The court’s ruling in EPSA v. FERC assigns a retail/wholesale dichotomy to demand response, but is that distinction even meaningful?
America’s Energy Future: So Who Are the Good Guys?
Not just ‘all of the above,’ but ‘how much of each?’
Cir. Sept. 18, 2013) (2-1 decision rejecting claim of facial Commerce Clause violation).
6. See David Coen, “Should Large Hydroelectric Plants be Treated as Renewable Resources, 32 Energy L.J. 541 (2011); Mary G. Powell, “Treatment of Large Hydropower as a Renewable Resource,” 32 Energy L.J. 553 (2011).
7. See, e.g., William D. Nordhaus, “Dealing with Climate Change:What Are the Major Options? (November 2008), www.eba-net.org (accessed July 5, 2013); William G. Gale, “Carbon Taxes as Part of the Fiscal Solution,” Brookings Institute, March, 2013.
13. David Boonin, “A Rate Design to Encourage Energy Efficiency and Reduce Revenue Requirements,” National Regulatory Research Institute ( July 2008), http://nrri.org, accessed July 8, 2013. The National Association of Regulatory Utility Commissioners defines decoupling as “a rate adjustment mechanism that separates (decouples) an electric or gas utility’s fixed cost recovery from the amount of electricity or gas it sells.” “Decoupling for Electric and Gas Utilities: Frequently Asked Questions,” 2007, www.naruc.org, accessed July 8, 2013.
15. Aaron C. Davis, “O’Malley wins three-year battle over subsidy for offshore wind industry,” Washington Post , March 9, 2013. http://www.washingtonpost.com/local/md-politics/omalley-wins-three-year-..., Washington Post, March 9, 2013.
16. This is the theory discussed in a February 2013 study by the Brattle Group. Jurgen Weiss, Mark Sarro and Mark Berkman, “A Learning Investment-based Analysis of the Economic Potential for Offshore Wind: The Case of the United States,” www.brattlegroup.com (accessed July 13, 2013).
17. Peter Behr, “Battle Lines Harden Over New Transmission Policy for Renewables,” New York Times , Feb. 26, 2010, www.nytimes.com (accessed July 13, 2013).
19. Earlier this year Congress extended the Production and Incentive tax credits to wind power producers. Without these breaks, many have argued that construction of new wind projects would slow to a trickle, supported only by RPS requirements in various states. “Blown Away: Wind Power is doing well, but it still relies on irregular and short-term subsidies,” The Economist , June 8, 2013.