3rd Circ. Wants US Views On Legality Of NJ Power Subsidies

Law360, New York (February 26, 2014, 2:34 PM EST) -- The Third Circuit on Friday asked the U.S. government to weigh in on whether a New Jersey subsidy program designed to spur the construction of gas-fired power plants is preempted by the Federal Power Act, as it reviews a lower court ruling that nixed the program.

In October, U.S. District Judge Peter G. Sheridan sided with a coalition of energy companies to nullify the New Jersey Board of Public Utilities’ long-term capacity agreement pilot program, or LCAPP, ruling that it was unconstitutional because it usurped the...
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