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BPU refers petition from Vital Inc. and VC Renewables on REC eligibility for further deliberation
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Summary
The board referred a petition from Vital Inc. and VC Renewables seeking amendments to New Jersey's RPS rules to allow certain out-of-state solar to qualify for Class I RECs to further deliberation, citing timing rules and stakeholder input.
The Board of Public Utilities on Oct. 8 voted to refer a petition for rulemaking from Vital Inc. and VC Renewables, LLC that seeks to change New Jersey's Renewable Portfolio Standards (RPS) rules so that out-of-state solar generated within the PJM region, or delivered into it, could be eligible for Class I Renewable Energy Certificates (RECs) usable by third-party suppliers, TPS providers and Basic Generation Service providers to satisfy RPS obligations.
Staff said the petition was received Aug. 11, 2025 and published in the New Jersey Register on Oct. 6, 2025. Under the applicable petition-for-rulemaking procedures at N.J.A.C. 1:30-4.143, the board must, within 60 days, either take action on the petition or refer it for further deliberation. Staff recommended the board refer the matter for further deliberation and, as required by the rules, either render a decision within 90 days or obtain the petitioners' consent to additional time.
Staff framed the referral as allowing time for stakeholder input. The motion to refer carried on roll call with recorded affirmative votes from Commissioner Crystal Duluth (Yes), Commissioner Banes (Yes), and the president (recorded as 'Gulis Adobe') (Yes).
No substantive debate or alternative motions were recorded in the open session. Staff indicated there is likely to be "a lot of stakeholder input on this matter," and recommended additional time for deliberation; the board approved staff's recommendation and will proceed under the rulemaking timeline.
