On to the Supreme Court? The D.C. Circuit Denies FERC’s Request for Rehearing En Banc of its Decision to Vacate FERC’s Deman

On September 17, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the Federal Energy Regulatory Commission's request for rehearing en banc of the D.C. Circuit's decision to vacate FERC's wholesale demand response compensation rule. The D.C. Circuit's original decision striking down FERC's demand response program remains in place, but the Court has not yet issued its mandate.  Rather, on September 22, 2014 FERC and other interested parties moved to stay issuance of the mandate pending the parties' consideration whether to petition the Supreme Court for a writ of certiorari.

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