FERC's Market Worries Doom Nuke Plant Subsidies, Foes Say

Law360 (July 5, 2018, 3:34 PM EDT) -- The Federal Energy Regulatory Commission's recent order that PJM Interconnection revise its electricity market rules to blunt the impact of state clean energy policies supports arguments that the Seventh and Second Circuits must invalidate nuclear plant subsidies offered by Illinois and New York, challengers of the subsidies say.

Independent power producers claim the so-called zero emission credits offered by Illinois and New York to prop up struggling Exelon Corp. nuclear plants are preempted by the Federal Power Act and usurp FERC's exclusive jurisdiction over wholesale electricity markets. District courts have previously rejected those arguments, saying the ZECs aren't sufficiently tied to...

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