3rd Circ. Leaves State Power Subsidies In No Man's Land

Law360, New York (February 25, 2014, 6:09 PM EST) -- The Third Circuit recently ruled that certain state subsidies for new power generation intrude on the Federal Energy Regulatory Commission's exclusive authority over wholesale electricity markets, but the ruling left states with few clues about where their authority to oversee power development within their borders ends and FERC's authority begins.

The appeals court last week concluded that FERC didn't act arbitrarily when it accepted grid operator PJM Interconnection's decision to eliminate the exemption from fixed price floors for state-mandated gas-fired power plants — in this case, referring...
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