May 29, 2014

DC Circuit Vacates FERC Rule Mandating Uniform Energy Rates for Demand Response

Summary: In a decision with significant implications for the Federal Energy Regulatory Commission, state commissions and market participants, the U.S. Court of Appeals for the D.C. Circuit held that a FERC rulemaking impermissibly regulated in an area reserved to the states by setting compensation for demand response resources participating in regionally organized wholesale energy markets.

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