ZECs

The Federal Energy Regulatory Commission’s (FERC’s) ruling on Sept. 4, 2020,  rejected, in a three-to-one decision, the New York Independent System Operator’s (NYISO) proposal to change its capacity market rules, ostensibly intended to support, among other things, New York and New Jersey’s ambitious, and some say, unattainable renewable goals. The action comes directly on the […]

It’s an article of faith in large parts of the U.S.—at least among power industry people—that organized and Federal Energy Regulatory Commission (FERC)–regulated “merchant” interstate power markets are the best way to ensure a sufficient supply of electricity, as well as to ensure fair and equitable prices for ratepayers. On that basis, large areas of […]

Public Service Enterprise Group (PSEG), New Jersey’s giant utility, has become the latest major U.S. power company to seek an exit from the competitive generation business.  In a statement attached to the company’s second-quarter 2020 earnings results released on July 31, Ralph Izzo, PSEG chairman, president, and CEO, said the company is “exploring strategic alternatives” […]

A divided Federal Energy Regulatory Commission (FERC) issued a long-awaited order on Dec. 19 in which it directed PJM Interconnection to dramatically expand its Minimum Offer Price Rule (MOPR) to nearly all state-subsidized capacity resources. The order will have a significant impact on PJM’s capacity market. While it was no surprise that the decision immediately […]

Attorneys general from 11 states ramped up pressure on the Federal Energy Regulatory Commission (FERC) to recognize state policy goals as it makes decisions related to market design, siting of new gas pipelines and storage facilities, and grid reliability.  The measure is the latest in a string of recent pushes by states to ensure federally […]

The U.S. Supreme Court’s refusal to reconsider industry-led challenges to state nuclear subsidy programs in New York and Illinois leaves the contentious matter to the Federal Energy Regulatory Commission (FERC).  The high court on April 15 declined to accept petitions for review of decisions by the Second Circuit and Seventh Circuit, dealing a major blow […]

Pennsylvania, the nation’s second-largest nuclear power-producing state, is now definitively a battleground for nuclear power subsidies.  Last week, in two memos that were circulated in the state House and Senate, seven lawmakers signaled they would soon introduce legislation that would update a 2004 state law—the Alternative Energy Portfolio Standards (AEPS)—to include nuclear power. The law […]

The Seventh Circuit Court of Appeals has declined to rehear a case that challenges nuclear subsidies in Illinois, effectively dealing a blow to a group of competitive generators, which have fought the measure for several years. In an order issued on October 9, the appellate court said its full judicial panel had voted to deny […]

New York’s subsidies of nuclear power are legally sound, the U.S. Court of Appeals for the Second Circuit has concluded. The decision comes two weeks after the Seventh Circuit upheld a similar measure in Illinois. The development marks a victory for the nuclear industry, which has been financially crippled by the rise of cheap gas […]

In a 3–2 decision, the Federal Energy Regulatory Commission (FERC) rejected approaches filed by PJM Interconnection to reform its capacity market, whose integrity and effectiveness has been increasingly and “untenably threatened” by state subsidies for preferred generation resources, the federal regulatory body acknowledged. The June 29 order sharply divided the commission, prompting Democrat Commissioners Cheryl LaFleur […]

The Trump administration’s attempt to prop up uneconomic “fuel secure” generators in competitive markets is just the latest in a string of recent “extra-market” interventions that experts said imperil independent organized markets for electricity. In a recent white paper, Raymond Gifford and Matthew Larson, energy partners at Wilkinson Barker Knauer LLP, said the restructured administrative […]

The U.S. Department of Justice (DOJ) and the Federal Energy Regulatory Commission (FERC) on May 29 told the U.S. 7th Circuit Court of Appeals that Illinois’ nuclear subsidy program does not preempt federal statute, siding with the state and Exelon Corp. in a contentious legal fight that has divided the power sector. The case, now […]

A bitter dispute concerning subsidies for nuclear generation that has divided the power sector grew more intense over the past week as Connecticut, Ohio, and Pennsylvania advanced efforts to keep nuclear plants operating. At the same time, legal challenges to existing measures in Illinois and New York continued in two federal courts. In Connecticut, Gov. […]