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Solar Company Loses Battle Over Regulation in Delaware

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DOVER, Del. (AP) - One of the nation's largest installers of residential solar energy systems has failed to win a guarantee that it would not be regulated as a public utility or electric supplier if it does business in Delaware.

Vivint Solar Inc. had asked the Delaware Public Service Commission for a declaratory order clarifying that it would not be subject to commission oversight in offering solar power purchase agreements or solar leases to residential customers in Delaware.

While the commission does not currently regulate residential solar energy companies, panel members on Tuesday deferred to staff and attorney recommendations to reject Vivint's request.

Critics suggested that instead of a ruling favoring one company, the issue might better be addressed through legislation or a formal rulemaking process providing guidance for the industry as a whole.

Don Rush is the News Director and Senior Producer of News and Public Affairs at Delmarva Public Media. An award-winning journalist, Don reports major local issues of the day, from sea level rise, to urban development, to the changing demographics of Delmarva.