Renewable Energy Pilot Program

2020 Acts of Assembly — Chapter 1193 - Virginia Clean Economy Act (VCEA)

An Act to amend and reenact § 1 of the first enactment of Chapters 358 and 382 of the Acts of Assembly of 2013 and Chapter 803 of the Acts of Assembly of 2017 to modify the existing pilot programs of DEV and APCo and expand to include the territory of Kentucky Utilities d/b/a Old Dominion Power (ODP), effective July 1, 2020.

Summary of VCEA legislation:

Under the Virginia Clean Economy Act, a person that owns or operates a solar-powered or wind-powered electricity generation facility that is located on premises owned or leased by an eligible customer-generator will be allowed to sell the electricity generated from such facility exclusively to the eligible customer-generator under a power purchase agreement that provides for third party financing of the costs of the renewable generation facility. Eligible facilities shall have a generation capacity of 50 kW to 3 MW each. The pilot program limitation on the aggregated capacity of such facilities shall constitute a portion of the existing limit of six percent of each Pilot Utility's adjusted Virginia peak-load forecast for the previous year that is available to eligible customer-generators pursuant to subsection E of § 56-594 of the Code of Virginia. Further, these limits shall not exceed (i) 500 MW for DEV’s Virginia jurisdictional customers, or 500 megawatts for DEV’s Virginia non-jurisdictional customers or (ii) 40 MW for customers of APCo or ODP. The minimum size requirement does not apply to certain nonprofit and low-income entities.

**DEV and APCo Pilot Programs are now open for pre-registration as set forth in the Commission's Order in Case PUR-2020-00081**

  • Commission Case Number PUR-2020-00081 (via DocketSearch
    • Enables pre-registration for projects wishing to participate in the territories of DEV or APCo beginning May 14, 2020

Pilot Utility Program Information:


Staff Note:

The pilot program limitation on the aggregated capacity of such facilities shall constitute a portion of the existing limit of six percent of each Pilot Utility's adjusted Virginia peak-load forecast for the previous year, not to exceed (i) 500 MW for DEV’s Virginia jurisdictional customers, or 500 MW for DEV’s Virginia non-jurisdictional customers, or (ii) 40 MW for customers of APCo or ODP.

When the Staff has received and posted Notices of Intent equaling the limits as established above, the Staff will treat these pilot programs as fully subscribed and no further Notices of Intent will be accepted or posted by the Staff for a pilot utility on the Commission’s website.

Historical References:

2017 Acts of Assembly — Chapter 803

An Act to amend and reenact § 1 of the first enactment of Chapters 358 and 382 of the Acts of Assembly of 2013 to expand the existing pilot program of DEV to also include the territory of Appalachian Power Company (APCo)

Summary of legislation:

Expands the existing pilot program of Dominion Energy Virginia under Chapter 382 to include the territory of Appalachian Power Company (APCo). The expanded pilot program limitation of 7 MW for APCo targets participation among nonprofit, private institutions of higher education and is set to expire on July 1, 2022.


2013 Acts of Assembly - Chapter 382

An Act to direct the establishment of a pilot program for third party power purchase agreements

Summary of legislation:

Directs the State Corporation Commission (SCC) to conduct a pilot program in the territory of Dominion Energy Virginia (DEV) permitting third party power purchase agreements.  The SCC shall establish guidelines concerning aspects of the pilot program by December 1, 2013