Category: Ranting

08/11/17

  11:01:00 am, by Jim Jenal - Founder & CEO   , 390 words  
Categories: All About Solar Power, Ranting

Court to SolarEdge: DENIED!

Judge bangs gavel on SolarEdge's claimsWe wrote last month about the ill-conceived lawsuit filed by SolarEdge against Enphase Energy over a video comparing the new Enphase AC Module’s install time with that of systems using the SolarEdge optimizers.  SolarEdge initially asked for a Temporary Restraining Order - which was denied, but the court set an accelerated hearing schedule for a Preliminary Injunction.  If granted, Enphase would  have been prohibited from airing the video - either via YouTube or at next month’s SPI trade show.

Well this just in: SolarEdge’s motion has been denied in full.  (You can read the court’s order here.)

SolarEdge had whined in their complaint that the video wasn’t fair because they too have embedded optimizers, and that is the comparison that should be shown.  But that is just silly.  First of all, the ad isn’t aimed at consumers, it is aimed at installers - and they very well know the difference.  (A point the judge noted as well.)  Furthermore, here at Run on Sun, we are exclusively an LG shop when it comes to our solar modules.  SolarEdge doesn’t have an embedded optimizer with LG - but Enphase has an AC Module built on the LG 330 Watt Neon module!  For us, the comparison in the video is exactly the comparison that matters.

SolarEdge also whined about the use of their logo in the video, but that was equally bogus.  No one looking at the ad would think for a moment that SolarEdge was endorsing the Enphase product.  Rather the video makes it clear that Enphase is only using it to identify the competing product, a “nominative fair use” that can be invoked where “the use of the trademark does not attempt to capitalize on consumer confusion or to appropriate the cachet of one product for a different… and where a defendant uses the mark to refer to the trademarked good itself."  That is precisely what was done here.

In finding that SolarEdge was unlikely to succeed on the merits of their claims the court cleared the way for Enphase to promote their video far and wide.  We are happy to help!  In case you missed it before, here’s the video that SolarEdge tried, but failed, to keep you from seeing:

PS: Note to SolarEdge’s lawyers - from my old firm of OM&M - you really need to do a better job of managing your client!  Just sayin!

07/31/17

  08:42:00 am, by Jim Jenal - Founder & CEO   , 494 words  
Categories: All About Solar Power, Ranting

SE Takes the Leap, Highlighting Enphase's Superior Product - UPDATE!

UPDATE: The court has denied SolarEdge’s motion - read about it here.

In an earlier life I was a big firm lawyer, mostly handling hi-tech and intellectual property litigation.  Every now and then a client would get steamed over what they thought a competitor was doing, and would demand that we sue them - even though there was no merit in the case.  The competitor had a legal right to do what they were doing, even if it annoyed our client. 

Calmly, we would try to talk them down off the ledge less they draw more attention to the issue by suing than the activity ever would have on its own.  Apparently the folks at SolarEdge never got such advice as they have filed a frivolous lawsuit against competitor Enphase Energy over the video below.  Here’s our take…

SE is complaining that this video is “false and misleading” since it doesn’t illustrate the installation comparison that SE thinks is proper.  But that isn’t the standard.  Enphase says that they are comparing the install time on the roof between an Enphase-LG AC module and a SE optimizer system with separate modules.  Does that comparison exist in the real world of solar installations?  Of course.  In fact, if a solar installer wanted to use LG modules with SE, this is exactly the comparison that would be at issue! To suggest that such a comparison is false and misleading is to simply ignore real-world conditions. 

If SE wants to highlight a different, equally factual comparison, they are free to produce that ad, but that doesn’t give them the right to enjoin the factually accurate comparison that Enphase chose to highlight.

(SE also complains about the use of their logo in the video, but this is equally frivolous - that would be like saying that you couldn’t show a Pepsi can in a Coke ad.  Good luck with that.)

So far the court has not been too impressed with SE’s claim, denying a motion for a Temporary Restraining Order ("TRO"), saying:

Preliminary injunctive relief, whether in the form of a temporary restraining order or a preliminary injunction, is an “extraordinary and drastic remedy,” that is never awarded as of right.  In order to obtain such relief, a plaintiff must establish four factors: (1) he is likely to succeed on the merits; (2) he is likely to suffer irreparable harm in the absence of  preliminary relief; (3) the balance of equities tips in his favor; and (4) an injunction is in the public interest.
Here, with respect to the request for a temporary restraining order in advance of a hearing for a preliminary injunction, plaintiffs have wholly failed to establish a likelihood of immediate irreparable harm to justify the issuance of a temporary restraining order at this time.

Apparently SE is afraid that Enphase will show the ad during SPI.  But thanks to this ill-begotten lawsuit, probably everyone who would have seen it at SPI, will see it now!  Way to take the leap, SE, nicely done.

06/25/17

  07:19:00 pm, by Jim Jenal - Founder & CEO   , 403 words  
Categories: All About Solar Power, Solar Economics, Utilities, Ranting

Solar Boom Devolves to Power "Glut"

The LA Times today is out with an article titled, “Energy goes to waste as state power glut grows“.  The article describes how as solar power has grown dramatically in the Golden State, it has lead to a problem that has caused the state to actually pay neighboring Arizona to take our surplus energy!  Meanwhile the IOUs are badgering the CPUC to allow them to spend billions on additional natural-gas-fired power plants!  This is crazy town, and points to the need to radically redesign the incentives provided to utilities in the state.  Here’s our take…

Utility-scale pv

Utility-scale PV in Kern County (Image: LA Times)

According to the LA Times report, as recently as 2010, solar accounted for less than 1% of the electricity produced in California.  Fast-forward to last year and solar provided 13.8% of California’s electricity, with 9.6% from utility-scale projects like the one on the right, and an estimated 4.2% from residential and commercial installations.

