DUBUQUE, Iowa — Last week the Iowa Supreme Court ruled Eagle Point Solar did not act as a public utility when it attempted to enter a third-party power purchase agreement with The City of Dubuque. The court says the power purchase agreement did not infringe on Alliant Energy’s exclusive operating area.
The city leases the space on the roof of the Public Works building to Eagle Point Solar.
Alliant Energy says because Eagle Point made money from the power the panels produce, Eagle Point was acting as a utility provider. Doing so would violate the regulations established by the Iowa Utilities Board,
The two companies presented their arguments to the Iowa Supreme Court back in January.
With Friday’s ruling in favor of Eagle Point Solar the two companies are once again in disagreement.
Eagle Point Solar C.E.O Barry Shear said, “My object is not to compete with the utilities per se. They were to make this technology available to municipalities. So other states are looking to the legal logic in this case.”
Alliant Energy Spokesperson Justin Foss said, “The sun is great when it’s shining. But it’s not always shining and so we still have to install a lot of equipment to our peak demand. Because it’s not always sun shining when we’re on peak.”
Alliant says it has a responsibility to continue to make grid energy available to everyone in its service area, meaning the company will still require the same amount of equipment and infrastructure. Maintaining that kind of equipment could eventually mean an increase in customers’ bills.
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