The New England Power Generators Association has filed a complaint at FERC to disqualify Demand Response Capacity Resources from participating as supply in the Forward Capacity Auction (FCA) for the 2018/2019 Capacity Commitment Period and to exclude such resources from participating as supply in the Forward Capacity Market (FCM) going forward

NEPGA cited an appeals court ruling which previously held that FERC lacks jurisdiction over demand response as requiring its sought relief.

NEPGA said that, "The effect on clearing prices of including Demand Response Capacity Resources in FCA 9 and subsequent FCM auctions cannot be estimated with any degree of precision, but NEPGA would expect it to be substantial given the amount of Real-Time Demand Response that cleared in past FCAs."

See NEPGA's complaint for more