High Court Split Over Limits Of FERC Power Demand Authority

The U.S. Supreme Court appears to be split on whether the Federal Energy Regulatory Commission could issue a rule resulting in consumers getting paid for using less power during high-demand periods.

Attorney Stephen Humes said, “This case is all about the court drawing a line in the Federal Power Act between what's a wholesale sale and what's a retail sale. This case really deals with the overlap of state programs on retail demand response and FERC programs on wholesale demand response. There's a real need for clarity here.”

READ: High Court Split Over Limits Of FERC Power Demand Authority (subscription may be required)