Discriminatory rooftop solar charges may violate antitrust law
Discriminatory rooftop solar charges may violate antitrust law
The U.S. Department of Justice has argued that in Arizona, a utility’s discriminatory charges for rooftop solar owners can be “unlawful.” The Center for Biological Diversity also supported the four rooftop solar owners whose lawsuit has progressed, arguing the legal significance of Arizona’s renewables goals.
Equal Protection
Beyond alleging a violation of antitrust law, Ellis and the three other rooftop solar owners also argued that SRP’s practice of charging solar owners more for their electricity violates the Equal Protection Clause of both the U.S. Constitution and the Arizona Constitution.
The solar owners said in their lawsuit that customers have “the right to be charged for services equally based on the amount of electricity consumed, regardless of whether a customer chooses to supplement their supply of electricity with solar technology.”
While the federal district court dismissed this claim, the “friend of the court” brief from the citizens’ groups supported this equal protection argument. Jointly submitting the brief with the Center for Biological Diversity, whose attorneys wrote the brief, were Food and Water Watch, Friends of the Earth, Institute for Local Self-Reliance, and NC Warn.
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News from: pv-magazine-usa.com
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