National Association of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission

964 F.3d 1177 (2020)

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National Association of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission

United States Court of Appeals for the District of Columbia Circuit
964 F.3d 1177 (2020)

Facts

The Federal Energy Regulatory Commission (FERC) (defendant) issued an order seeking to increase wholesale-energy competition by making it easier for electric-storage resources (ESRs) to participate in federal wholesale markets. The order required every market to ensure that ESRs were able to provide the capacity and energy that they were technically capable of providing. The requirement applied regardless of whether the ESR was on the interstate electric grid or on a local, intrastate distribution system. In effect, the order prohibited states from banning local ESRs from participating in such wholesale markets. The National Association of Regulatory Utility Commissioners (NARUC) (plaintiff) petitioned for review of the order in federal court, alleging that it impinged on states’ jurisdiction over facilities used in local distribution.

Rule of Law

Issue

Holding and Reasoning (Wilkins, J.)

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