Call to Action for Energy Storage Companies


Energy Storage technologies awaiting regulatory authority to operate in the wholesale energy, capacity, and ancillary services markets.


Per FERC’s Storage Notice of Proposed Rulemaking (NOPR), RTOs/ISOs have fewer than nine months to assure the implementation of favorable rules to enable energy storage resource providers to participate in all wholesale markets. 

The substance of the new rules will directly impact your success in the marketplace. Make sure that your company’s technology interests are well-represented in this process.


Contact Pierce Atwood energy partner Andrew Kaplan, a leading authority in regulatory law affecting today’s energy storage industry to assure that the new rules reflect your company’s specific technology needs and business goals, and that your company is ready to operate on the grid on the day the new rules go into effect.


On February 15, 2018, FERC set out rules that ensure energy storage resources are able to provide a full spectrum of services to the grid. In its Storage NOPR, FERC mandated that each RTO/ISO propose additions or modifications to their existing tariff provisions so that:

  1. Storage resources are eligible to provide all capacity, energy and ancillary services
  2. Storage resources can be dispatched as to set the wholesale market clearing price as both wholesale sellers and buyers
  3. Tariffs account for the physical and operational characteristics of electric storage resources through bidding parameters and other means  
  4. Tariffs establish a minimum size requirement for participation of no more than 100 kW
  5. Ensure that the sale of electric energy from the RTO/ISO markets to an electric storage resource that the resource then resells back to those markets must be at the wholesale locational marginal price.

Storage providers now have a unique opportunity to work with each of the RTOs/ISOs to develop favorable rules that will allow for your specific technologies to fully operate on the grid and be compensated appropriately for the benefits provided to ratepayers throughout the United States. But ISOs have less than nine months to design these new rules to comply with FERC’s Order. 


For more than a decade, Andrew has worked to ensure that energy storage resources are allowed to fully operate on the nation’s grids, both in front of and behind the meter.  Andrew has been a key player in the design of existing rules for storage resources throughout the US that allow our clients specifically, to operate on the grid and be paid for their services. 

Please call Andrew or Liam Paskvan to discuss how your company can be part of the discussion to design new rules. They would be happy to discuss opportunities available for you to develop projects and earn revenues while the regulatory process is ongoing. 

Andrew can be reached at 617.488.8104 or, and Liam can be reached at 207.791.1306 or