NJ Subsidies For New Electric Plants Usurp FERC's Power

Law360, New York (October 15, 2013, 8:32 PM EDT) -- A federal judge Friday nixed a program designed to spur the construction of natural gas-based power plants in New Jersey through subsidies, ruling the program is unconstitutional because it would usurp the Federal Energy Regulatory Commission’s ability to regulate the energy market.

U.S. District Court Judge Peter G. Sheridan sided with a coalition of energy companies, including PPL EnergyPlus LLC, Public Service Electric and Gas Co. and Exelon Corp., to nullify the New Jersey Board of Public Utilities’ long-term capacity agreement pilot program, or LCAPP. Judge...
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