By an Initial Decision issued September 12, 2025, (C-2024-3051475) two Pa PUC Administrative Law Judges, Steven Haas and Joseph Brady sustained the complaint filed by TotalEnergies Distributed Generation USA, LLC (TotalEnergies) against PPL Electric Utilities Corporation (PPL). Todd Stewart of HMS Renewable Energy, Counsel for TotalEnergies argued that PPL’s demand for 25% non-refundable deposits from customer generators was illegal because: 1) it was a rate not approved by the Commission and thus determined not to be just and reasonable; and, 2) that it violated the Public Utility Code’s express prohibition against utilities requiring payment of rates in advance. 66 Pa. C.S. section 1305. The Initial Decision is subject to further action before the Commission and is not yet final. Nonetheless, this decision’s clear analysis of the law combined with the remedy of prohibiting PPL from demanding or imposing non-refundable deposits on customer generators until it seeks PUC approval should bring more certainty for developers of such projects.
