On May 23, 2014, the United States Court of Appeals for the D.C. Circuit released a  2-1 blockbuster ruling in EPSA v. FERC, which voided Order 745, FERC’s demand compensation rule, as an unauthorized encroachment on state regulation of retail markets and an unreasonable pricing mechanism.

Now that the D.C. Circuit has gutted Order 745 on demand response, learn about what comes next at a FREE TELESEMINAR sponsored by the Law Offices of Carolyn Elefant. We’ll discuss:

  • The origins of FERC’s Order 745 Demand Response rule, the controversy over the locational marginal pricing (LMP) rule for demand response and Order 745’s impact on demand response in organized markets to date;
  • The legal basis for the D.C. Circuit’s order in <I>EPSA v. FERC </I> vacating demand response and the likelihood and grounds for subsequent en banc reconsideration or cert petition to the United States Supreme Court;
  • The impact of the D.C. Circuit’s precedent on the D.C. Circuit’s pending review of Order 1000;
  • The repercussions of the D.C. Circuit’s order for other FERC policies such as Order 755 allowing market-based rates for demand response as an ancillary service or for integration of variable energy resources (VERs), use of behind the meter generation as a demand resource, and the role of demand response in transmission planning under Order 1000;
  • The possibility for refunds, reversal of penalties for violations of demand response rules and other effects of the D.C. Circuit’s ruling;
  • Next steps and strategies for demand response providers, state regulators, investor-owned and public utilities, renewables and other market stakeholders to best position themselves in the aftermath of the D.C. Circuit’s ruling.

This seminar is sponsored by the Law Offices of Carolyn Elefant PLLC.

SPEAKERS:  Carolyn Elefant, principal attorney at the Law Offices of Carolyn Elefant, along with other speakers to be announced shortly.

DATE:  THURSDAY, June 5, 2014

TIME:  3 pm – 4 pm Eastern Time

The presentation will take place via teleseminar. Please register below.  Please provide a working email since it will be used to transmit details for dial-in information and any subsequent changes. The tele seminar will be recorded and provided to all registrants – so even if you cannot participate live, please register to receive the recording.

If you have any further questions about this teleseminar, please contact Carolyn Elefant directly at 202-297-6100 or