FERC v. EPSA and Adjacent State Regulation of Customer Energy Resources

9 Pages Posted: 25 Apr 2016

See all articles by Jim Rossi

Jim Rossi

Vanderbilt University - Law School

Jon Wellinghoff

Stoel Rives LLP

Date Written: April 23, 2016


This Essay explores the implications of the U.S. Supreme Court's decision in FERC .v. EPSA for state regulation of customer energy resource initiatives, such as net metering policies for rooftop solar and energy storage programs. Unlike many past judicial decision that fixate on a jurisdictional "bright line," EPSA does not define a turf for state policymaking as beyond FERC's reach but instead recognizes how state policies operate adjacent to FERC's regulation of practices affecting wholesale rates. As the first Supreme Court case to explicitly recognize cooperative federalism programs in the regulation of modern energy markets under the FPA, ESPA is also a victory for state policy flexibility. At the same time, its endorsement of expansive FERC authority to address discriminatory practices will only help to ensure that state clean energy policies complement - and do not work at odds with - competitive, efficient and reliable energy markets.

Keywords: energy regulation, federalism, renewable energy, clean energy, energy markets

Suggested Citation

Rossi, Jim and Wellinghoff, Jon, FERC v. EPSA and Adjacent State Regulation of Customer Energy Resources (April 23, 2016). 40 Harvard Environmental Law Review Forum 23 (2016), Available at SSRN: https://ssrn.com/abstract=2769336 or http://dx.doi.org/10.2139/ssrn.2769336

Jim Rossi (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Ave S
Nashville, TN 37203-5724
United States
6153436620 (Phone)

Jon Wellinghoff

Stoel Rives LLP ( email )

600 University Street, Suite 3600
Seattle, WA 98101
United States

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