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FERC v. Electric Power Supply Association

Full name: FERC v. Electric Power Supply Association and EnerNOC v. Electric Power Supply Association

Click here to read the decision

Stephen Breyer
Ruth Bader Ginsburg
Elena Kagan
Anthony Kennedy
John G. Roberts
Sonia Sotomayor

Antonin Scalia
Clarence Thomas

Samuel Alito

Note: Court justices do not represent any political party. The color of each judge's name represents the political party of the president who appointed the judge.

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Related Issues


What was this case about

The Supreme Court ruled that the Federal Energy Regulatory Commission (FERC) can determine the compensation energy companies must pay to consumers who agree to cut back their energy demands during peak times.

What was the issue involved

Energy suppliers use a practice called demand response to encourage consumers to use less electricity during periods of high demand.

When a consumer uses less electricity, the electricity supplier saves money by not having to purchase the extra electricity. In regulating these transactions, the FERC required electricity suppliers to pay consumers the same price they would have paid to purchase the saved energy.

A group of suppliers challenged the FERC's authority to set that price.

What did the court decide

The Supreme Court ruled that the FERC does have the authority to regulate demand response transactions, and the FERC justified why consumers should receive the same compensation as the supplier would have been paid to an electricity producer.

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