D.C. Circuit Hears Argument about Vital FERC Energy Storage Order

May 5, 2020
Sharyn Stein, 202-905-5718, sstein@edf.org

(Washington, D.C. – May 5, 2020) EDF joins allies supporting the Federal Energy Regulatory Commission today for virtual oral argument in a case that will have a vital impact on America’s clean energy future.

This morning a three judge D.C. Circuit panel will hear argument by teleconference about FERC’s Order 841 – an order that permits energy storage to compete fairly in wholesale power markets. EDF is supporting the order.

“FERC’s order 841 creates an even playing field for energy storage to compete with traditional fossil fuel generators, which is an essential step to realizing cleaner, healthier air and a clean energy future for America,” said EDF attorney Michael Panfil. “Order 841 removes market barriers for energy storage and unlocks its enormous public health, environmental and cost-saving potential.”

FERC’s Order 841 “remove[s] barriers to the participation of electric storage resources” in wholesale power markets. The order could catalyze energy storage deployment by up to 50 gigawatts, according to expert analysis. The order unlocks critical benefits from such deployment while carefully respecting longstanding state authority to craft climate, clean air and clean energy policy.

Opponents, including an association of traditional utility companies and NARUC, have sued to block the rule. They will argue against it today, opposite attorneys for FERC.

EDF is intervening in the case in support of FERC’s order, along with NRDC and VoteSolar, both represented by EarthJustice.

A coalition of clean energy trade associations including the Energy Storage Association, the Solar Energy Industries Association, and the Advanced Energy Economy, also intervened in the case in support of FERC Order 841. A coalition of state Attorneys General and a coalition of innovative tech companies including Sunrun, Tesla, Vivint Solar Developer, and ENGIE Storage Services have filed amicus briefs in support of the order.

The case will be heard at 9:30 ET this morning by Judges Rogers, Garland and Wilkins.

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