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BPU approves co-location waiver for Phillipsburg solar and re-adopts renewables rules; refers out-of-state REC petition for further review
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Summary
The board granted a waiver allowing a 2.601 MW community solar project to co-locate next to an existing 4.992 MW project in Phillipsburg, re-adopted Chapter 8 of NJAC to preserve program continuity, and referred a Vitol petition on out-of-state REC eligibility for further deliberation (extended deadline to Apr. 18, 2026).
The New Jersey Board of Public Utilities on Dec. 17 granted a waiver to allow co-location of community solar projects at a Phillipsburg landfill, re-adopted long-running renewable-energy rules, and referred a rulemaking petition from Vitol that would change the eligibility of out-of-state solar to serve as a basis for New Jersey Class 1 renewable energy certificates.
Presenter Sawyer (board staff) explained that the administratively determined incentive (ADI) program restricts combined capacity for co-located community solar projects to 5 megawatts; Active Solar Development requested a waiver for a proposed 2.601 MW project adjacent to an existing 4.992 MW community solar installation. Staff concluded the record shows good cause and recommended granting the co-location waiver; the board approved the recommendation.
Commissioner (identified in the transcript as Commissioner 4) expressed a recurring concern about re-adopting NJAC Title 14 Chapter 8 for seven years without frequent, holistic review. The commissioner urged staff to coordinate program updates and review audited project cost data so ratepayer benefits from economies of scale can be passed through rather than solely increasing developer profits. Board staff responded that future stakeholder proceedings are planned.
Separately, staff recommended re-adoption of Chapter 8 (the regulatory framework governing renewable energy development, incentives, net metering and interconnection) without changes to ensure continuity while staff develops proposals for targeted updates; the board approved staff’s recommendation.
On rulemaking, Vitol and VC Renew filed a petition to amend eligibility for Class 1 renewables so that out-of-state solar generated within the PJM region could serve as the basis for New Jersey Class 1 RECs. Staff noted the petition had been referred previously and that the petitioner consented to extend the decision deadline by 100 days; the board referred the matter for further deliberation with the extended deadline of April 18, 2026.
The board’s actions keep program continuity in place and allow staff time to review program changes and cost data as recommended by commissioners and stakeholders. Board minutes indicate staff will continue stakeholder engagement and future reviews of the programs.
