New Jersey’s Board of Public Utilities backed measures to keep on track one of its three remaining offshore wind (OSW) projects and retool a large-scale solar incentive program, triggering two dissenting votes in a rare break in the board’s usual unanimity.
The two opposing votes highlighted the stresses within the board as it seeks to boost the state’s energy capacity to meet an expected future electricity generation shortfall and prepare ratepayers for a related rate hike of 17 to 20% on June 1.
The board voted 3-1 on April 23 to grant a deadline extension requested by Attentive Energy that would stay the enforcement of two obligations resulting from the board’s approval in January 2024 of the 1,342 MW OSW project. Without the stay, the developer would have had to pay a security commitment of about $16.7 million and a fee of $3.75 million that originally was due Jan. 24, 2025. (See NJ Awards Two Offshore Wind Projects.) The requirements now will be on hold until Jan. 24, 2026.
In an unrelated vote, the board also voted to modify the state Competitive Solar Incentive (CSI) program that awards incentives to so-called “grid scale” projects, those with a capacity greater than 5 kW. In a 3-1 vote, the board agreed to open the next solicitation — the state’s third under the CSI program — on May 4, 2025, with a goal of procuring 300 MW of solar generation capacity and 160 MWh of energy storage paired with solar.
In response to the last solicitation, in which two of the five project categories went unfilled, the board voted to broaden the permitted projects in the next solicitation to include those on open land in industrial and commercial complexes.
The board also agreed to set a different price cap — or limit — to the incentive level for each of the five categories of projects. The caps are designed to “balance the developers’ ability to seek a vital incentive with effective ratepayer protections,” according to a BPU staffer who explained the changes.
Board Dissent
In a rare display of opposition, Commissioner Zenon Christodoulou said he could not support the measure and attacked the process through which it was made.
While he didn’t specify the exact problems that triggered his concern, Christodoulou said he believes that “free market capitalism and creative innovations are the best ways to develop and improve products and services.
“Constraining mature industries by keeping them tethered and dependent on external subsidies ignores the full capacity of human ingenuity, market forces and competition,” he said. “And it passes that financial burden on to others: in this case, ratepayers.”
He acknowledged that “dissenting opinions are not common and quite often and unfortunately discouraged” on the board and said board discussions had “revealed a very shielded managerial process.”
“I have made my opinions known on many occasions over the last year and a half,” he said. “And I continue to observe that outside opinions, including mine and others, are dismissed and marginalized.
“This flawed internal process worries me deeply,” he said. “The lack of transparency, two-way communications and the palpable aversion to outside inputs troubles me.”
In response, BPU President Christine Guhl-Sadovy said that “not every outcome is going to be unanimous.”
“Agreeing to disagree is OK,” she said. “What we do know about solar and competitive solar and large-scale solar is that it helps to bring costs down for ratepayers by providing the necessary generation that we need, which you know, at this time is even more important than ever.”
She added that large-scale solar provides a “price suppression implication, and that’s really important for customers.”
The board also voted to open a new solicitation on April 30 of the state Community Solar Energy Program, offering 250 MW of capacity, with a closing date of May 13. The board order cut the incentive, from $90/MWh in the last round, to $80/MWh.
That 11% cut “represents a reasonable balance between the need to accelerate solar deployment in New Jersey without excessive immediate change and the need to keep costs manageable for ratepayers,” the board order said.
Mitigation Strategy
The votes come as the BPU completes a new state Energy Master Plan, a draft of which predicts a 66% increase in electricity demand by 2050. PJM has said the state, like others, faces a future generation imbalance that involves the rapid pace of fossil fuel plant closures, the far slower development of new generating sources and an expected demand surge propelled by electric vehicles and data centers.
State officials say the expected shortfall helped push up bid prices in the state’s Basic Generation Service auction, contributing to the upcoming 17 to 20% consumer rate hike.
Seeking a way to help ratepayers mitigate the increase, the board voted unanimously to enact a campaign to encourage ratepayers to reduce their energy use and to solicit proposals from the state’s utilities on how to achieve that.
“We understand that the timeline to turn around these proposals is short,” but the goal is to reduce ratepayer costs, said Guhl-Sadovy.
‘Pivot’ Needed
New Jersey planned to meet a portion of its future electricity demand with offshore wind. But the state’s three OSW projects struggled even before President Trump’s sweeping executive order on Jan. 20 temporarily froze the nation’s OSW projects.
New Jersey’s most advanced project, Atlantic Shores, received construction and operations plan approval from the federal Bureau of Ocean Energy Management in October, but the U.S. Environmental Protection Agency on March 14 placed a hold on the project. The state’s third project, the 2,400-MW Leading Light Wind, received a deadline extension from the BPU in September to give the developer time to find an economically viable turbine. (See EPA Puts Hold on Atlantic Shores OSW Permit.)
The upheaval in the sector began when developer Ørsted abandoned its Ocean Wind project in October 2023, citing cost and supply chain problems. (See New Jersey BPU Approves Invenergy Offshore Wind Delay.)
Commissioner Michael Bange, before voting against the order to extend the Attentive Energy deadline, said the board had done “everything it could to make offshore wind happen.” Yet a new approach is needed given that “the current federal administration is not in favor of it, and has done everything to stop it,” he said.
“We need to pivot and focus on storage, solar, energy efficiency and other ideas that can help reduce energy prices,” he said. “Even if offshore wind was possible in the future, we would have to start the bid process over, due to [the] tariff war in place, uncertainty of future pricing, supply chain issues and investment monies to support it.”
Christodoulou said he shares some of those concerns. But he said he would vote for the measure anyway, based on assurances from BPU staff that approving the deadline would not cost the state anything or set a precedent for the project or others in the future, and would keep the project viable.
“I’m hopeful, but not entirely optimistic, that this can get done at some future date,” he said.