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Jul 14, 2014

Iowa Supreme Court Decides That Solar Power Provider Is Not a Public Utility and Not Governed by Exclusive Territorial Restrictions

In a case closely watched nationwide, the Iowa Supreme Court last Friday, July 11, affirmed a lower court decision allowing the use of power purchase agreements (PPAs) to finance the installation of photovoltaic (PV) solar energy facilities. SZ Enterprises, Inc., d/b/a Eagle Point Solar v. Iowa Utilities Board (IUB), a Division of the Department of Commerce, State of Iowa, Iowa Supreme Court No. 13-0642 (July 11, 2014). Because of the significant upfront cost of installation of solar panels on residences and businesses, solar energy providers commonly absorb the upfront installation cost and recoup their investment through sale of the electricity produced… Read more