Borough Of Pemberton (a resident's perspective) Hearthstone Pemberton Boro Solar Energy Pemboro
Issues and Remedies
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Ordinance 2013-1 & Response
 Ordinance 2014-1

2012.01.22 Gene Kingman
Geopeak SunPower Contract
Geopeak Energy

Equipment Supplier & Lessor

Sunpower Corporation
Contract Cencelation

Response to Council 4/15/2013
A Proposed Ordinance 8/29/2013
PB Fails to Comply with Code
Compliance & 10/31/2013 Letter
Open Letter 11/8/13
Open Letter 12/16/13
Open Letter 1/11/14
To the Council 2/19/2014
Borough Comes Clean
Request Approval of Batteries

My Position


Borough Legal Council

Communication from the Borough

My Story
Issues and Remedies
482-13 Powers of BPU

Net Metering from Betz & Holt
Geopeak Response to Betz & Holt
Message to councilmen of Pemberton Borough

No Communication Received

Referenced Documents

GeoPeak Proposal
Sunpower Solar Lease
PBEC Original Agreement
PBEC Revised Agreement
2013 Power Monitoring
2015.03 Power Monitoring
2015.or Power Monitoring
NJ Clean Energy Document
Pemberton Borough Code 90

Legal Position

My Story

Buzalski vs GeoPeak Electric

GeoPeak Energy

geopeak commits Fraud

Geopeak Energy
(Heather Keim: project manager)

The Contract for the lease defines Geopeak Energy as the installer and charges them with checking the feasibility of the installation. The following is from the contract. I feel they are in violation of this clause.

When the Dealer/Installer is satisfied that the installation and operation of the System at the Premises is feasible and any necessary zoning, land use or building permits are received, the Dealer/Installer will begin the installation of the System.”

The Installer was advised that SunRun had refused the installation because of the Borough’s restrictions. Geopeak’s salesman stated that the Borough had been contacted and a remedy found. He declined to disclose who he had contacted nor what the remedy was. This was not documented in writing.

Borough of Pemberton

Pemberton Borough has spent time and money to hone their Electric Code such that they feel comfortable in purchasing all the energy that goes into the Grid at a decreasing rate documented in their proposed Ordinance 2014-1. That document also removes the word EXCESS from the code description but not from the Title. The following is the current wording.

§ 90-12 Purchase of excess generation.

A. Pemberton Borough and resident-customer shall enter into an agreement that addresses all purchase and payment obligations. The Borough of Pemberton shall only be required to purchase from PURPA qualifying facilities, pursuant to 18 CFR Section 292.300.

B. Rates for the purchase of excess energy from the PURPA qualifying facility shall be based upon the Borough of Pemberton's avoided cost. The avoided cost shall be calculated so that it takes into account the all inclusive cost of energy, including capacity costs, availability, dispatchability, load limitations, operating contingencies, or limitation, energy costs, and administrative costs. If the Borough of Pemberton does not require capacity and would receive no benefit from the addition of capacity, the Borough of Pemberton shall only pay for the avoided cost of energy, excluding all capacity costs.

Pemberton Borough did not present a contract until after the system was installed on July 17, 2012. Once it was inspected but before connecting it to the grid, the contract was mailed to me and promptly rejected. It took 3 months but they finally rewrote the contract. In that document it states:

G. Owner Acknowledgment

The System has been installed to my satisfaction and I have been given System warranty information and an operation manual.

I have been informed that my PV or Wind System is not eligible for net metering.

I have been provided with a copy of the applicable Borough's rates and interconnection standards adopted by ordinance of the Borough of Pemberton Council. “



Pemberton Borough’s Electrician Installed the second meter on December 17, 2012 and the system began to provide electricity. Over the next 6 months it was determined through measurements that all the electricity produced was going to the grid and being purchased by the Borough. They sent a check for ~$500 in July for the first 6 months of production. They paid 9˘ per kWh but I had to purchase it back at 22˘. My monthly bill is more than $200.

With the assistance of Geopeak, further testing was done to determine why I wasn’t using the electricity generated. By October of 2013 we had determined that placing the second meter in parallel with the main meter caused all the produced energy to go to the grid. Removing that meter and measuring performance we discovered that the home did use the produced solar and that the energy that could not be consumed was sent to the grid. The current flow was measured and confirmed that both positive and negative readings were taken. However, the meter displays the positive total energy (summing both directions). I was being charged 22˘ for every kWh the system sent to the grid.

Geopeak contacted one of the Borough Electricians and asked how the meters were to be installed. The electrician stated that the meter should be in series with the generator and the main meter. Geopeak wired the system that way. I turned it off in October so that I would not incur inappropriate expense.

The Borough does not specify in their code how the meters are to be installed. Using either of the two wiring schemes, they measure all of the energy produced. It is their intention that any energy going to the grid be considered EXCESS. That is never defined in their Code. They do not define how to measure that energy while allowing the home to use the energy produced. Their code is incomplete and unclear. They state that they will purchase EXCESS energy. EXCESS would be considered the Industry standard definition lacking any other.


The borough makes a considerable profit from the operation of the electric department. They purchase the energy at 11˘ and sell it at 22˘. The profit goes into the general fund and is therefore rightfully considered taxation. This is a burden to the residents and non profits. It may be considered as illegal taxation of those non profits. I have had direct contact with two of these organizations and both would readily switch to Solar if the code were changed. We see no evidence of the electric rates being reduced by half as their costs decrease.


Remedy 1: Install a NET meter and be in compliance with the laws of the state of New Jersey. However because the Pemberton Borough Electric Department is not responsible to the BPU they “can do anything they want”.

Remedy 2: Take the solar panels off the grid by installing a battery array and an automatic switch connecting the system to the grid. This is a costly remedy but would be less expensive than litigation. We might negotiate with Geopeak to share the cost of that Remedy rather than undertake a suit because of their failure to perform prior to installation. With this remedy I may no longer be eligible for Srec’s. Since that is barely 1˘ per kWh and is therefore not an issue.

Remedy 3: Remove the system completely and return the lease payment.