Up In The Air With FERC's Demand-Response Rule

Law360, New York (November 26, 2014, 10:28 AM EST) -- Since the D.C. Circuit's vacatur of the Federal Energy Regulatory Commission's demand-response rule, FERC Order No. 745, in Electric Power Supply Association v. FERC ("EPSA") last May, the legal status of demand-response participation in the wholesale energy and capacity markets has been hotly debated. While the appeals process in EPSA plays out, certain market participants have filed complaints at FERC arguing that EPSA's jurisdictional analysis extends beyond the energy markets, while others have weighed in that EPSA should be applied more narrowly only to energy (and not capacity or ancillary services markets)....

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