Demand Response

News & Analysis as of

Energy Bulletin (US) - October 2015

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Supreme Court hears “demand-response” arguments on FERC rule. On October 14,...more

Supreme Court Hears Arguments on FERC Demand Response Policy

The Energy Policy Act of 2005 ("EPAct 2005") established a national policy to encourage reliable and affordable demand response services. Demand response refers to the ability of retail electric customers to reduce or shift...more

Power dynamics: Forces shaping the future of coal in the United States

Coal-fired plants have been the backbone of US power generation for more than a century, and they still account for nearly 40 percent of power generation in the country. But coal's dominance in the United States is waning. It...more

Supreme Court Questions FERC Authority to Regulate Electricity Market Demand Response to Bolster Grid Reliability

Ensuring the reliability of the electric power grid in times of extreme weather and other times of peak usage is critical to avoid interruptions in power and black outs. Reflecting on the 2014 Polar Vortex, the paramount...more

Supreme Court Argument on Demand Response Marked by Ideological Divisions

On Wednesday, October 14, 2015, the parties to the U.S. Supreme Court case FERC v. EPSA made their arguments before the justices. This case involves the validity of the Federal Energy Regulatory Commission’s (FERC or...more

SCOTUS Entertains Oral Argument on FERC Order 745, the “Demand Response” Rule

The U.S. Supreme Court heard oral argument this morning in FERC v. Energy Power Supply Association. At issue is the validity of FERC’s Order 745, the so-called “demand response” compensation rule. Full text of the rule (PDF)....more

Energy & Environment Update - September 2015 #4

ENERGY AND CLIMATE DEBATE - After a busy week with Yom Kippur and visits from Pope Francis and Chinese President Xi Jinping, Congress is focusing this week on finalizing a continuing resolution and preparing for new...more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Supply and Demand Geographic Mismatch (Part 2 of 6)

The Problem: Supply and Demand Geographic Mismatch Because much of America’s renewable energy supply is inland and demand is on the coasts (about 52% of the U.S. population is coastal), demand cannot meet supply without...more

Failure To Follow Up Demand Dooms Derivative Suit

Shareholders wanting to pursue a derivative suit all come to the same fork in the road.  One fork is to make a demand.  The other is to file a lawsuit and allege that demand would have been futile.  Most plaintiffs choose the...more

The Fate of Demand Response Hangs in the Balance

The Justices of the United States Supreme Court are not strangers to the retail versus wholesale distinction that often plagues FERC’s regulations. Indeed, on January 12, 2015 they heard arguments in Oneok v. Learjet...more

On to the Supreme Court? The D.C. Circuit Denies FERC’s Request for Rehearing En Banc of its Decision to Vacate FERC’s Demand...

On September 17, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the Federal Energy Regulatory Commission’s request for rehearing en banc of the D.C. Circuit’s decision to vacate FERC’s...more

Divided Court of Appeals Panel Vacates FERC Order 745 on Compensation of Demand Response

FERC’s Order No. 745 requiring independent regional grid operators (RTOs and ISOs) in limited circumstances to compensate providers of state-authorized demand response services in the same amounts that they compensate...more

DC Circuit Overturns FERC Rule Authorizing Payments For Demand Response Services

In a 2-1 decision with potentially broad ramifications for power markets, the U.S. Court of Appeals for the D.C. Circuit has overturned the Federal Energy Regulatory Commission’s rule requiring ISO and RTOs to pay electricity...more

Court overturns FERC Order 745 on demand response

A federal appellate court has overturned the Federal Energy Regulatory Commission's key ruling on demand response -- when electricity customers respond to signals about the scarcity of electricity by temporarily reducing...more

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