Inventing the Future of Reliability: FERC's Recent Orders and the Consolidation of Reliability Authority

The Energy Policy Act of 2005 established mandatory reliability standard enforcement under a system in which the Federal Energy Regulatory Commission and the Electric Reliability Organization would have their own spheres of responsibility and authority. Recent orders, however, reflect the Commission's frustration with the reliability standard drafting process and suggest that the Electric Reliability Organization's discretion is likely to receive less deference in the future.