Final Policy Statement On 3rd Party Electric Vehicle Charging Adopted By PUC

The Public Utility Commission Thursday adopted a final policy statement on third-party electric vehicle (EV) charging stations designed to reduce regulatory uncertainty, provide greater clarity and consistency among electric distribution companies (EDCs), and promote increased investment in EV charging infrastructure in the state.

The Commission voted 5-0 to approve the statement, which clarifies that third-party electric vehicle charging is providing a service and not considered resale/redistribution under Section 1313 of the Public Utility Code and directs EDCs to amend their tariffs to address third party EV charging tariff provisions consistent with the new policy.

“Today, we take a large step toward designing a regulatory landscape which supports innovative and dynamic pricing for electric vehicle charging,” said Chairman Gladys M. Brown in her statement.  “Technological advancements, including the advent of electric vehicles, are transforming the electric consumption profiles of customers and the grid as a whole.”

“As such, it is of paramount importance that electric utilities be able to adapt their infrastructure to support this transformation in an economic manner,” added Brown.

Follow Up Filings

Following the policy statement’s publication in the Pennsylvania Bulletin, EDCs should file amended tariffs with the Commission addressing third party EV charging stations.  

After a 30-day public comment period on proposed tariff modifications, the PUC’s Bureau of Technical Utility Services (TUS) will prepare Orders for Commission approval.

On June 15, 2017, the Commission issued a Secretarial Letter launching a third-party EV charging inquiry, underscoring the differing rules and provisions of the resale of utility service by third-party EV charging stations, all of which may be subject to differing interpretations.

Based on its conclusions from initial comments received in response to the Secretarial Letter, the Commission proceeded to issue a Proposed Policy Statement on May 4, 2018 requesting additional public comment on two key issues:

-- Any entity, other than a public utility, owning and operating an EV charging facility that is open to the public for the sole purpose of recharging an EV battery should not be construed to be a sale to a residential customer and should therefore not fall under the pricing requirements of Section 1313; and

-- EDC tariff provisions must exclude these third party EV charging stations from the pricing requirements of Section 1313 and put forth rules for when and how owners/operators of such third party EV charging stations are to notify the EDC of a planned EV charging facility installation and what information the EDC will need in advance.

Click Here for a copy of the final policy statement.

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