In a 6-2 vote, the Supreme Court held that the Federal Energy Regulatory Commission (FERC) had authority under the Federal Power Act to issue the so-called demand-response rule that requires consumers to be paid for using less power during high-demand periods.
"The court was struck by the fact that everyone agreed that demand-response programs led to lower rates and increased reliability," Holland & Knight attorney Steve Humes said. "That is the core mission of what FERC is supposed to be looking for under the Federal Power Act."
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