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ENERNOC, INC. v. ELECTRIC POWER SUPPLY ASSOCIATION

Docket No.: 14-841
Certiorari Granted: 05/04/15
Argued: October 14, 2015
Consolidated with: Docket No. 14-840

Topics:

Administrative Procedure, Commerce Clause, Consumer Protection, EPA, Federal Energy Regulatory Commission, Federal Power Act, Fifth Amendment, Internal Revenue Code, Takings Clause, Tucker Act, abuse of discretion, interstate commerce, state jurisdiction

PartyNames: EnerNOC, Inc., et al. v. Electric Power Supply Association, et al.
Petitioner: EnerNOC, Inc., et al.
Respondent: Electric Power Supply Association, et al.

Court Below: United States Court of Appeals for the District of Columbia Circuit
Citation: 753 F.3d 216
Supreme Court Docket

EnerNOC, Inc., et al.
v.
Electric Power Supply Association, et al.
Consideration Limited:

THE FOLLOWING QUESTIONS: 1. WHETHER THE FEDERAL ENERGY REGULATORY COMMISSION REASONABLY CONCLUDED THAT IT HAS AUTHORITY UNDER THE FEDERAL POWER ACT, 16 U.S.C. 791a et seq., TO REGULATE THE RULES USED BY OPERATORS OF WHOLESALE ELECTRICITY MARKETS TO PAY FOR REDUCTION IN ELECTRICITY CONSUMPTION AND TO RECOUP THOSE PAYMENTS THROUGH ADJUSTMENTS TO WHOLESALE RATES. 2. WHETHER THE COURT OF APPEALS ERRED IN HOLDING THAT THE RULE ISSUED BY THE FEDERAL ENERGY REGULATORY COMMISSION IS ARBITRARY AND CAPRICIOUS.

Question Presented:

Whether the Federal Energy Regulatory Commission's jurisdiction over interstate markets for wholesale sales of electric energy under sections 201, 205 and 206 of the Federal Power Act, 16 U.S.C. $$ 824(b)(1), 824d and 824e, provides the Commission with authority to regulate participation in those markets by demand response resources?

ENERNOC, INC. v. ELECTRIC POWER SUPPLY ASSOCIATION
ORAL ARGUMENT

October 14, 2015

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