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The ruling means the array—which has sat unused for a year and a half despite being fully built—can finally be switched on once an independent engineer completes a safety review and the tribe resolves any resulting technical recommendations.

The PUC ordered the utility to continue supplying electricity to the casino provided the solar system remains behind the meter—meaning it does not export power onto the wider grid.

“What you’re doing is wrong,” Commissioner Audrey Partridge told the cooperative during Thursday’s hearing, according to news reports. “I think you have lost your tether to the purpose of an electric utility.”

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It could, therefore, take quite a bit longer than the timing of the initial filing indicates. The CFTC would have to publish its action and solicit public comment after White House review before writing a formal proposed rule. Any final rule would have to undergo another review and comment period before it could take effect. 

The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to. 

The CFTC’s move also comes as other US regulators continue to craft their own crypto policies. The agency and the Securities and Exchange Commission (SEC) jointly issued an interpretation in March on how certain crypto assets would be treated under federal securities laws. 

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