Here's Mr. Hommrich's argument, as quoted in the Pennsylvania Record (Nicholas Malfitano) early last year:
"Plaintiff Hommrich is a pioneer in the development and production of solar energy within the Commonwealth, and his company has worked to further develop the use of solar energy as a sustainable and environmentally prudent alternative energy resource in Pennsylvania. Plaintiff's company is a legally compliant, qualified customer-generator that participates in a net-metering program – a program through which utility companies purchase excess (or 'net') solar energy produced by the company at retail value and use such surplus as an alternative energy source for electricity," the suit stated.
"Plaintiff was a successful party in the 2021 Supreme Court of Pennsylvania ruling that affirmed the Commonwealth Court's holding that the Public Utility Commission exceeded the scope of its regulatory authority, by issuing regulations which limited the eligibility of otherwise qualified participants in a net-metering program, and such restrictions were in direct contradiction with the plain meaning and purpose of the Alternative Energy Portfolio Standards Act. Per the Court's ruling in Hommrich, 'The PUC's definitions restrict the field of qualifying participants [in the net-metering program] and, in the process curtail the development of alternative renewable energy in the Commonwealth."
The suit continues the Hommrich decision "contained no mention of any ambiguity or inconsistency within the AEPS Act, no allusion or implication that the Court's ruling regarding the Act thus created a 'loophole,' enabled exploitation of the law, or other similar verbiage; rather, the Court deemed the plain meaning of the terms defined within the Act were unequivocal, and the PUC's modified definitions constituted a violation of its regulatory authority under the Act."
"On Oct. 3, 2023, at 3:18 p.m., defendant published a memorandum to all Senate members titled, 'Renewable Energy & Warehouse Solar Procurement Act.' The memorandum provides that defendant intends to introduce legislation to address perceived gaps in the AEPS Act 'upon the recommendation of the Public Utility Commission,' thus closing the 'Hommrich Loophole by limiting net metering to customer-generator systems designed to generate no more than 110% of the customer-generators' requirements for electricity. Defendant's memorandum pairs plaintiff's name with the term 'loophole,' a term which is widely recognized to refer to an ambiguity in the law which an individual or corporation has exploited for gain," the suit said.
