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Storage: Jurisdictional conflicts and state options

  • Nancy Lange (a1) and Ted Thomas (a2)


State policymakers and regulators should consider how to respond to the emergence of new storage technologies while observing the regulatory and legal proceedings that will draw the line between state and federal jurisdiction over matters related to storage.

The emergence of new energy storage is challenging traditional jurisdictional lines and giving state policy makers new things to consider. This article discusses conflicts in jurisdiction and offers options for policy makers to consider with regard to storage technologies.


Corresponding author

a)Address all correspondence to Ted Thomas at


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1.Federal Power Act Section 201(b)(1).
2.Electric Storage Participation in Markets Operated by Regional Transmission Organizations and Independent System Operators, 162 FERC ¶ 61,127 at 143.
3.New York v. FERC, 535 U.S. 1, 7 (2002).
4.Lindh, F. and Bone, T.: State jurisdiction over distributed generators. Energy Law J. 34, 2 (2013).
5.Federal Power Comm. v. Florida Power & Light Co., 404 U.S. 453 (1972).
6.For a thorough discussion of this issue as well as other questions of jurisdiction, see The Double Struggle: Federal vs. State, Monopoly vs. Competition, seminar materials prepared by Scott Hempling (2016). Mr. Hempling’s piece does not signal agreement or disagreement with Lindh; it is cited here for background.
7.FERC Docket No. RM18-9-000, Notice Inviting Post-Technical Conference Comments (April 27, 2018), Panel 2, question 6.
8.Calpine Corporation, et al. v. PJM Interconnection, LLC, 163 FERC ¶ 61,236 (2018).
9.Interstate Renewable Energy Council: Charging Ahead: An Energy Storage Guide for Policymakers (April, 2017).
10.Interstate Renewable Energy Council: Charging Ahead: An Energy Storage Guide for Policymakers (April, 2017); p. 13.
11.Minnesota Public Utilities Commission. Order in Docket M-15-962. June 28, 2016.
12.PJM Interconnection L.L.C., 149 FERC ¶ 61,185 at p. 12.



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