From: Morning Consult
To: Scott Jenkins,
Subject: Morning Consult Energy Sunday Edition: Court Ruling Could Complicate Meeting EPA Rules
Date: Sun Jun 01 18:00:29 MDT 2014



Court Ruling Could Complicate Meeting EPA Rules


By Emily Holden (@emilyhholden)


The Obama administration is poised to unveil landmark environmental regulations this week to substantially slash carbon emissions. But experts say recent legal uncertainty over how the federal government can incentivize big power users to consume less energy could slow the growth of technologies states might use to meet the forthcoming rules. 


In May the D.C. Court of Appeals threw out an order from the Federal Energy Regulatory Commission that required participants in the energy-saving “demand response” programs to get paid the same rate as electricity producers.

The 2-1 decision from the federal appellate court ruled that FERC doesn’t have jurisdiction to require equal payment for demand response providers. Experts say the case could be in the courts for years. That could discourage growth in the nascent demand response and smart grid industry—which policymakers have hoped could be a key tool for cutting carbon emissions. Grid planners are already relying on demand response to balance electricity needs and keep prices from rising substantially in times of high demand as more and more coal-fired power plants are shutting down. READ THE FULL STORY.



Morning Consult Top Reads: May 25- May 30

The Top Ten Links You Clicked This Week

1) Divisions On Oil Exports Not So Clear-Cut

from Morning Consult by Emily Holden


2) Energy Lobbying in 9 Charts

from Morning Consult by Emily Holden


3) Chamber Study Predicts Obama Climate Rule Will Kill Jobs


5) Obama Divides Power Players With Rule Utilities Accept

from Bloomberg by Mark Drajem and Mark Chediak


6) EPA Set to Unveil Climate Proposal

from Wall Street Journal by Amy Harder


7) FERC Pay-to-Save Energy Plan Thrown Out by U.S. Court


10) Obama Aide Previews Carbon-Emissions Rules for Democrats

from Bloomberg by Derek Wallbank, Jonathan Allen and Mark Drajem 






Mark Your Calendars (All Times Eastern): June 2 - June 6


Monday: EPA roll-out of draft rule for carbon emissions for power plants 

Monday: Heritage Foundation discussion on Ukraine, Russia and energy @ Noon

Tuesday: Woodrow Wilson Center discussion on territorial dispute in South China Sea @ 9 am 

Tuesday: Senate Environment hearing on farming, fishing, forestry, hunting in era of climate change @ 10 am

Tuesday: Brookings Institution discussion on  economic consequences of delaying climate policy @ 1:30 pm

Wednesday: Senate Environment hearing on NRC's post-Fukushima actions @ 10 am 

Wednesday: Energy Storage Association conference @ Noon 

Wednesday: Resources for the Future seminar on the future of insurance @ 12:45 pm

Thursday: Energy Storage Association conference @ 8:30 am 

Thursday: Resources for the Future seminar on EPA's greenhouse gas regulations @ 9 am

Thursday: United States Energy Association briefing on geologic carbon storage resources @ 10 am 

Thursday: Senate Foreign Relations hearing on Ukraine @ 10 am 

Thursday: Solar Energy Industries Association and GTM Research webinar on solar quarterly report @ 1 pm

Friday: Energy Storage Association conference @ 8 am