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Legal Position

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Buzalski vs GeoPeak Electric

GeoPeak Energy

geopeak commits Fraud

A Message to the Pemberton Borough, NJ Council

August 4, 2017

Councilmen of Pemberton Borough, I present this to express my concerns about the performance of this body.  Specifically I shall address your Electric Code (EC) which because of its deception, is fraudulent.

First, I should point out to the community that there is no budget for the borough offices power usage.  Why? the power used isn’t measured and it therefore becomes an unseen overhead paid by the residents of this community through their electric bills.

Second, the Borough Council takes large sums of money from the Pemberton Borough Electric Company (PBEC) profit and transfers it to the general ledger to subsidize the budget.  This avoids covering these expenses with property taxes.  By so doing they  defraud the members of the community by depriving them of their right to deduct that money from their income tax through property tax deductions.

Third, The Borough renewable policy as defined by the Pemberton Borough Electrical Code (EC) is incomplete. deceptive and fraudulant. The document states that a meter will be supplied to a PURPA (Public Utilities Regulatory Policy Act) qualifying facility by the PBEC.  The method of installation is omitted.  It states that there will be Excess electricity, that is, electricity that the PURPA facility makes but is unable to use and therefore delivers to the PBEC .  In truth, because the Electric code is silent on how their meter will be installed, the practice is to install the utility meter and solar utility meter in Parallel when attached to the PURPA system.  This practice does not take Excess electricity.  It takes ALL the energy produced.  That is Fraudulant because it is never stated or even implied in the EC

At the instruction of this Body, the PBEC pays half or less of the cost of generation for that electricity it receives from what it calls a PURPA qualified source. Yet by definition in the act, the PURPA qualified facility shall be paid the PURPA's “avoided cost”.  But when power is returned to the PURPA the PBEC charges the full retail price.  As a result the PBEC is charging the PURPA 28˘ or more and not 22˘ per kwh.  Since the Electric Company paid a fraction of their normal cost for that electricity they appreciate a profit of at least 17˘ per kwh for all the energy received from a PURPA qualified device. 

If the PBEC solar billing meter is installed in Series with the PURPA qualified system as stated by the Borough Electrician, the facility is able to make use of as much as 20% of the generated power. What is unused goes in the reverse direction through their original Utility Billing Meter which sums it to the energy entering the PURPA qualified residence from the grid thus charging the PURPA system 22˘ per kwh delivered to the grid while paying the PURPA their reduced rate for all the energy produced, not the energy going to the grid.

Once the PBEC was convinced of their error, they changed the utility meter to a bidirectional meter reading energy flowing into and out of the PURPA qualified system.  They still pay 5˘ per kwh for what they receive and the PURPA qualified system is still only able to use 20% of the power generated. The way a Grid Tied Solar system is supposed to work is that Energy supplied to PBEC is returned “in kind” or they effectively pay the “avoided cost” for the power as defined by the PURPA.  This ultra conservative Council prefers to treat their residents with a complete lack of respect. They take joy in doing so because, in their words, "they can do anything they want to do".

Fourth, the intentional lack of clarity in the electrical code in my view is a fraudulent action.  This resident has not only spent $25000 for the solar system but $50,000 in legal fees because the Installer committed fraud when he quoted and provided the system in the first place, telling this resident he had a work around for the prohibition of “a reversing meter” also known as a “Net Meter”.  He didn’t.  This resident's only solution is to spend another $30,000 to convert the solar installation to a Grid Assist installation by installing a whole house battery backup to store the unused power when it is generated rather than supplying it to the grid.

Fifth, The council should either correct the fraudulent code or flat out prohibit the installation of any PURPA Qualifying device in the Borough. Alternatively the code should  clearly state that the PBEC will take all the power generated and pay 5˘ for it. The proper installation and type of meter should be specified so the resident and installer will fully understand the Borough’s intent.  If PBEC is going to take all the energy, state that clearly in the EC.  If PBEC is going to use a bidirectional meter, state that clearly in the EC.  Remove the term Excess and simply state that ALL energy entering the grid from the PURPA will be purchased and NOT returned in kind.

It is my hope that the Pemberton Borough Council will look at their past performance and take corrective action to prevent future problems for their residents and to support those in the community who would like to reduce their carbon footprint or have an Uninterruptable Indoor Power Backup for their home.  The only reason the borough has for not changing the EC is so they can continue to tax their citizens using inappropriate and inequitable tools provided by that document.


Bruce Buzalski

39 Simpkins Lane, Pemberton, NJ 08068