January 26, 2016
Unchecked Authority: Supreme Court Says FERC Payment Of Full LMP To Demand Response OK Because Of Harmony With FERC's Statutory Charge Of "Holding Down Prices And Enhancing Reliability"
In a decision declaring a broad interpretation of FERC's authority, the U.S. Supreme Court overturned a lower court and ruled that FERC's Order 745, which requires full payment of LMP to demand response, is consistent with FERC's jurisdiction under the Federal Power Act.