Supreme Court of the United States
Federal Energy Regulatory Commission, Petitioner v. Electric Power Supply Association Enernoc, Inc.…
January 25, 2016136 S. Ct. 760
Summary
The Supreme Court held that the Federal Energy Regulatory Commission has statutory authority under the Federal Power Act to regulate wholesale demand response programs because they directly affect wholesale rates without intruding on state authority over retail sales. The Court further ruled that the Commission's decision to compensate demand response providers at the same price as generators was not arbitrary and capricious.