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Environment & Energy Report

FERC Wins Appeal Over Letting Stored Energy in Wholesale Markets

July 10, 2020, 4:40 PM

The Federal Energy Regulatory Commission was within its authority under the Federal Power Act when it banned states from stopping energy storage systems from participating in federal energy markets, the D.C. Circuit said Friday.

FERC’s Order No. 841 issued in 2018 was intended to increase wholesale energy competition, and therefore reduce wholesale rates, in Regional Transmission Organization and Independent System Operator markets.

The U.S. Court of Appeals for the D.C. Circuit “found no foul” in the rule that the National Association of Regulatory Commissioners and states argued overstepped the jurisdictional line between the federally run wholesale markets and states’ jurisdiction...

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