Utility of the Future

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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The Rise of DG: Options for Addressing the Environmental Consequences of Increased Distributed Generation

States across the country are witnessing a surge in distributed electricity generation. DG has the potential to provide significant economic and reliability benefits. DG powered by zero- or low-emissions resources may also confer significant environmental benefits. But not all DG comes from these relatively clean sources. Increased reliance on “dirty DG,” especially DG that runs on diesel fuel, has …

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SCOTUS Blog | Guarini Center Analysis of EPSA Ruling

SCOTUS Blog notes that the Guarini Center’s Matthew Christiansen suggests that, 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 toward clarifying the legal regime governing the FERC’s exercise of its jurisdiction more generally.” READ MORE

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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Building New York’s Future Electricity Markets: Identifying Policy Prerequisites & Market Relationships

New York State’s “Reforming the Energy Vision” (REV) proceeding aims to improve the efficiency of the State’s electricity system by animating markets for distributed energy resources (DERs). Thus far, the New York State Public Service Commission (Commission) has laid out several aspirational features of its DER market vision. The Commission has determined that distribution utilities will serve …

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Minding the Gaps: Identifying Priority Areas for REV Demonstration Projects to Address

New York’s “Reforming the Energy Vision” (REV) proceeding aims to take advantage of advances in distributed energy resource (DER) technology to make the State’s electricity system more efficient, resilient, and sustainable. The change that New York seeks to achieve is nothing short of transformative and will take many years to fully realize. To ensure that utilities make …

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