EDF Asks D.C. Circuit to Uphold FERC Energy Storage Order

(Washington, D.C. – February 10, 2020) EDF is asking the U.S. Court of Appeals for the D.C. Circuit to uphold an order that permits energy storage to compete fairly in wholesale power markets.

EDF filed a brief with the D.C. Circuit late Friday outlining support for the Federal Energy Regulatory Commission’s Order 841.

“Removing market barriers to provide energy storage a pathway to compete is critical to realizing a clean energy future,” said EDF Director of Federal Energy Policy and Senior Attorney Michael Panfil. “FERC’s order levels the playing field between energy storage and traditional fossil fuel generators, and unlocks the resource’s enormous environmental and cost-savings potential for all Americans.”

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 and clean energy policy.

Opponents, including an association of traditional utility companies and NARUC, sued to block the rule. EDF is intervening in the case in support of FERC’s order, along with NRDC and VoteSolar, both represented by EarthJustice. You can read the full brief here.

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