Center for Biological Diversity, Inc. v. Public Utilities Com.

BACKGROUND

The supply of power generated by renewable systems is neither constant nor consistent. Solar panels, for example, may generate electricity only when the sun shines, and the amount of power they generate depends on the intensity of the sunlight. They “may generate less—or more—electricity than their owners need at a particular time. At night or on a cloudy day, for example, a utility customer with solar panels may need to draw additional electricity from the power grid. On a sunny morning, by contrast, the panels may generate more electricity than the customer needs, allowing the customer to export excess energy to the grid.” (CBD II, supra, 18 Cal.5th at p. 299.) The Legislature has required utilities to compensate eligible “customer- generators” for energy those customers export since the enactment of section 2827 in 1995. (§ 2827, subd. (b)(4)(A); CBD II, supra, 18 Cal.5th at p. 299; Legis. Counsel’s Dig., Sen. Bill No. 656, Stats. 1995 (1995–1996 Reg. Sess.) Summary Dig.) The program was expected to “encourage substantial private investment in renewable energy resources, stimulate in-state economic growth, reduce demand for electricity during peak consumption…