By vacating the Federal Energy Commission's (FERC) Order 745 in Electric Power Supply Association vs. FERC (EPSA, 2014) the U.S. Court of Appeals for the D.C Circuit injected uncertainty into the future of demand response (DR) resources in U.S. wholesale markets. Many possible future scenarios in which DR continues to be available to provide capacity for resource adequacy would need to rely on a potential checkerboard of policies promulgated by state utility commissions. However, the states that will be most directly impacted by the potential implications from the EPSA ruling are precisely those that have the fewest policies currently in place to promote retail program development.
