FERC

FERC v. EPSA: Functionalism and the Electricity Industry of the Future

This article examines the Supreme Court’s recent decision in Federal Energy Regulatory Commission v. Electric Power Supply Association. It argues that the decision represents a deeply functional and pragmatic approach to the Federal Power Act. That approach, it concludes, represents a promising development for the future of electricity regulation, especially for programs such as net metering …

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Case Update: The Supreme Court Upholds FERC Order 745

On Monday, the Supreme Court held that the Federal Energy Regulatory Commission (“FERC”) has jurisdiction under the Federal Power Act (“FPA”) to regulate demand response in wholesale electricity markets.[1]  Although the decision is, first and foremost, a significant victory for the FERC and its efforts to support demand response, it also goes a long way …

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Electricity Regulation at the Supreme Court: What Might the Grant of PPL Mean for EPSA?

Last week, the Supreme Court granted certiorari in Hughes v. PPL EnergyPlus, LLC (“PPL”), its second case of the term involving the Federal Energy Regulatory Commission’s (“FERC”) regulation of wholesale electricity markets. Two days earlier, the Court heard oral argument in the first case, Federal Energy Regulatory Commission v. Electric Power Supply Association (“EPSA”). Following …

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Brief as Amicus Curiae in Support of Petitioners in EnerNOC v. Electric Power Supply Ass’n

The Guarini Center has submitted an amicus curiae brief to the Supreme Court supporting the US government’s position in the case EnerNOC v. Electric Power Supply Association. The outcome of this case will determine the extent to which the Federal Energy Regulatory Commission (FERC) can regulate demand response programs in wholesale energy markets. These programs …

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Amicus Curiae Brief of the Guarini Center on Environmental, Energy and Land Use Law at New York University School of Law in Support of Petitioners (Federal Energy Regulatory Commission v. Electric Power Supply Association, Supreme Court of the United States)

NYU Law’s Guarini Center submitted this amicus brief to the Supreme Court supporting the US government’s position in the case Federal Energy Regulatory Commission v. Electric Power Supply Association. The outcome of the case will determine the extent to which the Federal Energy Regulatory Commission (FERC) can regulate and promote demand response programs in wholesale …

Amicus Curiae Brief of the Guarini Center on Environmental, Energy and Land Use Law at New York University School of Law in Support of Petitioners (Federal Energy Regulatory Commission v. Electric Power Supply Association, Supreme Court of the United States) Read More »

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