[Massachusetts] Purchased “Solar PV System” out of a PPA, company is stating they still get to own SRECs

Advertisements

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]      



Author: AliensFaith
HighTech FinTech researcher, university lecturer & Scholar. He is studying his second doctoral degree at the Hague International University. Studying different fields of Sciences gave him a broad understanding of various aspects of life. His recent researches covered AI, Machine-learning & Automation concepts. The Information Technology Skills & Knowledge gave his company a higher position over other regional high-tech consultancy services. The other qualities and activities which can describe him are a Hobbyist Programmer, Achiever, Strategic Thinker, Futuristic person, and Frequent Traveler.

Discover more from Maheri Network

Subscribe now to keep reading and get access to the full archive.

Continue reading

Exit mobile version