AEMA Praises Supreme Court Decision to Hear Case

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AEMA sees Supreme Court decision to hear appeal as affirming for consumer choice and demand response.

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Empowering Consumers Through Demand Response

The Advanced Energy Management Alliance (AEMA) welcomes the announcement today by the U.S. Supreme Court that the chamber will hear an appeal of the DC Circuit Court of Appeals decision vacating Federal Energy Regulatory Commission’s (FERC) Order 745 (Electric Power Supply Ass’n v. FERC, D.C. Circuit No. 11-1486).

“We are pleased that the U.S. Supreme Court has agreed to hear this case as a matter of public policy import. The lower court’s decision to vacate FERC Order 745 is inconsistent with the law and undermines the rights of customers to make smart choices about how they consume energy,” stated Jon Wellinghoff, strategic advisor to AEMA, former Chair of the FERC and the key author of Order 745. “I am confident that when the Justices hear the merits of this case, they will restore FERC’s authority in this matter.”

Because this court case predates the group’s founding, AEMA is not a party to this case. Several members of AEMA have filed petitions for writs of certiorari or amicus briefs in support of those petitions. Further, a wide range of interest groups including states, utilities, environmental organizations, electricity consumers and consumers’ rights groups submitted briefs in support of an appeal, indicating the far-reaching public policy implications of this case.

As the Justices prepare to hear this case, deployment of demand response throughout the United States continues to grow, offering greater reliability to the grid, while saving consumers billions of dollars annually. If the Supreme Court overturns the DC Circuit decision, the door should be closed on threats to demand response participation in wholesale markets.

About AEMA:
The Advanced Energy Management Alliance (AEMA) is an association of providers and supporters of demand response united to overcome barriers to nationwide use of demand response for an environmentally preferable and more reliable grid. AEMA advocates policies that empower and compensate customers to manage their energy usage and make the electric grid more efficient, more reliable, more environmentally friendly, and less expensive.

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