Justices Set To End Turf Battle Over Power Demand Payment

Law360, New York (May 4, 2015, 6:46 PM EDT) -- The U.S. Supreme Court is now poised to draw a line between federal and state jurisdiction that has billion-dollar implications for the nation's electricity markets, after agreeing Monday to decide whether the Federal Energy Regulatory Commission has the authority to issue a rule that consumers be paid for using less power during high-demand periods.

The high court granted the federal government's certiorari petition and will consider whether FERC reasonably concluded that it had authority under the Federal Power Act to issue its so-called demand response rule and whether a divided D.C. Circuit panel erred in finding that the rule usurped state...

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