (RFP) to retain the services of a contractor who will perform certain functions necessary for the implementation of the Alternative Energy Portfolio Standards Act of 2004, as amended (“AEPS Act” or “Act”) (73 P.S. §§ 1648.1-1648.8 and 66 Pa.C.S. § 2814). The Alternative Energy Credits (AEC) Administrator verifies electric distribution company and electric generation supplier compliance with the minimum portfolio requirements of the Act, as well as a number of other functions related to the AEPS Act.

PA PUC RFP-2020-1 - Request for Proposals, dated June 12, 2020.

InClime was selected by the Commission as the AEC Administrator at the Public Meeting held on October 8, 2020.

The contract began on October 1, 2020 and will end on December 31, 2025.

Alternative Energy Fact Sheets

Alternative Energy & Economic Development in PA - A fact sheet that reviews the Alternative Energy Portfolio Standards Act and energy credits available in Pennsylvania.​

Using Alternative Energy at Home in Pennsylvania - This fact sheet describes how residential alternative energy can be connected to the electric grid.

AEPS Credit Compliance Summit

The PUC hosted an AEPS Credit Compliance Summit on June 17, 2010. The purpose of the meeting was to discuss the various roles in ensuring AEPS compliance and how the EDCs and EGSs can fulfill their AEPS obligations.

• Summit Agenda
• CEEP Opening Remarks
• Clean Power Markets
• PJM
• CEEP Quarterly Adjustment
• CEEP Sales Data

Secretarial Letter - Notice of the AEPS Credit Compliance Summit. Dated June 1, 2010.

Working Groups

PA Solar Projects

The PUC has adopted a policy statement to develop a process to overcome price uncertainty of solar alternative energy credits and address barriers that could prevent new solar projects. This policy statement establishes a solar project stakeholder working group composed of representatives from EDCs, EGSs, Commission staff, public advocates, solar aggregators, solar developers and other interested stakeholders. This working group is to explore and develop standardized contracts and other related documents for EDC purchase of SRECs from solar developers of both large- and small-scale solar projects. The working group is to meet at least semiannually and its efforts are to be published on this web page.

Meetings

Secretarial Letter - Secretarial Letter announcing the first meeting of the solar projects working group. Letter dated December 3, 2010. Docket No. M-2009-2140263.

Standard Contracts and Documents

The following proposed standard contracts and other documents are being published on this web page to facilitate the efforts of the solar project stakeholder working group.

Master SAEC Agreement - Change in Law example. Dated June 21, 2010.
Master SAEC Agreement - No Changes in Law example. Dated June 21, 2010.
SAG Solar RFP Rules - Dated June 21, 2010.
SAG Executive Summary - Dated June 21, 2010.

Final Policy Statement Order - Public Meeing of Sept. 16, 2010.
Proposed Policy Statement Order - Public Meeting of Nov. 6, 2009.
Publication in Pennsylvania Bulletin