The Massachusetts DPU issued an order finding that the owners and operators of electric vehicle supply equipment (EVSE), including EV charges, are not subject to the Department’s jurisdiction as a distribution company or an electric company.

"[T]here are no other provisions of Chapter 164 under which the Department could assert authority over owners and operators of EVSE or EV charging service," the DPU said.

"[T]he provision of EV charging service is not within the Department’s jurisdiction," the DPU said.

The DPU also acknowledged that utilities may have competitive advantages in deploying EV charging services, but did not adopt a blanket prohibition on utility participation in this business. Instead, to the extent utilities wish to offer EV charging to the public, they must apply at the DPU, and show such offering is in the public interest, unlikely to be met by competitive developers, and will not hinder the development of the competitive EV charging market.

The DPU also expressed its view that EV-specific rates should be developed, but deferred the issues to stakeholders

See the DPU's order for more