Solar Energy-Producing Homeowner Sues WAPA Over Net Metering

June 2, 2008 — St. Croix homeowner Sidney Silverman is suing the Water and Power Authority, alleging it thwarted his efforts to sell solar energy under its 2007 net-metering plan.
Silverman is a resident of New York who has maintained a second home on St. Croix since 1985. In 2006, Silverman installed a solar-power system in his home. Once it was installed, the suit says, WAPA maintained a bi-directional meter. During the day when the system generated electricity it ran backwards, and at night, when the house drew upon electricity from the grid, the meter ran forward.
After a year without problems, Silverman says in his suit, WAPA removed his single two-way meter. The utility replaced it with two meters: one to measure power coming in and one to measure power going out. He alleges WAPA then asked him to sign a waiver, holding himself and not WAPA liable for any damages caused by his power system.
He refused. Since then, WAPA has billed him for the electricity he uses but has "intentionally and willfully failed to give (Silverman) credit for electricity produced," the suit claims.
A message left for Silverman Monday afternoon was not returned as of Monday evening.
"With all the money we put into this system, they can't figure out how to accept back power safely," said David Nissman, Silverman's attorney, by phone Monday afternoon. "They do not have to create a liability for customers. … If you have problems, then you fix it. That's not the ratepayer's problem."
WAPA spokeswoman Cassandra Dunn said Monday evening she had not yet seen the lawsuit and that WAPA would not comment publicly on potential litigation.
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