FERC Will Look Further Into Demand Response Opt-Out

On June 17, 2021, the Federal Energy Regulatory Commission (FERC) issued an Order establishing that the Commission will look further into the opt-out, opt-in requirements set forth in Order Nos. 719 and 719-A and decide whether participation by demand response resources in distributed energy resource (DER) aggregations in regional wholesale markets should be subject to them.

FERC’s News Release states: Today’s action sets aside the Commission’s decision in Order No. 2222-A that the opt-out requirement would not extend to aggregations that include a mix of demand response and other forms of DERs. Instead, the Commission will further evaluate whether to permit demand response to participate as part of a DER aggregate in the context of the Commission’s broader Notice of Inquiry (NOI) proceeding considering whether to revise its regulations to remove the demand response opt-out established in Order Nos. 719 (2008) and 719-A (2009).

FERC’s News Release can be found here: https://elibrary.ferc.gov/eLibrary/filelist?accession_num=20210617-3165

Please see our prior notes about FERC’s March 18, 2021, Order 2222-A and its September 17, 2020, Order 2222 here:

https://www.law-energy.com/post/ferc-amends-landmark-order-2222

https://www.law-energy.com/post/ferc-issues-order-to-open-wholesale-electric-markets-to-distributed-energy-resources