On Monday, Electricity Law Initiative Director Ari Peskoe presented his recent paper about distributed energy resources (DER) to the National Conference of Regulatory Attorneys at their annual meeting. The event brings together lawyers from state public utility commissions across the country.
Peskoe’s talk explained how jurisdiction over DER energy sales is split between state and federal regulators. He advocated for FERC to renounce jurisdiction and let states create a coherent regulatory framework for DERs. This theory is detailed in his 2018 paper, The Case Against Direct FERC Regulation of Distributed Energy Resources.