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Case Summary of Electric Power Supply Association v. FERC Available online

from EBA

Part of the mission of the EBA Judicial Review Committee is to provide the membership with timely case summaries. In a 2-1 decision (Judge Edwards dissenting) on May 23, 2014, the United States Court of Appeals for the District of Columbia vacated a Federal Energy Regulatory Commission (FERC) rule that compensated demand response providers who participate in the day-ahead and real time energy markets at the same locational marginal price as generators clearing in those markets. The Court found that FERC had exceeded its statutory authority by issuing the rule. Additionally, the Court found that even if FERC had the statutory authority to issue the rule, the rule was nonetheless arbitrary and capacious as it would result in unjust and unreasonable rates. Read more about this case and others through the EBA website "Resources" section. more


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