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The Climate Litigation Database

NextEra Energy Resources, LLC v. Department of Public Utilities

About this case

Filing year
2019
Status
Approval of power purchase agreements affirmed.
Docket number
SJC-12886
Court/admin entity
United StatesState CourtsMassachusetts Supreme Judicial Court (Mass.)
Case category
State Law Claims (US)Utility Regulation (US)
Principal law
United StatesMassachusetts Act to Promote Energy Diversity
At issue
Challenge to Massachusetts Department of Public Utilities’ approval of power purchase agreements allowing electricity distribution companies to purchase clean electricity generated hydroelectrically by Hydro-Québec Energy Services (U.S.), Inc.
Topics
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Documents

Filing Date
Document
Type
Topics 
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09/03/2020
Approval of power purchase agreements affirmed.
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.
Decision

Summary

Challenge to Massachusetts Department of Public Utilities’ approval of power purchase agreements allowing electricity distribution companies to purchase clean electricity generated hydroelectrically by Hydro-Québec Energy Services (U.S.), Inc.

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Group
Topics
Target
Policy instrument
Risk
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Finance