MISO ended its 10-year run allowing energy efficiency in its capacity market, as FERC allowed the change to take effect.

FERC has ordered American Efficient to defend its energy efficiency programs in PJM and MISO or pay a $722 million penalty and return $253 million in profits to ratepayers.

The Independent Market Monitor has argued energy efficiency can’t participate as a capacity resource because the load reductions already are accounted for in PJM’s load forecast.