What's Next For Wholesale Electricity Market Operators

Law360, New York (February 11, 2016, 12:00 PM EST) -- David T. Doot

Joseph H. Fagan

Patrick M. Gerity By now, much has been written about the Jan. 25 decision by the United States Supreme Court in Federal Energy Regulatory Commission v. Electric Power Supply Association, Docket No. 14-840, and EnerNOC Inc. v. Electric Power Supply Association, Docket No. 14-841 (together, EPSA II). EPSA II reversed and remanded the D.C. Circuit Court of Appeals decision holding that the Federal Energy Regulatory Commission did not have jurisdiction over demand response (Electric Power Supply Association v. FERC, 753 F.2d 216 (D.C. Cir. 2014) [EPSA I]). That D.C. Circuit decision found that FERC had...

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