Surely that is a good thing, as California continues on its path to getting 50% - and ultimately 100% - of its energy from renewables. But we aren’t going to get there paying our neighbors to take our surplus energy.  And it certainly makes no sense for utilities that are already overbuilt, to be spending ratepayer money on even more fossil-fueled generation capacity.

The perverse incentive here is that the IOUs - SCE, PG&E, and SDG&E - earn their money by building stuff, whether that stuff is used or not.  So it would seem that the trick here is to get them to build The Right Stuff, which certainly isn’t another natural gas peaker plant.  Instead, the clear winner here should be storage, particularly storage at utility scale. Bring enough intelligent storage into the mix and goodbye “Duck Curve” and hello a fossil-fuel-free future.

The CPUC should be providing the same rate-making incentive to build vast amounts of storage, even if at a premium price, rather than non-renewable generation capacity.  No renewable facility should ever have its output curtailed (as has happened 31% of the time in the first few months of this year), and no renewable energy should ever be exported to a neighboring state, except when such an export serves the economic interest of California ratepayers.

California is going to get to 100% renewables, we have to, as does the world.  We can and should show the way, but we will need to change the way utilities approach the problem if we are to get there anytime soon.

05/20/17

  08:35:00 am, by Jim Jenal - Founder & CEO   , 162 words  
Categories: All About Solar Power, PWP Rebates, PWP, Ranting

Run on Sun is Pasadena Solar!

Run on Sun has been doing Pasadena Solar for more than 10 years, but only now have we gotten around to dedicating a webpage just to Pasadena Solar! 

Pasadena City Hall - home to Run on Sun and Pasadena SolarWho loves Pasadena Solar?

I know, kinda silly (and foolish from an SEO perspective) but we figured we were fine as we were.  But then I looked at the search results on Google for “Pasadena Solar” and it was really depressing.  I mean seriously - read some of those reviews and you know that they are fake - but still their related websites were getting better rankings than ours!  Not acceptable!!!

So now, if you want to see a webpage that proudly proclaims its love for Pasadena Solar, we’ve got you covered - complete with this iconic image!

Oh, and because we do so much work in neighboring Altadena we are hoping to do a shout-out page for them too but we need an idea for the quintessential Altadena image - if you have ideas, please let us know!

05/04/17

  05:11:00 pm, by Jim Jenal - Founder & CEO   , 497 words  
Categories: All About Solar Power, Solar Economics, SCE, Residential Solar, Ranting, Net Metering

NEM 2.0 is Coming - But Not Before July 1

As a solar installer working in SCE’s territory, we get messages from them on a regular basis, including those regarding the upcoming transition to NEM 2.0.  But the email we received today (actually two copies of it!) was a bit, how shall we say, high-strung?  Here’s our take.

NEM 2.0 will occur when the first of two events occurs: SCE interconnects enough residential and commercial solar projects to reach 5.0% of its total aggregate power demand, or July 1.  We have written before that SCE will never get to the 5% beforehand, so the deadline is 23:59:59 on June 30. 

So we were a tad perplexed to see this email today - here’s a sample:

417 MWs Remaining in NEM 1.0

As SCE gets closer to its Net Energy Metering (NEM) 1.0 Cap, we want to remind everyone of the importance of submitting complete and accurate interconnection request(s) (IRs). You should be receiving similar notifications within the online application system (i.e., PowerClerk).

Why is the 417 MWs remaining important?

For those applicants and customers with an existing IR moving through the interconnection process, we are sharing this information so that you may plan accordingly as SCE approaches its NEM 1.0 Cap. Once the cap is reached, the existing NEM tariff will close to new customers and the NEM 2.0 (NEM Successor) tariff will become available. With approximately 417 MWs remaining in the NEM 1.0 cap, this is a friendly reminder to please submit all documentation necessary for receiving service under NEM 1.0 and do so as soon as possible.

(Emphasis in the original.)

Wow - you would think that this might happen any day now, based on that language.  Except that it won’t - not even close.

Here are the underlying numbers:  SCE’s total cap is 2,240 MWs - a target it has been building toward since 2007!  As of today, in SCE’s territory, 1,823 MWs has been installed.  That means it has taken roughly  3,595 days to install that capacity, which works out to roughly half a Megawatt per day.  With 417 MWs left under the cap, and just under 58 days before July 1, we would have to be installing at the rate of 7.2 MWs/day!  Uh, no.  Just Not Going To Happen!

(If you would like to see exactly how much time we have before we hit the actual deadline, check out the Doomsday Clock on our Residential Solar page.)

However, the reality of that deadline does have consequences.  For potential commercial clients, sorry, but you are out of luck - there is just not enough time to get a new commercial project designed, permitted, constructed, and approved before July 1.

Potential residential clients are in a slightly better position, but only slightly as your window of opportunity is rapidly closing.  For example, we are already booked solid for the entire month of May with just SCE projects (we have pushed everyone else back to try and help as many as possible in SCE territory meet the deadline), and we can only guarantee an approved interconnection for NEM 1.0 by mid-June.  If you’ve been thinking about solar in SCE-land, please don’t wait, call or email us today!

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Jim Jenal is the Founder & CEO of Run on Sun, Pasadena's premier installer and integrator of top-of-the-line solar power installations.
Run on Sun also offers solar consulting services, working with consumers, utilities, and municipalities to help them make solar power affordable and reliable.

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