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Email Since our last update regarding the D.C. Circuit’s vacatur of FERC Order No. 745 in Electric Power Supply Ass’n v. FERC ( “EPSA”), several developments have occurred in EPSA and related proceedings. The appeals process and related complaints at FERC will take time to play out. In the meantime, certain market participants have weighed in that EPSA should be applied narrowly only to energy (and not capacity or ancillary services markets), while certain market operators have made moves to maintain demand response programs–at least until the final fate of Order No. 745 is known. All of this will occur, moreover, while existing and future supply and demand resource commitments are analyzed against the backdrop of another winter season. https://www.cadwalader.com/resources/clients-friends-memos/the-fate-of-ferc-demand-response-order-no-745-efforts-to-adapt-while-the-judicial-and-complaint-processes-play-out