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Volume XI, Number 259

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NJ BPU Extends the Deadline for Completing TREC Projects, but Remains Silent as to Timing of a Successor Program

On June 24, 2021, the New Jersey Board of Public Utilities (BPU) entered an order granting a blanket six-month extension to complete projects in the pipeline of New Jersey’s Solar Transition Incentive Program (TI Program), also known as the TREC program. Many TREC projects currently face a deadline of October 30, 2021, which itself represents a six-month extension of the original deadline of April 30, 2021. These projects now have a completion deadline of April 30, 2022. Completion in this context means (i) achieving commercial operation and (ii) submitting to the Office of Clean Energy “as built” drawings and other information.

Deadline to Complete TREC Projects Extended

Subsection (t) registrants (those projects located on a brownfield, an area of historic fill, or a landfill facility) were granted an extension to the later of April 30, 2022, or the date of the BPU order granting the specific project’s conditional certification. The BPU additionally granted all Community Solar Energy Pilot Program applicants a six-month extension for TI Program eligibility.

The order was responsive to numerous petitions filed by TI Program registrants requesting deadline extensions due to unexpected delays, including interruptions due to the global COVID-19 pandemic.

Timing of Successor Program Unknown

While additional time to meet TI Program deadlines may be welcome news to existing registrants, left unaddressed by the BPU was the timing of the adoption of a successor program. As we have noted before in our previous blog post, “Transitioning from the Transition: Questions Abound Regarding the New Jersey Successor Solar Program,” BPU staff has proposed the BPU issue an order closing the Transition Incentive Program after 30 days’ notice, notwithstanding the significant concerns expressed by solar energy industry leaders about the long-term replacement program recommended by BPU staff in April.

©2021 Norris McLaughlin P.A., All Rights ReservedNational Law Review, Volume XI, Number 179
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About this Author

James H. Laskey Corporate Business Attorney Norris  McLaughlin Law Firm New Jersey
Member

James H. Laskey is past Chair of the firm’s Business Law Group. His business practice is primarily transactional in nature, including mergers, acquisitions, licensing agreements for life science and technology companies, and product supply and distribution arrangements, especially for consumer products and manufacturing companies.

In addition to his business practice, Jim maintains a practice in administrative and government regulatory law, including public utility, telecommunications, energy, and antitrust issues. For more than ten years, he...

(908) 252-4221
Laura M. Miller Business Attorney Norris McLaughlin New Jersey
Senior Counsel

Laura Miller is a business attorney focusing her practice on administrative and government regulatory law in the public utility, telecommunications, cable television, and communications infrastructure industries.

Laura handles New Jersey Board of Public Utilities regulatory approval and compliance matters, municipal franchise renewals, public right-of-way access negotiations and agreements, compliance investigations, enforcement actions, and administrative law proceedings. She represents clients in...

908-252-4211
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