Dive Summary:

• Petitioners, including the Electric Power Supply Association, American Public Power Association, the Edison Electric Institute, Old Dominion Electric and the National Rural Electric Cooperative Association (NRECA), challenged the Federal Energy Regulatory Commission's March 2011 ruling 745.
• The companies and trade groups argued that a negawatt is not equal in value to energy generated.
• The U.S. Court of Appeals is not likely to get to the case soon, and it is also not likely to overturn FERC's ruling, according to a SmartGridNews report. 

From the article:

The multi-year battle between power producers and demand response providers continues with the June filing by numerous energy trade groups challenging the March 2011 Federal Energy Regulatory Commission (FERC) ruling 745 allowing demand response providers to be paid the same price as generators, the locational marginal price (LMP), for energy saved during peak times. ...