DC Circuit Upholds FERC Energy Storage Rule

On July 10, 2020, the U.S. Court of Appeals for the D.C. Circuit upheld the Federal Energy Regulatory Commission’s (FERC) Order Nos. 841 and 841-A, relating to the participation of energy storage resources in wholesale markets, against “facial” challenges to various aspects of the Orders brought by the National Association of Regulatory Utility Commissioners (NARUC) and other Petitioners. The court’s opinion recognizes that there might be future “as applied” challenges to the Orders.

See opinion here: https://www.cadc.uscourts.gov/internet/opinions.nsf/E12B1903B0477E21852585A1005264D7/$file/19-1142-1851001.pdf