FERC's Incentive Rule Goes Too Far, Utilities Tell DC Circ.

Law360, New York (June 8, 2012, 4:01 PM EDT) -- A coalition of utilities and California’s utilities regulator urged the D.C. Circuit on Wednesday to strike down a landmark compensation rule adopted by the Federal Energy Regulatory Commission that will pay consumers to reduce energy consumption during peak usage, claiming the regulator is overstepping its authority.

The Electric Power Supply Association, a national trade group, and scores of utilities claim the FERC’s demand response compensation rule, adopted in March 2011, violates the Federal Power Act because it regulates retail electricity sales, which are exclusively subject to...
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