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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.
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. “
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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.
Taxes
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’s
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.
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