High Court Will Decide State Power Plant Subsidies Row

Law360, New York (October 19, 2015, 12:00 PM EDT) -- The U.S. Supreme Court agreed Monday to consider whether subsidies offered by Maryland for new power plant construction usurped the Federal Energy Regulatory Commission's authority over wholesale electricity markets, taking yet another stab at clarifying the line between state and federal jurisdiction over electricity markets.

The high court accepted a petition for certiorari filed by Maryland utility regulators to review a Fourth Circuit ruling, which held that its state program offering electricity pricing incentives for developers to build new, gas-fired power plants usurp FERC's authority over wholesale electric markets run by grid operator PJM Interconnection LLC. The court also accepted the petition...

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