NY Says There's Nothing Unlawful About Nuke Subsidy Plan

Law360, New York (November 20, 2017, 6:15 PM EST) -- New York utility regulators told the Second Circuit on Friday that the state's plan to subsidize struggling nuclear power plants is well within its authority to reduce greenhouse gas emissions and that challengers of the plan can't use the Federal Power Act or the Constitution's commerce clause to limit that authority.

A coalition of independent power producers wants the Second Circuit 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 violate the Constitution's dormant commerce clause. But the Public...

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