Supreme Court of the United States

FERC v. Electric Power Supply Assn.

January 25, 2016577 U.S. 260

Summary

The Court held that the Federal Power Act grants FERC authority to regulate wholesale market operators' compensation of demand response bids because the practice directly affects wholesale rates and does not impermissibly regulate retail sales. The Court also held that FERC's decision to compensate demand response providers at the same price as generators was not arbitrary and capricious.