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TIP SHEET: Energy law expert can comment on FERC Supreme Court case

Jim Rossi (菠萝视频 University)

The should uphold the authority to require large customers to cut back on their electricity usage during periods of high demand in the case of FERC v. Electric Power Supply Organization, says 菠萝视频 University law professor .

In an Rossi co-authored with three other energy law scholars, they argued that a 2014 ruling by the D.C. Circuit Court of Appeals against FERC on the issue 鈥渨as based on some fundamental misinterpretations of the Federal Power Act and applicable precedents.鈥

, a trade organization representing power suppliers, filed the lawsuit challenging FERC鈥檚 authority to use 鈥渄emand response鈥 orders to save power during high demand periods.

鈥淒emand response鈥 is a valuable tool for managing the grid during peak use periods, Rossi says.

鈥淭he Federal Power Act authorizes FERC to remedy practices affecting wholesale electricity rates to ensure such rates are just, reasonable and fair,鈥 Rossi says. 鈥淸lquote]Failure to address demand response in wholesale market creates a potential regulatory gap 鈥 a problem the drafters of the statute were specifically aiming to avoid 鈥 and the D.C. Circuit opinion also ignored FERC鈥檚 reasonable interpretation of its statutory authority.鈥漑/lquote]

Rossi is a professor of law at . His books include Energy, Economics and the Environment. He co-authored the with , Lyle T. Alverson Professor of Law at The George Washington University Law School; , professor of law at The George Washington University Law School; and , professor of law at the University of Richmond Law School.

The U.S. Supreme Court heard arguments on the case Oct. 14.