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Energy Storage Market Participation in RTO/ISO Markets Following FERC Order Nos. 841 and 841-A

Application of FERC Order Nos. 841 and 841-A for Energy Storage Participation in Regional Wholesale Markets

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, October 15, 2019

Recorded event now available

or call 1-800-926-7926

This CLE course will provide energy counsel guidance on the implementation of the Federal Energy Regulatory Commission’s (FERC) Order No. 841 and 841-A to facilitate energy storage in regional wholesale markets. The panel will provide an in-depth analysis of the FERC rules and recent additional guidance. The panel will also discuss various challenges for energy storage in light of the FERC rules, such as project eligibility, storage structure, asset rights, and key questions on the FERC rule that is yet to be answered.


In 2018, FERC issued Order No. 841 to expand the use of battery storage, flywheel, and other energy storage resources' (ESR) participation in regional wholesale markets. FERC determined that "better integration of ESR into the regional transmission organizations and independent system operators [RTO/ISO] markets is necessary to enhance competition and, in turn, help to ensure these markets produce just and reasonable rates."

On May 16, 2019, in response to several challenges to crucial aspects of the FERC rule on energy storage and requests for rehearing to modify such rule, FERC issued Order No. 841-A, denying those requests for rehearing. This Order, which upheld the initial rule without allowing a state "opt-out" option, provides additional guidance and clarification on key provisions of the rule.

The rule requires RTOs/ISOs to create participation models through a stakeholder process to ensure compensation for characteristics and attributes that energy storage provides but for which it is not compensated. Energy counsel must understand critical challenges relating to project eligibility, storage structure, and asset rights for energy storage participation in RTO/ISO markets.

Listen as our authoritative panel examines FERC Order Nos. 841 and 841-A, their definitions, and framework. The panel will discuss what the rule means for the energy industry, project eligibility, asset rights, and other essential information.



  1. FERC Order Nos. 841 and 841-A rule and framework
  2. Understanding FERC's definition of "storage resources"

  3. Overview of market participation models and RTO/ISO compliance filings

  4. Energy storage structure, requirements, and challenges

    1. Project eligibility

    2. Storage asset rights and obligations

  5. Unresolved questions on the FERC rulemaking and best practices for counsel


The panel will review these and other key issues:

  • How does FERC define storage resources, and what does that mean?
  • What design changes and potential opportunities will unfold for utilities, storage developers, and investors?
  • What are the critical challenges in energy storage structure, project eligibility, and storage asset rights?
  • What impact will the rule have on the further development of resources and/or existing (or new) potential fleets?


Kaplan, Andrew
Andrew O. Kaplan

Pierce Atwood

Mr. Kaplan focuses his practice on providers of energy storage, demand response, ancillary services, and electricity...  |  Read More

Lucia, Seth
Seth T. Lucia

Of Counsel
Morrison & Foerster

Mr. Lucia counsels clients on a wide range of energy regulation and policy matters before the Federal Energy Regulatory...  |  Read More

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