An important win for HMS Legal and developers of renewable energy projects. The PUC decided a case involving deposits required by PPL Electric for interconnecting customer generators to its distribution system. PPL’s tariff and materials provided to developers did not provide for deposits and so in the spring of 2025, when PPL demanded that the deposits were now required and that they would be non-refundable, Total Energies, the Complainant in this matter, objected and filed a complaint and a Petition for interim emergency relief (similar to an injunction), with the Pa PUC. Total, represented by Todd Stewart from HMS Legal, was successful at in winning an injunction to last until the PUC finally decided the issue. The case then went to hearing, and Total won again, with the ALJ’s finding that PPL’s deposit demands constitute rates under the Public Utility Code and must be tariffed and approved, and violate section 1305 of the Code that prohibits deposits that have not been approved by the Commission. PPL filed exceptions to the ALJ decision and in a 5-0 decision issued July 1, 2026, the PUC affirmed the ALJs and sustained Total Energies’ complaint.
TotalEnergies Distributed Generation USA, LLC v. PPL Electric Utilities Corporation; PUC Final Opinion and Order Sustaining Complaint
