The Maine Supreme Judicial Court issued a decision Feb. 5 affirming the Public Utilities Commission's denial of Ellsworth ME Solar, LLC's petition for a good cause exemption from mandatory deadline requirements under the state's Net Energy Billing statute.
The court held that the Commission properly denied both Ellsworth Solar's request for an exemption from the 2024 Commercial Operation Date deadline and the company's petition to reopen the record under state regulations. Justice Connors wrote the unanimous opinion for the six-member panel.
The case centers on Maine's Net Energy Billing program, which allows customers to participate in renewable energy facilities with generating capacity up to five megawatts. The program was significantly expanded in 2019 when the Legislature passed what became known as the 2019 NEB Act.
The 2019 legislation prompted what courts have termed a "solar gold rush," leading to a sharp increase in solar project development and applications to connect to the electrical grid. This surge in renewable energy projects has contributed to rising electricity rates for consumers, according to court records.
Ellsworth Solar sought relief from the Commercial Operation Date deadline established under 35-A M.R.S. § 3209-A(9), arguing it qualified for a good cause exemption. The company also petitioned the Commission to reopen the record under 65-407 C.M.R. ch. 110, § 11(D).
The Public Utilities Commission rejected both requests, prompting Ellsworth Solar's appeal to the state's highest court. The case was argued before the Maine Supreme Judicial Court on Dec. 11, 2025.
The court's decision follows a similar ruling in *Snakeroot Solar, LLC v. Public Utilities Commission*, decided in 2025, which also involved a denial of a good cause exemption petition. The *Snakeroot Solar* case established much of the relevant legal framework that applies to the current dispute.
The 2019 Net Energy Billing Act represented a significant expansion of Maine's renewable energy policy. Prior to the legislation, the net energy billing program had more limited scope. The expanded program allows customers with interests in solar facilities up to five megawatts to participate in the state's net billing system.
Commercial Operation Date deadlines serve as critical regulatory milestones in renewable energy development. These deadlines help ensure that approved projects move forward in a timely manner and prevent speculative applications that could clog the approval process without resulting in actual energy generation.
The good cause exemption provision provides limited relief for projects that encounter legitimate obstacles to meeting their deadlines. However, the standards for obtaining such exemptions are stringent, requiring developers to demonstrate circumstances beyond their reasonable control.
The Commission's authority to reopen records is similarly constrained by regulatory standards designed to provide finality to administrative proceedings while allowing for exceptional circumstances that warrant reconsideration.
The court's affirmation of the Commission's decisions reinforces the regulatory framework governing Maine's renewable energy sector. The ruling emphasizes that deadline requirements will be strictly enforced and that exemptions will not be granted without compelling justification.
This enforcement approach reflects broader policy tensions in renewable energy development. While Maine has embraced expanded solar development through the 2019 NEB Act, regulators must balance promotional policies with consumer protection and grid management concerns.
The "solar gold rush" phenomenon referenced in court documents illustrates these competing interests. Rapid renewable energy development can advance clean energy goals but may also strain grid infrastructure and impact electricity rates for all consumers.
The decision impacts not only Ellsworth Solar but potentially other solar developers who may be considering similar appeals of Commission deadline enforcement. The ruling suggests that Maine courts will defer to regulatory expertise in administering the Net Energy Billing program.
For the renewable energy industry in Maine, the decision provides clarity about regulatory expectations while emphasizing the importance of meeting established deadlines. Developers must plan projects with sufficient lead time to address potential obstacles without relying on regulatory relief.
The case also demonstrates the ongoing judicial oversight of the Public Utilities Commission's administration of the state's evolving renewable energy policies. As Maine continues to expand its clean energy programs, courts will likely face additional appeals testing the boundaries of regulatory authority.
The February 2026 decision represents the latest development in Maine's complex renewable energy regulatory landscape, where promotional policies must be balanced against consumer protection and grid reliability concerns. The court's affirmation of strict deadline enforcement signals that regulatory certainty remains a priority in administering the state's net energy billing program.