The federal government has taken a defining stance in favor of energy storage and stronger regional energy markets, and now a U.S. Court of Appeals has given it firm legal ground on which to stand. The U.S. Federal Energy Regulatory Commission (FERC) in 2018 passed Order 841, a regulatory statute that establishes the right for distributed energy storage, not owned by the electric utility and spread across many different locations, to participate in wholesale energy markets. 

Since then, it has been up to states and regional regulatory bodies to propose programs that determine how that participation can take place. The industry is impatiently waiting. Most recently, utility groups and state utility regulators took FERC to court, arguing for the states’ right to opt out of

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