FERC Can't Regulate Retail Electricity Prices, DC Circ. Told

Law360, Washington (September 23, 2013, 5:46 PM EDT) -- A group of electricity companies urged the D.C. Circuit on Monday to toss a controversial Federal Energy Regulatory Commission rule requiring consumers be paid for using less power during high demand periods, claiming that authority lies with state regulators.

According to the Electric Power Supply Association, the FERC's March 2011 demand response compensation rule violates the Federal Power Act by getting involved in price-setting regulation that is typically reserved for state regulators. Although the commission argued that it's merely giving retail consumers an opportunity to participate...
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