Power Cos. Take NY Nuclear Plant Subsidy Fight To 2nd Circ.

Law360, New York (August 25, 2017, 2:29 PM EDT) -- A coalition of independent power producers on Thursday asked the Second Circuit to weigh in on a New York federal judge's backing of the Empire State's plan to subsidize struggling nuclear power plants, the judge rejecting arguments that the plan intrudes on federal jurisdiction of wholesale electricity markets.

U.S. District Judge Valerie Caproni on July 25 nixed a challenge brought by independent power producers claiming that the zero-emission credits, or ZECs, offered by New York's Public Service Commission for three nuclear plants owned by Exelon Corp. are preempted under the Federal Power Act and violate the dormant commerce clause of the...

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