FERC v. Electric Power Supply Ass'n, 577 U.S. 260 (2016), was a case in which the Supreme Court of the United States held that the Federal Energy Regulatory Commission had the authority to regulate demand response transactions.
[2] Under the Federal Power Act,[3] the Federal Energy Regulatory Commission (FERC) is allowed to regulate “the sale of electric energy at wholesale in interstate commerce", including any activities that affect the wholesale price of electricity.
[4] This case involved a dispute about FERC's attempts to regulate a practice called "demand response".
[8] Writing for a majority of the Court, Justice Elena Kagan ruled that FERC possessed the "requisite statutory power" to regulate demand response transactions and that FERC adequately justified why demand response providers and electricity producers should receive the same compensation.
[9] Justice Antonin Scalia wrote a dissenting opinion in which he argued that FERC did not have authority to regulate demand response transactions.