In re Implementation of L. 2018, C. 16 Regarding Establishment of Zero Emission Certification Program for Eligible Nuclear Power Plants

The Appellate Division of the New Jersey Superior Court affirmed the Board of Public Utilities’ approval of applications by three nuclear power plants under the Zero Emission Certificate (ZEC) program. The court found that the Board’s decision was adequately supported by the record and consistent with the language and legislative intent of the 2018 statute that established the ZEC program. The court noted that the ZEC statute was intended to help New Jersey achieve its clean energy goals by subsidizing nuclear power generators to keep them operational in the face of competition from carbon-emitting generators.