May 6, 2020
DC Circuit grills NARUC, FERC on whether Order 841 will harm state ability to regulate distribution
A three judge panel on the U.S. Court of Appeals for the D.C. Circuit pressed counsel on Tuesday on whether or not Order 841, a landmark federal storage order, was encroaching on state authority over the distribution system. This article from Utility Dive quotes Jason Burwen, ESA’s VP of policy:
‘FERC’s counsel did an admirable job of laying out the importance of distributed energy storage access to wholesale markets, in line with FERC’s responsibility to ensure just and reasonable rates,’ Jason Burwen, vice president of policy for ESA told Utility Dive in an email. ‘We are cautiously optimistic that the questions focused by the D.C. Circuit on whether states could prove harm may be a signal that the Court is not inclined to vacate the Order … a reversal by the Court would cause significant disruption to electric system innovation and resilience provided by distributed storage.’
