Today’s LiveWire Spotlight addresses a ruling by the DC Court of Appeals which fully voids all sections of FERC Order 745. The Court found that economic incentives allotted to customers who reduce electricity consumption encroaches on the states’ exclusive jurisdiction to regulate the retail market.

A slow-down in the adoption of demand response has begun to bring question to the industry’s ability to meet state and federal environmental mandates. This could drive FERC to address the U.S. court’s concerns in a new order on the same topic.