Storage Order Fuels Legal Battle Over FERC Authority
A looming legal brawl over a new Federal Energy Regulatory Commission order will trigger a fresh round of judicial scrutiny focused on the line between state and federal authority in wholesale power markets, reports E&E News.
“Power producers and state regulators last month sued in the U.S. Court of Appeals for the District of Columbia Circuit over Order No. 841, a FERC directive that opens the door for batteries and other energy storage technologies to participate in wholesale electricity markets — even if they are behind a retail meter,” according to E&E News’ Pamela King.
She quoted Ari Peskoe, director of Harvard Law School’s Electricity Law Initiative: “This is a big deal because potentially we’ll see whether FERC has the authority to invite distribution-level resources into the market.”
