Dive Brief:

• FERC ruled that the New York Independent System Operator (NY-ISO) discriminates against some providers in its day-ahead demand response program.
• However, the ruling did not adopt the solution advanced by the plaintiffs, which include Comverge, EnergyConnect, EnerNOC, Viridity and Walmart Stores. Cases in other jurisdictions were decided in generators’ favor, and New York was the only one of four ISOs that banned demand response generation.
• New York raised reliability concerns for behind-the-meter generation, but FERC ruled there are no technological constraints that would prevent similar treatment that other demand response programs enjoy.

Dive Insight:

One question at a time seems to be FERC’s approach to this unique problem in New York. The six-month window for the filing of proposed revisions means NY-ISO’s input into rules for behind-the-meter demand response will get a full hearing before any final rules are put in place.