DC Circ. Told FERC Energy Storage Orders Are Discriminatory

Law360 (April 7, 2021, 5:29 PM EDT) -- Clean energy advocates have urged the D.C. Circuit to vacate a Federal Energy Regulatory Commission order allowing a Midwestern grid operator to treat certain energy storage facilities as transmission assets, calling it unfairly discriminatory against entities not yet serving the grid.

Public utilities, renewable energy developers and clean energy advocates urged the D.C. Circuit in an opening brief Tuesday to vacate FERC orders that allowed Midcontinent Independent System Operator Inc. to permit certain storage facilities to qualify as a transmission-only asset in MISO's annual expansion planning when needed to address a nonroutine transmission issue.

The petitioners told the circuit court that...

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