High Court Split Over Limits Of FERC Power Demand Authority

By Keith Goldberg (October 14, 2015, 10:11 PM EDT) -- U.S. Supreme Court justices on Wednesday appeared split over whether the Federal Energy Regulatory Commission could issue a rule that consumers be paid for using less power during high-demand periods, with the conservative wing suggesting the commission stepped into retail electricity territory reserved for the states.

The high court is mulling whether FERC reasonably concluded that it had authority under the Federal Power Act to issue its so-called demand-response rule, and if the D.C. Circuit erred in holding that the rule is arbitrary and capricious because it usurps state authority over retail electricity markets.

The federal government is arguing that demand-response...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!