2018 Energy Law Student Writing Competition


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.”