California’s Energy Storage Systems procurement mandate is a groundbreaking measure designed to supply more clean and reliable energy to the state by allowing the capture of power produced now to be used later. While this technology is still developing, a ready market for such resources will help advance capabilities and bring down cost. Federal Energy Regulatory Commission (“FERC”) Order 841 will springboard storage technology in regions covered by Regional Transmission Organizations (“RTOs”) by allowing storage providers non-discriminatory and accommodating access to the FERC wholesale markets. Although FERC’s new Order speaks directly to the issue of storage technology, it should not be seen as an effort to usurp or preempt state authority to encourage the use of storage technology for electricity generation in the states. By focusing on the targets of state storage laws and honoring the authority left to states under the Federal Power Act (“FPA”), a system of concurrent federalism will allow state and federal law to operate hand-in-hand to promote the advancement of storage technology, facilitating an era of clean, reliable power to fuel the nation’s future.
Recommended CitationRaymond Richards, Preemption, I Think Not: Evaluating California’s Stored Energy Procurement Law Against FERC Order 841, 36 Pace Envtl. L. Rev. 229 (2019)
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