The New York Public Service Commission (PSC) moved to dismiss an action challenging the portion of its Clean Energy Standard (CES) that would compensate certain nuclear power facilities at risk of retiring for the “zero-emission generation” they provide. The PSC argued a preemption cause of action was not available to the plaintiffs under the Federal Power Act and that the preemption claims failed as a matter of law because the CES was a “a straightforward exercise of state authority to regulate generation facilities and their environmental impacts.” The PSC said that the dormant Commerce Clause claim also failed as a matter of law because plaintiffs had not shown discrimination against interstate commerce. The owners of the nuclear facilities that would receive payments under the CES plan moved to intervene and moved to dismiss, largely echoing the PSC’s arguments. The environmental organizations Environmental Defense Fund and Natural Resources Defense Council each filed an amicus brief in support of the PSC’s motion to dismiss.

Challenge to component of New York Clean Energy Standard that provided payments to certain nuclear facilities providing "zero-emission" power.

Coalition for Competitive Electricity v. Zibelman

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New York Public Service Commission Asked Federal Court to Dismiss Challenge to Subsidies to Nuclear Generation in State’s Clean Energy Standard

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Either money or something of monetary value is transferred between two or more organisations, people or countries.

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A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

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New York Public Service Commission Asked Federal Court to Dismiss Challenge to Subsidies to Nuclear Generation in State’s Clean Energy Standard

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance