This Article argues that Order 745 is both justified under the Federal Power Act (FPA) and important to ensure the transition to a clean energy future. A challenge to Order 745, Electric Power Supply Association v. FERC, is currently pending in the D.C. Circuit. This Article contends that Order 745 should be upheld against this challenge because it fits within FERC's broad authority to regulate the wholesale power markets.
Joel B. Eisen, Who Regulates the Smart Grid? FERC's Authority Over Demand Response Compensation in Wholesale Electricity Markets, 4 San Diego J. Climate & Energy L. 69 (2013).