The Federal Energy Regulatory Commission's case for incentivized demand response programs will be heard by the U.S. Supreme Court in the near future.
Up until last year, FERC's Order 745 allowed monetary rewards for commercial and industrial energy customers who drastically cut their consumption to ease peak demand. Though the measure was struck down in the D.C. Court of Appeals last year, the highest court in the land will take a stab at sorting out this issue.
Retail energy providers have opposed Order 745 in the few years it's been in place as a violation of their states' Tenth Amendment rights. The federal government paying organizations to turn off their power doesn't seem to them like fair play.
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