Los Angeles, CA - The California Public Utilities Commission is abusing its power to stifle the private development of solar energy and to protect Southern California Edison from having to answer to anyone for unfair and unjustified rulings. It is time for citizens to demand a stop to this.
Bradley Bartz, founder of ABC Solar Incorporated, is seeking to file a Writ of Mandamus request to the California Courts of Appeal to order the California Public Utilities Commission (CPUC) to order Southern California Edison (SCE) to produce discovery requested via a process at the CPUC that will generate admissible evidence.
Bartz is a solar entrepreneur for almost two decades with all of the necessary legal permits to operate and with hundreds of satisfied customers, employees and regulators. Nevertheless, because Bartz agitated against unfair rulings and practices, he is being singled out for regulatory punishment. Bartz and solar need your help to fight this injustice and to make sure it does not happen to others. Alternative energy is too important to allow power-hungry bureaucrats to trifle with.
The goal is to raise $18,000 for a legal defense fund. Bartz is seeking funds to support accessing the Courts of Appeal. Bartz has a need to file on June 25, 2018 a Writ of Mandamus request. Timing is based on the exhaustion of due process steps.
The Court of Last Resort is known in legal circles as the California Courts of Appeal. Both the CPUC and Southern California Edison have achieved immunity from oversight of the Superior Courts and specifically the order of Mandamus is removed by 1999 statute PUC1759(a).
Bartz and his company ABC Solar Incorporated just happened to be first to install and then experience denial of Permission to Operate for a Solar Photovoltaic with Advanced Storage System (SPVASS) installed in Hermosa Beach, California. ABC Solar is a mid-size, family-owned early adopter solar design/build company founded in 2000. SPVASS technology appeals to Bartz's clientele.
In May of 2017 SCE made a big push to promote a cash rebate for ratepayers to install SPVASS. The lottery-based SCE Self Generation Incentive Program (SGIP) was fully subscribed in the first round by Tesla and few others. ABC Solar captured 7 rebate incentives in Step 2 of the SGIP program. The rebate in Step 2 is about $3,700 cash for each 10KW of Advanced Storage installed. The SGIP Handbook of 2017 stated that over 30KW was a threshold where extra application processes and advanced metering would be required.
On August 17, 2017, with the Mayor of Hermosa Beach on site, the city inspector passed our 11KW Solar PV with Advanced Storage System. This Writ of Mandamus request to order discovery from SCE is based on appealing SCE's denial of Permission to Operate this system. SCE gatekeepers to interconnection denied based on CPUC Decision 14.05.033, a decision of 2014 (note, years before the CPUC cash rebate push in 2017 to install SPVASS).
SCE took all its allotted time to announce this denial, so first efforts to appeal start 30 days later in September of 2017. Mr. Patrick Doherty of the CPUC stated that Bartz would have to file a Petition to Modify D.14.05.033 and win to gain Permission to Operate (PTO) for this 11 KW SPVASS.
Bartz and ABC Solar have been 100% effective for its clients over 18 years of connecting ratepayer solar PV systems to the SCE grid. Over the years Bartz has never had to change a system design to gain permission to operate. Bartz has had to fight SCE, winning every time.
Bartz learned that SPVASS alarmed the monopoly utilities since Advanced Storage allows ratepayers to go off-the-grid-in-the-city.
After a discussion with CPUC's Patrick Doherty about this denial of PTO, Doherty simply hung up. All of Bartz' sense of fairness indicators went negative and this epic David V. Goliath story took on a life of its own.
SolarRightsAct.com details every step, reaction, filing and effort to win and gain PTO for this residential 11 KW SPVASS. Bartz has exhausted due process in this appeal effort at the CPUC. Review Bartz' 548-page Solar Rights Act of 2018: California Rules for Solar Energy Systems book available on Amazon and free online at SolarRightsAct.com. This book has case files, decisions, rules, laws and arguments to be presented to the neutral decision maker.
The Writ of Mandamus request to the California Courts of Appeal has a very high likelihood to succeed. Recent California Supreme Court decision supports Bartz' discovery request of SCE. The simple idea that the California Courts of Appeal is our actual first resort to reach a neutral decision maker is not acceptable. But, we must file this Writ of Mandamus at the California Courts of Appeal to argue that this should not be our first step.
Bartz believes he has taken every possible step to exhaust completely the due process at the CPUC. It is now time to take this body of work and prosecute SCE and the cozy relationship with the CPUC. It is time to cancel immunity from the Superior Court system by the CPUC and its regulated utilities.
As the California Courts of Appeal just seems too far for Bartz to reach, he is seeking crowd funding to retain the very best appeals team in California.
Join Bartz today by pledging support for this case.
Bartz is using CrowdJustice.com as the crowd funding vehicle.
This is the nexus system to this case:
The use of funds are estimated as:
1. Prepare opening brief on appeal - 10 hours x $495 - $4,950
2. Prepare reply brief on appeal - 5 hours x $495 - $2,475
3. Prepare for oral argument - 10 hours x $495 - $4,950
4. Prepare (or oppose) petition for rehearing in the court of appeal - 5 hours x $495 - $2,475
5. Prepare (or oppose) petition for review in the California Supreme Court - 5 hours x $495 - $2,475
To date Southern California Edison, Edison International and the California Public Utilities Commission have been expert opponents. Our $18,000 budget is just to stay in the game, so to speak. We do have a much larger stretch budget as we expect this fight to make its way past the California Supreme Court and go Federal.
Solar really is that important.
I hope you will hit the Solar Panic button and join this very worthy cause.
Thank you so much.
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