BRATTLEBORO — The town has filed a lawsuit against NextSun Energy after contract disputes and is no longer receiving net metering credits associated with a solar array.

"NextSun has filed a motion to dismiss in response to the complaint that we filed in the Vermont Superior Court Civil Division," Select Board Chairman David Gartenstein said at Tuesday's meeting. "And we are going to be responding to that motion to dismiss and litigating about the parties' rights with respect to those net-metering credits."

The agreement was first established with Green Lantern when a solar array was constructed. The town expected to receive credits for up to 20 years. The contract was later transferred to NextSun.

Disagreements over "successive versions" of the contract led to NextSun "essentially cancelling" the contract, Gartenstein said.

"We were making payments to the organizer of that solar array and then getting back rebates or refunds from the utility provider, our electric company, in an amount greater than we were paying to that provider and thereby saving money on the town's electric bills by participating in a solar power array," said Gartenstein. "It was something that the (town) Energy Committee had supported and advocated for and we were happy to be able to participate in."

During an Energy Committee meeting last month, Brattleboro Energy Coordinator Paul Cameron mentioned the town was looking for other options around net metering. On Wednesday, he said he didn't have anything new to report.


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An employee at NextSun refused to comment when reached Wednesday by phone.

Contact Chris Mays at cmays@reformer.com or 802-254-2311, ext. 273.