WASHINGTON (June 09, 2025) — The Edison Electric Institute (EEI) today applauded the Federal Communications Commission’s (FCC’s) declaratory ruling affirming that demand response communications fall within the scope of service-related messages under the Telephone Consumer Protection Act.

Demand response programs empower customers to shift or reduce their electricity usage during peak demand periods, helping to alleviate stress on the energy grid and to potentially avoid the need for costly new infrastructure. These programs help to enhance grid reliability and minimize price spikes.

“As summer begins and Americans use more electricity to cool their homes and businesses, demand response programs allow grid operators to maintain reliability while helping to keep customer bills as low as possible,” said EEI Senior Vice President of Customer Solutions Phil Dion. “EEI appreciates the FCC allowing electric companies to deliver timely and clear communications that help customers conserve electricity—and save money—at times of extremely high demand.”

The FCC clarified that, when customers provide their phone numbers to establish electricity service, they are giving “prior express consent” to receive demand response communications.

In its petition, EEI emphasized that customers remain in control of their communications preferences and that electric companies provide clear and accessible opt-out mechanisms. The FCC’s decision maintains these protections while ensuring EEI member companies can continue to send critical notifications during emergencies. EEI’s petition received broad support, including from the National Association of Regulatory Utility Commissioners.