3rd Circ. Sides With FERC Over State Power Plant Subsidies

Law360, Philadelphia (February 20, 2014, 6:28 PM EST) -- The Third Circuit on Thursday declined to hear a petition to challenge a Federal Energy Regulatory Commission order that eliminated an exemption from fixed price floors for state-mandated gas-fired power plants brought after judges invalidated New Jersey and Maryland efforts to subsidize new plants.

In an 87-page ruling, the panel concluded that FERC rightly had the ability to eliminate the state mandates under the Federal Power Act.

“FERC’s enumerated reasons for approving the elimination of the state-mandated exception relate directly to

the wholesale price for capacity,...
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