What to expect when demand response goes before the Supreme Court

From: UtilityDIVE

Legal battles and market uncertainty are the new status quo until SCOTUS rules. And even then, ‘certainty’ could take many forms.

By

To those outside the power industry, demand response is energy efficiency’s lesser known sibling.

But DR, as it’s known in industry circles, will soon have its moment in the national spotlight — even if that ‘moment’ is a Supreme Court case that could cut the resource’s value proposition in wholesale energy markets.

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Hall pointed to several issues that sit at the edge of state v. federal jurisdiction: whether sales of distributed generation are wholesale sales for resale, which would traditionally make them subject to FERC jurisdiction, and whether states or the federal government are responsible for grid reliability and cybersecurity.

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