Sophy Sedarat,Esq.

of Price, Meese, Shulman, & D'Arminio, P.C.

Second Circuit affirms dismissal of challenge to ZEC program on constitutional grounds

Plaintiffs, who are groups/trade groups of electrical generators, brought suit alleging that the New York Public Service Commission’s (PSC) Zero Emissions Credit (ZEC) program is unconstitutional and preempted by the Federal Power Act and the dormant Commerce Clause. Plaintiffs argued that ZEC “influences the prices that result from the wholesale auction system established by [FERC]…[distorting] the market mechanism for determining which energy generators should close.” The U

The battle over NESE NY/NJ Pipeline continues with NJDEP denying permit, citing application deficien

NJDEP recently rejected Transco/Williams’ permit for the Northeast Supply Enhancement (NESE) pipeline project. Of note, “the [NJDEP] deficiency letter shows that the application failed due to a number of missing components, rather than proven environmental hazards.” NESE is a $1 billion project involving a fracked gas pipeline that would run from Raritan Bay, New Jersey to the Rockaways in Queens, New York. The project has been subject to controversy, much of which centers no

Residents look to solar energy as the solution of Puerto Rico’s ongoing electrical problems

Nearly one year after Hurricane Maria hit, residential rooftop solar systems have doubled in Puerto Rico, and, unlike the preexisting systems, almost all of the added systems include battery storage. Hurricane Maria “wiped out the island’s fragile electricity system, taking nearly 11 months for the Puerto Rico Electric Power Authority (PREPA) to return power to all of its residential customers.” Given the post-Maria extended electrical outages and the high cost of electricity

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