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Federal Register / Vol. 86, No. 121 / Monday, June 28, 2021 / Rules and Regulations Accordingly, to ensure consumers can realize the full benefits of Order No.
2222 and the wholesale market services demand response resources can provide, I urge the Commission to press forward to eliminate the Order No. 719 opt-out once and for all.
For these reasons, I respectfully concur.
Neil Chatterjee, Commissioner.

Federal Energy Regulatory Commission Participation of Distributed Energy Resource Aggregations in Markets Operated by Regional Transmission Organizations and Independent System Operators Docket No. RM189003
DANLY, Commissioner, concurring:
1. I agree with the Commissions order today granting rehearing to extend the states existing rights to opt-out of wholesale demand response programs 1
including demand response resources that participate in heterogeneous distributed energy resource aggregations. 2 In other words, states can choose to prohibit demand response resources within their boundaries from participating in multi-state, wholesale distributed energy resource programs.
This order represents the correct division of authority between state and federal jurisdiction.
2. I write separately to highlight that even if the Commission is correct that it has jurisdiction over distributed energy resource aggregationsincluding those aggregations comprised of a single resource 3the Commission still should have chosen not to exercise such jurisdiction in Order No. 2222.4 This order on rehearing returns authority over demand response resources which often are included in distributed energy resource aggregationsto the states, letting the states choose whether demand response resources can
khammond on DSKJM1Z7X2PROD with RULES

1 See
Wholesale Competition in Regions with Organized Electric Markets, Order No. 719, 125
FERC 61,071, at P 155 2008, order on rehg, Order No. 719A, 128 FERC 61,059, order on rehg, Order No. 719B, 129 FERC 61,252 2009.
2 Participation of Distributed Energy Res.
Aggregations in Mkts. Operated by Regl Transmission Orgs. & Indep. Sys. Operators, 175
FERC 61,227, at P 26 2021 Order.
3 See Participation of Distributed Energy Res.
Aggregations in Mkts. Operated by Regl Transmission Orgs. & Indep. Sys. Operators, Order No. 2222, 85 FR 67,094 Oct. 21, 2020, 172 FERC
61,247, at P 1 n.1 2020, corrected, 85 FR 68,450
Oct. 29, 2020, order on rehg, Order No. 2222A, 174 FERC 61,197 2021 Danly, Commr, dissenting discussing single resource aggregations; 18 CFR 35.28b10 2020.
4 See Order, 175 FERC 61,227 at P 27
discussing case law on jurisdiction.

17:53 Jun 25, 2021

James P. Danly, Commissioner.

Department of Energy
Department of Energy
VerDate Sep<11>2014

participate in wholesale distributed energy resource aggregations. This correctly preserves the traditional allocation of authority between the individual states and the federal government.
For these reasons, I respectfully concur.

Jkt 253001

Federal Energy Regulatory Commission Participation of Distributed Energy Resource Aggregations in Markets Operated by Regional Transmission Organizations and Independent System Operators Docket No. RM189003
CHRISTIE, Commissioner, concurring in part and dissenting in part:
1. I concur with the first sentence of Paragraph 26 and other provisions of the order which set aside our prior decision in Order No. 2222A not to extend the Order No. 719 opt-out to demand response resources that participate in heterogeneous distributed energy resource aggregations . . . . 1
2. As the second sentence in Paragraph 26 and other provisions in todays order indicate, however, there is no decision affirmatively to preserve those Order No. 719 opt-out provisions; 2 on the contrary, the prospect of ultimately removing even these opt-out provisions is very much alive as a result of the NOI proceeding in Docket No. RM2114000.3
3. Beyond the parts of this order that restore, at least temporarily, those optout provisions, I dissent from the remainder of the order, because I would have voted against Order No. 2222 had I been a member of the Commission at that time and I did vote against Order No. 2222A. As I said in my dissent to the latter:
Today the majority . . . sides against the consumers who for years to come will almost surely pay billions of dollars for grid expenditures likely to be rate-

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based in the name of Order 2222
compliance.
. . .
Sadly, instead of making the states, municipal and public-power authorities and electric co-operatives truly equal partners in managing the timing and conditions of deployment of behind-themeter DERs in ways that are sensitive to local needs and challengesboth technical and economictodays order denies them any meaningful control by prohibiting any opt-out or opt-in options except in relatively tiny circumstances. This orderand its predecessorintentionally seize from the states and other authorities their historic authority to balance the competing interests of deploying new technologies while maintaining grid reliability and protecting consumers from unaffordable costs . . . .4
4. To ameliorate at least some of the damaging effects caused by Order Nos.
2222 and 2222A, I would authorize states and other RERRAs the right to exercise an opt-out from the requirements of those orders, if not permanently then at least for some period of years to enable them better to prepare for the impacts on retail customers and distribution grids they now face.
For these reasons, I respectfully concur in part and dissent in part.
Mark C. Christie, Commissioner.
FR Doc. 202113442 Filed 62521; 8:45 am BILLING CODE 671701P

DEPARTMENT OF JUSTICE
Drug Enforcement Administration 21 CFR Parts 1300, 1301, and 1304
Docket No. DEA459
RIN 1117AB43

Registration Requirements for Narcotic Treatment Programs With Mobile Components Drug Enforcement Administration, Department of Justice.
ACTION: Final rule.
AGENCY:

1 Participation
of Distributed Energy Resource Aggregations in Markets Operated by Regional Transmission Organizations and Independent System Operators, Order No. 2222, 85 FR 67094
Oct. 1, 2020, 172 FERC 61,247 2020, corrected, 85 FR 68450 Oct. 29, 2020, order on rehg, Order No. 2222A, 174 FERC 61,197 2021, order on rehg and clarification, Order No. 2222B, 175 FERC
61,227, at P 26 2021.
2 Order No. 2222B at P 26.
3 Participation of Aggregators of Retail Demand Response Customers in Markets Operated by Regional Transmission Organizations and Independent System Operators, Notice of Inquiry, 174 FERC 61,198 2021 NOI; see also Order No.
2222B at P 28.

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The Drug Enforcement Administration DEA is publishing this final rule to revise existing regulations for narcotic treatment programs NTPs to allow the operation of a mobile
SUMMARY:

4 Order No. 2222A Christie, Commr, dissenting at PP 1, 3 emphasis in original footnotes omitted available at https www.ferc.gov/news-events/
news/item-e-1-commissioner-mark-c-christiedissent-regarding-participation-distributed.

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