- June 4, 2023
- Posted by: AliensFaith
- Category: OBJECTIVE PRESS
So, I have a weird situation. I purchased a panel system out of a PPA, within the past few years. It was still sortof covid, so when they were non-responsive about the transfer I cut them some slack, but they basically never responded. Eventually I ended up contacting the DOER and other agencies that have to do with SRECs and they’re doing a “never before done manual transfer of the system.” Meanwhile the company finally gets back to me because I had another govt agency contact them. They are claiming they actually were intentionally not cooperating because they interpret their contract as meaning they keep the rights to all incentives on the system forever. So basically I’m looking for someone that can give some legal advice.
More comments from me after the contract section.
Section of the contract causing debate:
Ownership of the System; Tax Credits and Rebates.
You agree that the System is [Company]’s personal property under
the Uniform Commercial Code. You understand and agree that
this PPA is not a contract to sell or lease the System to you.
[Company] owns the System for all purposes, including any data
generated from the System. You shall at all times keep the
System free and clear of all liens, claims, levies and legal
processes not created by [Company], and shall at your expense
protect and defend [Company] against the same.
YOU UNDERSTAND AND AGREE THAT ANY AND ALL TAX
CREDITS, INCENTIVES, RENEWABLE ENERGY CREDITS,
GREEN TAGS, CARBON OFFSET CREDITS, UTILITY REBATES
OR ANY OTHER NON-POWER ATTRIBUTES OF THE SYSTEM
ARE THE PROPERTY OF AND FOR THE BENEFIT OF
[Company] USABLE AT ITS SOLE DISCRETION. [Company]
SHALL HAVE THE EXCLUSIVE RIGHT TO ENJOY AND USE
ALL SUCH BENEFITS, WHETHER SUCH BENEFITS EXIST
NOW OR IN THE FUTURE. YOU AGREE TO REFRAIN FROM
ENTERING INTO ANY AGREEMENT WITH YOUR UTILITY
THAT WOULD ENTITLE YOUR UTILITY TO CLAIM ANY SUCH
BENEFITS. YOU AGREE TO REASONABLY COOPERATE
WITH [Company] SO THAT IT MAY CLAIM ANY TAX
CREDITS, RENEWABLE ENERGY CREDITS, REBATES,
CARBON OFFSET CREDITS OR ANY OTHER BENEFITS FROM
THE SYSTEM. THIS MAY INCLUDE TO THE EXTENT
ALLOWABLE BY LAW, ENTERING INTO NET METERING
AGREEMENTS, INTERCONNECTION AGREEMENTS, AND
FILING RENEWABLE ENERGY/CARBON OFFSET CREDIT
REGISTRATIONS AND/OR APPLICATIONS FOR REBATES
FROM THE FEDERAL, STATE OR LOCAL GOVERNMENT OR A
LOCAL UTILITY AND GIVING THESE TAX CREDITS,
RENEWABLE ENERGY/CARBON CREDITS, REBATES OR
OTHER BENEFITS TO [Company]
You understand that solar renewable energy credits (SRECs) and
certain incentives and associated data cannot be generated or
earned without internet. As such, you agree to maintain and make
available, at your cost, a functioning indoor Internet connection
with the understanding that Wi-Fi hotspotting, tethering and
intermittent Internet connection will not satisfy this obligation. You
also agree to cooperate with [Company] as necessary to provide
any other information required to generate SRECs or earn
incentives and troubleshoot monitoring issues. Your failure to
cooperate with [Company] with respect to Internet requirements will
result in your obligation to compensate [Company] for all lost SREC
or incentive revenue and related costs, subject to a monthly
charge of no less than $10.00 (ten dollars) per month until
adequate Internet monitoring is implemented or restored.
So, I executed a purchase of the “System” and they agree that the System is my personal property, but state that because the contract above says:
NON-POWER ATTRIBUTES OF THE SYSTEM ARE THE PROPERTY OF AND FOR THE BENEFIT OF [Company] USABLE AT ITS SOLE DISCRETION. [Company] SHALL HAVE THE EXCLUSIVE RIGHT TO ENJOY AND USE ALL SUCH BENEFITS, WHETHER SUCH BENEFITS EXIST NOW OR IN THE FUTURE.
But my house is “usable at my sole discretion,” and I have the “exclusive right to enjoy it now and in the future” too, right up until I sell it, so what would make said company think that the non-power attributes of the System defined in the “Ownership of the System” section would not go to the new owner? I didn’t sign anything stating I explicitly waived my interest in the SRECs, and that was basically the only reason I bought it because I figured it was an older system and would have been in the flat-rate SRECs from when it was installed.
Not to mention SRECs are based on power generation, so I don’t even think they fall under the “non-power aspects” garbage.
Plus I’m apparently going to need to go to court to recoup the earlier SRECs assuming the DOER finally does this manual transfer. But I have a good feeling I’m all set for the future generation by the system.
Any one else think that this is garbage? Or an “Oh snap we have to say something” legal response because I got a govt agency involved?
Thanks everyone.
submitted by /u/procersapientiae
[link] [comments]