News Release: June 11, 2014
FERC to Seek en banc Review of Demand Response Ruling
Federal Energy Regulatory Commission (FERC) Acting Chairman Cheryl LaFleur today announced that FERC will ask the full U.S. Court of Appeals for the District of Columbia Circuit to rehear en banc the May 23, 2014 decision (Electric Power Supply Ass’n v. FERC, D.C. Cir. Nos. 11-1486, et al.) by a three-judge panel that, in a split ruling, vacated FERC’s final rule on demand response compensation in organized wholesale energy markets (Demand Response Compensation in Organized Wholesale Energy Markets, Order No. 745, FERC Stats. & Regs. ¶ 31,322 (2011), order on reh’g, Order No. 745-A, 137 FERC ¶ 61,215 (2011)). Under the rules of the D.C. Circuit, requests for rehearing are due July 7.