NY Nuke Subsidy Plan Is Legally Sound, AGs Tell 2nd Circ.
Law360, New York (November 28, 2017, 2:04 PM EST) -- Attorneys general from eight Democratic-leaning states, including New York, on Monday threw their support behind the Empire State’s plan to subsidize struggling nuclear power plants, telling the Second Circuit that the program is well within states’ authority to address air quality issues and doesn’t intrude upon federal electricity regulation.
A coalition of independent power producers wants the Second Circuit to revive their suit claiming 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 Federal Power Act and violate the Constitution’s dormant commerce clause.
But attorneys general...
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