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New paper – The Case Against Direct FERC Regulation of Distributed Energy Resources – environment.law.harvard.edu/wp-content/upl…
The utility business model and power generation industry are built upon a century-old legal regime that does not contemplate DERs. At the state level, some legislatures have filled the gap in traditional public utility laws with demand response, net metering, and other programs.
Congress has been largely silent, so FERC is in the process of fitting DER sales into an 85 year old law. Thus far it has not attempted to directly regulate DER sales; rather, it is inviting aggregations of DERs to sell to RTOs (i.e. demand response rules)
