Capacity market participation (FERC Order 2222)
Technology, AI, and competition-adjacent firms with distributed energy assets are now directly in scope for Federal Energy Regulatory Commission Order 2222, which opened wholesale capacity markets to aggregated distributed energy resources for the first time. The Federal Trade Commission and U.S. Department of Justice Antitrust Division are separately watching whether dominant technology platforms gain structural advantages through preferential capacity market access or data advantages tied to grid-edge operations. Compliance teams at tech-sector firms operating battery storage, on-site generation, or demand response programs are currently auditing whether their aggregator relationships meet FERC's nondiscrimination requirements.
Watch
- FERC Order 2222 compliance deadlines for DER aggregation tariff filings at regional ISOs
- DOJ Antitrust Division scrutiny of tech-platform control over aggregated grid assets
- ISO/RTO tariff revisions still pending in several regions after Order 2222 remands
- Whether on-site AI data center demand response qualifies under existing capacity auction rules
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