3rd Circ. Urged To Revive NJ Power Plant Subsidy Program

Law360, Philadelphia (March 27, 2014, 4:14 PM EDT) -- A New Jersey subsidy program aimed at spurring construction of new gas-fired power plants that was nixed by a judge in October does not impermissibly tread on the federal government’s ability to regulate wholesale electricity markets, the Third Circuit heard on Thursday.

An attorney for New Jersey’s Board of Public Utilities argued that the program, which was designed to provide subsidies for new power plants in the form of a long-term floor price for new generation capacity, was allowed under portions of the Federal Power Act...
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