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NJBPU Sets December 17, 2012 Deadline for Subchapter "S" Applications

December 5, 2012

On December 1, 2012, the New Jersey Board of Public Utilities (“NJBPU”) formally released the Subchapter “S” application and set a deadline of Monday, December 17, 2012 for the submission of applications. As such, any grid supply project on farmland seeking a determination that it is “connected to the distribution system” for purposes of Solar Renewable Energy Certificate (“SREC”) qualification under Subchapter “S” of the new legislation (NJSA 48:3-87(s)) must file an application on the approved form on or before December 17, 2012. It is important to note the following in connection with Subchapter “S” applications:

  • The applicant can be the project developer, contractor, installer, land speculator or “any agent thereof.”
  • The application only applies to projects proposed to be located on land taxed pursuant to the Farmland Assessment Act of 1964.
  • All eligible projects must have a PJM Impact Study Report issued on or before June 30, 2011.
  • The applicant must demonstrate that a notice of intent to qualify under Subchapter “S” was filed with the NJBPU on or before September 21, 2012.
  • The application must be hand delivered or mailed. Faxes and e-mails will not be accepted.

For more information or assistance in filing an application, please contact:
Stephen A. Kisker
Chair, Renewable Energy and Sustainability Group | (973) 530-2074 | skisker@wolffsamson.com
Robert H. Crespi
Member of the Firm | (973) 530-2060 | rcrespi@wolffsamson.com
Michelle A. Schaap
Member of the Firm | (973) 530-2026 | mschaap@wolffsamson.com
John G. Valeri Jr.
Member of the Firm | (973) 530-2030 | jvaleri@wolffsamson.com