National Association of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission, No. 19-1142 (D.C. Cir. 2020)Annotate this Case
The DC Circuit denied a petition for review of orders related to FERC's efforts to remove existing barriers to the participation of electric storage resources (ESRs) in the Regional Transmission Organization and Independent System Operator markets (RTO/ISO markets), independent, nonprofit companies that manage segments of the federal grid.
The court held that petitioners failed to show that Order Nos. 841 and 841-A run afoul of the Federal Power Act's jurisdictional bifurcation or that they are otherwise arbitrary and capricious. After determining that petitioners have standing to bring their claims and that the matters are ripe for review, the court held that because the challenged orders do nothing more than regulate matters concerning federal transactions – and reiterate ordinary principles of federal preemption – they do not facially exceed FERC's jurisdiction under the Act. The court also held that FERC's decision to reject a state opt-out was adequately explained.