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ARTICLE · 21 FEBRUARY 2017

FERC Moderates NYISO Rule Impacting NY-Supported Demand Response

Holland & Knight
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In sustaining the complaint and exempting such resources, FERC reasoned that payments made through such retail demand response programs are actually for providing local services that are separate and apart...

United StatesEnergy and Natural Resources
Stephen J. Humes
Stephen J. Humes
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Stephen J. Humes is a partner in Holland & Knight's New York office

As former Federal Energy Regulatory Commission (FERC) Chairman Norman Bay walked out the door on Feb. 3, 2017, he and the remaining two commissioners issued a decision that makes it easier for New York State to support certain special demand or distributed resources while such projects also qualify for compensation in the wholesale energy markets.

Perhaps what was most remarkable about the decision was Bay's concurring opinion that explained energy federalism after last year's landmark U.S. Supreme Court decisions and delivered a hidden gem for New York State officials committed to the rollout of a clean energy agenda.

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