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Renewable, Alternative, and Distributed Energy Resources

 

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Energy

Preemption, I Think Not: Evaluating California’s Stored Energy Procurement Law against FERC Order 841

On February 15, 2018, FERC declared existing Regional Transmission Organization/Independent Systems Operator (RTO/ISO)1 market rules governing the inclusion of ESRs2 in the wholesale markets to be “unjust and unreasonable in light of barriers that they present to the participation of electric storage in the RTO/ISO markets, [because they] reduc[e] competition and [fail] to ensure just and reasonable rates.”

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The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association or SEER unless adopted pursuant to the bylaws of the Association. The materials contained herein are not intended as and cannot serve as a substitute for legal advice. Readers are encouraged to obtain advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only.