The Pennsylvania PUC granted in part and denied in part the petition from Energy Plus Holdings, LLC (EPH), Reliant Energy Northeast, LLC (REN), Green Mountain Energy Company (GMEC), Independence Energy Group, LLC d/b/a Cirro Energy (Cirro) (collectively, NRG Retail Affiliates) which had requested that the electric production from November 1, 2017 through Alternative Energy Portfolio Standards (AEPS) Act reporting year 2027 from MC1 Solar Farm, LLC (MC 1 Solar) be qualified as satisfying the Tier I Solar photovoltaic shares alternative energy credit (SAECs) obligations of NRG Retail Affiliates pursuant to contracts entered into prior to October 30, 2017 (Contract Petition).

Among the notable findings from the PUC's order is that an intermediary affiliated with a retail supplier and relied on by such supplier (in this case, NRG Power Marketing LLC, referred to as Energy Manager in the order) does not qualify for certain grandfathering that would otherwise be applicable to a licensed electric generation supplier (e.g. a retail supplier). The PUC also interpreted the meaning of "renewal" for grandfathering of existing contracts.

"In our review of the contracts between the NRG Retail Affiliates and Energy Manager, we concur that the original contracts were entered into prior to the effective date of Act 40. However, since the contracts renew annually for one-year terms, we find that only the last of each of the contract renewals prior to the effective date of Act 40 is appropriate to review for potential approval of credits for use to satisfy the NRG Retail Affiliates’ AEPS Tier I Solar PV share requirements," the PUC said

"Based on the foregoing, we find that, NSTI credits generated by MC 1 Solar and transferred to the NRG Retail Affiliate via the last annual contract renewal prior to the effective date of Act 40 with Energy Manager, are eligible to be used to meet its AEPS Act Tier I Solar PV share obligations of the NRG Retail Affiliate," the PUC said

However, the PUC said that, "We find that the contract between MC 1 Solar and Energy Manager [which has a longer term] is not controlling as neither MC 1 Solar nor Energy Manager are an EGS serving load in Pennsylvania."

"None of the NRG Retail Affiliates are party to this SAEC Purchase Agreement between MC 1 Solar and Energy Manager. As such its terms and conditions do not apply to the NRG Retail Affiliates, which only have one-year Services Agreements with Energy Manager that renew every year," the PUC said

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See the PUC's order for a full discussion of the petition and other findings