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August 10, 2020

D.C. Circuit Ruling on Order 841 in NARUC v. FERC

On July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit upheld FERC Order 841, denying petitions to overturn the Order. The D.C. Circuit’s decision found that FERC’s directives to allow distributed storage participation in wholesale electricity markets did not violate the Federal Power Act’s jurisdictional line separating FERC’s authority over those markets and states’ authority over local distribution facilities. Therefore, RTOs/ISOs will continue to implement rules and processes by which distributed storage may participate in wholesale markets.

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