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2nd Circ. Questions Case Against NY Nuke Subsidy Plan

Law360 (March 12, 2018, 5:29 PM EDT) -- A Second Circuit panel appeared skeptical Monday that a New York state program propping up struggling nuclear power plants usurps federal jurisdiction over wholesale electricity markets, suggesting that the Federal Power Act gives states plenty of leeway to subsidize electricity generation within their borders.

A coalition of independent power producers wants the appeals court to revive its suit 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 FPA and...
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Case Information

Case Title

Coalition For Competitive Elec v. Zibelman


Case Number

17-2654

Court

Appellate - 2nd Circuit

Nature of Suit

3890 STATUTES-Other

Date Filed

August 25, 2017

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