FERC Rehears Landmark Order 2222

On March 18, 2021, by a 3-2 vote, the Federal Energy Regulatory Commission (FERC) issued Order 2222-A, an order on rehearing of its Order 2222.

Order 2222, issued September 17, 2020, is FERC’s landmark order enabling distributed energy resource (DER) aggregators to compete in all regional organized wholesale electric markets. DERs may include distributed generation, electric storage, demand response, energy efficiency, and certain other types of resources. DERs may be located on the distribution system or behind a customer meter.

In Order 2222-A, FERC has declined to allow an opt-out provision that would enable grid operators to refuse aggregated demand response offers where participation is not allowed by state regulators.

Commissioner Christie dissented and issued a dissenting opinion. Commissioner Danly also dissented.

See our prior coverage of Order 2222 from September 2020 here:

https://www.law-energy.com/post/ferc-issues-order-to-open-wholesale-electric-markets-to-distributed-energy-resources

See Order 2222-A here:

https://cms.ferc.gov/sites/default/files/2021-03/E-1.pdf