NextEra Energy Resources, LLC v. Department of Public Utilities

The Massachusetts Supreme Judicial Court affirmed the Massachusetts Department of Public Utilities’ approval of power purchase agreements (PPA) allowing electricity distribution companies to purchase clean electricity generated hydroelectrically by Hydro-Québec Energy Services (U.S.), Inc. The court held that the Department applied a reasonable interpretation of the statutory requirement that the PPAs provide for “firm service” hydroelectric generation (i.e., power provided without interruption). The court also found that substantial evidence supported the Department’s conclusions that the PPAs “provide for the procurement of energy from hydroelectric generation alone” and that an industry-standard tracking system was an appropriate mechanism to meet statutory requirements intended to allow the Department of Environmental Protection to monitor progress in reducing greenhouse gas emissions.