University of San Diego

San Diego Journal of Climate & Energy Law

Article Title

Who Regulates the Smart Grid? : FERC's Authority Over Demand Response Compensation in Wholesale Electricity Markets


Joel B. Eisen


This Article argues that Order 745 is both justified under the Federal Power Act (FPA) and important to ensure the transition to a clean energy future. A challenge to Order 745, Electric Power Supply Association v. FERC, is currently pending in the D.C. Circuit. This Article contends that Order 745 should be upheld against this challenge because it fits within FERC’s broad authority to regulate the wholesale power markets.

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