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.S. District Court for the Southern District of New York granted the motion to dismiss filed by the Defendants, members of PSC, and Intervenors, nuclear generators. The Second Circuit affirmed holding that the “ZEC progr
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 not only around the envisioned pollution risks of the pipeline itself, but also the construction of a compressor station on a 52-acre site in Franklin. Opponents say the compressor “would create detrimental air, water, and
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 on the island (average residential electricity costs are double compared to costs on mainland), the new solar systems are attractive to residents as they provide “energy security and resiliency.” https://www.bna.com/roo