A California Court granted a preliminary injunction in favor of a public utility saying that the Riverside County ordinance would cause irreparable harm to the Imperial Irrigation District. The ordinance was pushed for by a private business owner in Riverside County and would have benefited his solar development company directly. Without the preliminary injunction the solar company, Energy Alliance, would have been able to market solar panels to customers with higher energy reimbursement rates than what is required by state law. This is a win for consumers who would have been defrauded when reimbursement rates were paid at state mandated rates.
Court’s ruling favors IID in Riverside County ordinance repeal
LOS ANGELES – A Los Angeles County Superior court judge Tuesday, November 6 granted a preliminary injunction preventing the county of Riverside from implementing a controversial ordinance that, if enacted, would bypass the authority of the Imperial Irrigation District to set electric rates for its customers, according to a recent press release.
In granting the injunction, Judge Mary Strobel found that the county’s ordinance conflicts with state law and, if enacted, would cause irreparable harm to the district, Frank Oswalt, IID’s general counsel, reported.
Although no final rulings were made, Oswalt said in the press release the court determined there was a likely probability that IID would prevail if the matter were fully contested. Further, should the ordinance be enacted, the IID board and staff would be irreparably harmed by the prescribed criminal penalties in the ordinance, and the district harmed by the millions in unrecoverable costs to implement it.
In June, the Riverside County Board of Supervisors approved Ordinance No. 943, that would have required IID to scrap its publicly vetted and board-adopted solar tariff, net energy billing and create a new solar tariff that closely resembles that of a privately owned utility, Southern California Edison. All this was set in motion at the request of a private business owner whose business is located in Riverside County and stands to directly benefit financially from the impacts of this ordinance.
“The notion that Riverside County would usurp IID’s ratemaking authority and adopt an ordinance that violates state law is inherently unreasonable and unprecedented,” said James Hanks, IID board president, in the release. “Today’s action by the court is a win for the district and its ratepayers.”
In making her ruling, Judge Strobel also noted several potential areas in which the county’s ordinance may conflict with the Public Utilities Act.