FERC Rulemaking for Electric Storage Resources

Pierce Atwood successfully represented the U.S. Energy Storage Association in a Federal Energy Regulatory Commission rulemaking. In its Order 841, FERC found that existing RTO/ISO market rules are unjust and unreasonable in light of barriers that they present to the participation of electric storage resources.

Until the passage of Order 841, energy storage resources were limited to participate in the frequency regulation markets only. However, FERC averred that resources that are technically capable of providing services are precluded from competing with resources that are already participating in the RTO/ISO markets. Order 841 mandates that RTOs/ISOs allow energy storage resources to participate in their energy, ancillary services, and capacity markets. This was a significant development for the energy industry generally and for energy storage technologies specifically to ensure a resilient grid while deferring or alleviating the need for new energy infrastructure.