Federal Energy Regulatory Commission v. Electric Power Supply Association

Docket No. 14-840, 14-841

Consolidated with:

  • EnerNOC, Inc. v. Electric Power Supply Association, 14-841


  1. Did the Federal Energy Regulatory Commission reasonably conclude that it has authority under the Federal Power Act, 16 U.S.C. 791a et seq., to regulate the rules used by operators of wholesale electricity markets to pay for reductions in electricity consumption and to recoup those payments through adjustments to wholesale rates?

  2. Did the Court of Appeals err in holding that the rule issued by the Federal Energy Regulatory Commission is arbitrary and capricious?

Merit Briefs:

Amicus Briefs

In Support of Petitioners

In Support of Respondents

In Support of Neither Party