Public Service Commission sends EV-charging rule back to staff for targeted clarification

The Public Service Commission voted to remand portions of its EV-charging general order to staff for targeted clarification and a short comment period, responding to a joint motion from several utilities that said some language could be read to prohibit utilities from owning chargers for fleet or on-site, and to create ambiguity around self-generation and net-metering rules.

Commissioner Lewis pressed staff on the key definitions, asking whether the order as written would bar utilities from charging their own fleets. Staff told the Commission the order defines an EV charging station as an entity that purchases electricity from a utility and furnishes it to the public; staff said utilities may still seek exemptions if ownership of chargers serves the public interest. "If any of the utilities wanted EV charging to have an entire fleet of their own trucks that's not prohibited under the current rules," staff said.

Utility representatives said the words matter. "Section 601 by itself needs some refinement to make it clear that the commission doesn't want to preclude me from owning and operating an EV charger at my fleet locations," one utility lawyer said, urging a limited reopening to review two specific sections. Another intervenor, representing fuel retailers and industrial energy buyers, said the net-metering rule likely provides an avenue for on-site generation to be used for charging but said the interaction between orders remains unclear in places.

Commissioners agreed to send the matter back to staff to prepare tracked-language edits, circulate them to interveners for comment and return with a proposed revision. Lauren Evans of staff estimated the work could be completed within about 45 days, with the Commission aiming for a vote by the December meeting. The Commission framed the remand as limited to the specific wording concerns raised by the joint motion, not a reopening of the entire rulemaking.

Why it matters: The Commission's language determines whether utilities or their affiliates can develop fleet or commercial EV infrastructure, and whether onsite solar-plus-storage used at retail or fleet locations is treated as "self-generation" or resale. That distinction affects how projects are financed and whether federal or state subsidy programs can be used. The remand aims to resolve conflicting textual readings while keeping the broader policy direction intact.

What happens next: Staff will draft proposed language changes on the two targeted sections, circulate them to interveners for comment and return to the Commission for final action, with an intended December meeting vote if the schedule holds.