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Supreme Court of the United States Demand Response

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - October 2019 #2

Supreme Court Showdown Set Over Pipeline Crossing of Appalachian Trail - "Led by Dominion and Duke Energy, the company contends that 'long-standing precedent' allows pipelines to cross the 2,000-mile national scenic...more

Wilson Sonsini Goodrich & Rosati

New Energy Opportunities in CAISO: Aggregation of Behind-the-Meter Resources and Participation in Wholesale Energy Markets

Six months ago, the U.S. Supreme Court issued its decision in EnerNoc v. Electric Power Supply Association, 577 U.S. ___ (2016), holding that the Federal Power Act (FPA) provides the Federal Energy Regulatory Commission...more

McNees Wallace & Nurick LLC

Legal Battle Over Energy Savings Continues to Simmer

Each month, electric bills arrive like clockwork. For large commercial and industrial businesses, especially those that are energy-intensive, these electric bills can represent a sizeable portion of a business’s monthly...more

WilmerHale

Energy Sector Alert Series: Appellate Courts Hearing More Energy Cases

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In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Attorneys from across the firm will discuss issues ranging from environmental disclosures and risk...more

Davis Wright Tremaine LLP

DWT Energy Update

On January 25, 2016, the U.S. Supreme Court, in a 6-2 decision authored by Justice Kagan and supported by the Chief Justice, reversed the D.C. Circuit’s holding that the Federal Energy Regulatory Commission (FERC) intruded on...more

Cozen O'Connor

Supreme Court Rules that FERC Wholesale Markets Can Compensate Demand Response Providers

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In late January, the Supreme Court issued a decision in Federal Energy Regulatory Commission v. Electric Power Supply Association, et al., 577 U.S. __, slip. op. (2016) upholding Federal Energy Regulatory Commission (FERC)...more

Mintz - Energy & Sustainability Viewpoints

Supreme Court Affirms FERC Demand Response Authority

Last week, the Supreme Court handed down a ruling affirming that federal regulators may encourage large electricity users to reduce consumption at peak times in exchange for price breaks, a practice known as “demand...more

Katten Muchin Rosenman LLP

Bridging the Week - February 2016

Bank Wins Dismissal of Lawsuit Claiming It Misled FCM About the Appropriateness of an Investment for Customer Segregated Funds: A lawsuit against JPMorgan Chase & Co., and various affiliates and employees (collectively,...more

Moore & Van Allen PLLC

Supreme Court: FERC Has Authority to Regulate Electricity Market Demand Response Prices to Bolster Grid Reliability

Several energy cases have worked their way to the steps of the U.S. Supreme Court recently. On Monday January 25, 2016, the High Court issued its 6-2 decision in FERC v. Electric Power Supply Assn, et al., 577 U. S. ____...more

Holland & Knight LLP

Supreme Court: FERC Can Regulate Programs Directly Impacting the Wholesale Power Market

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In FERC v. Electric Power Supply Association et al., the U.S. Supreme Court held in a 6-2 decision that the Federal Energy Regulatory Commission (FERC) has the authority, pursuant to the Federal Power Act (FPA), to regulate...more

Allen Matkins

Renewable Energy Update - January 2016 #4

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Renewable Energy Focus - The Verdict Is In: CPUC Preserves Net Metering In California - Solar Industry - Jan 28 In a 3-2 vote this morning, the California Public Utilities Commission (CPUC) issued its long-awaited...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Upholds FERC Jurisdiction Over Demand Response

On January 25, 2016, in a 6-2 decision delivered by Justice Kagan, the U.S. Supreme Court upheld the authority of the Federal Energy Regulatory Commission (FERC) under the Federal Power Act to require wholesale market...more

Morgan Lewis

US Supreme Court Holds FERC Has Jurisdiction Over Demand Response

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Decision brings more clarity to jurisdictional boundaries between state public utility regulatory commissions and FERC set forth by the Federal Power Act. On January 25, the US Supreme Court, in a 6-2 decision, ruled in...more

Pierce Atwood LLP

Supreme Court Upholds FERC's Jurisdiction Over Wholesale Demand Response Programs

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On January 25, 2016, the United States Supreme Court upheld the Federal Energy Regulatory Commission’s (FERC) jurisdiction over wholesale demand response programs in a 6-2 decision.  Please click here to read the decision,...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Vindicates FERC’s Demand Response Policy in 6-2 Vote

The Supreme Court’s decision in Federal Energy Regulatory Commission v. Electric Power Supply Association (FERC v. EPSA) will certainly cheer up Federal Energy Regulatory Commission (FERC) policymakers still digging out after...more

Foley Hoag LLP - Environmental Law

Good Law Catches Up With Good Policy: The Supreme Court Upholds FERC’s Demand Response Order

The Supreme Court today affirmed FERC’s Order No. 745, which required that demand response resources be treated the same as generation resources when participating in wholesale electricity markets. I’m feeling vindicated,...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Federal Energy Regulatory Commission v. Electric Power Supply Association and EnerNOC, Inc. v. Electric...

On January 25, 2016, the United States Supreme Court decided Federal Energy Regulatory Commission v. Electric Power Supply Association, No. 14-840, together with EnerNOC, Inc. v. Electric Power Supply Association, No. 14-841,...more

Stoel Rives LLP

U.S. Supreme Court Upholds FERC Demand Response Rule in Energy Story of the Year

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In the biggest consumer energy story of the day, and perhaps the decade, the U.S. Supreme Court today upheld FERC’s jurisdictional authority in FERC Order 745. Read the Decision here (PDF). The so called Demand Response Rule...more

Orrick, Herrington & Sutcliffe LLP

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

Moore & Van Allen PLLC

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

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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

Akin Gump Strauss Hauer & Feld LLP

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

Stoel Rives LLP

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

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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

Mintz - Energy & Sustainability Viewpoints

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

Cadwalader, Wickersham & Taft LLP

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

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