Solar Revolution: First Shots Fired in Sandfly

Doctors Sidney Smith and Pat Godbey are unlikely revolutionaries, one a dermatologist, the other a pathologist, but with the installation of a pole-mounted solar array next to the Driftaway Cafe in Sandfly they have fired the first shot heard around Georgia, challenging an archaic law.

At issue is whether they can install the array at their own expense and sell the energy to the Driftwaway Cafe — in this case at a small discount from that charged by Georgia Power. In effect they are leasing the land, making the initial capital investment, capturing some of the solar energy falling on the property and selling it back to the property owner at a discount in compensation for the lease.

Under current regulations, promulgated by a law in 1973, Dr.s Smith and Godbey are defined as a utility and, as such, are not permitted to make what is called a Power Purchase Agreement.

This restriction, originally meant to preserve a territorial monopoly for Georgia Power and for electric co-ops, is one of the major stumbling blocks to more widespread use of solar power in Georgia. Georgia falls well short of many other states — even though it has more solar hours than some of those states. States that have embraced solar have seen a sharp increase in installations, created more jobs, and, most important, have attracted manufacturers to build factories in their states.

My feeling, and it parallels that of the solar revolutionaries, is that this is a private property issue. Private property rights are sacrosanct under the Constitution, and the government must show a compelling reason to restrict them. Solar energy rights are really no different than mineral rights. It’s just that mineral rights are below the earth’s surface, and solar energy rights are above ground.

I’m not a lawyer, but it would seem that just tweaking the 1973 law to exclude solar, wind and other renewable energy sources developed on private property by a third party for the use of the owner of that property would resolve this issue and help stimulate the growth of a dynamic solar industry in Georgia.

This is also a win-win for Georgia Power. They may lose a teeny amount of revenue, but they also have lowered demand for electricity during peak hours when their costs of energy go up.

There should be an amicable way to resolve this for the interests of all Georgians. — js