March 18, 2024

New Jersey Division of Rate Counsel Argues Against Greenlighting of Transco Pipe Line Project

On March 15, 2024, firm partner Jeffrey Schwarz, on behalf of the New Jersey Division of Rate Counsel, argued in the D.C. Circuit (recording) to vacate a Federal Energy Regulatory Commission (FERC) order greenlighting Transcontinental Gas Pipe Line Company’s (Transco’s) Regional Access Expansion Project (REAE). The project will enable Transco to transport up to...
Anree G. Little, Jeffrey A. Schwarz, Scott H. Strauss
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May 16, 2019

FMPA Wins Complaint Against Duke, Restoring Queue Positions

On May 16, 2019, FERC granted a Florida Municipal Power Agency (FMPA) complaint against Duke Energy Florida (DEF), reinstating FMPA’s previously submitted requests for transmission service to supply its members with power generated from the Poinsett Solar Facility, a NextEra 75 MW solar installation that is part of the largest solar project in Florida. FMPA requested transmission service from DEF...
Cynthia S. Bogorad, William S. Huang
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April 15, 2019

Supreme Court Declines to Hear Appeal of New York Subsidies Case

On April 15, the U.S. Supreme Court denied a petition for writ of certiorari, thereby ending a constitutional challenge brought by a group of fossil‑fueled generators against New York State’s zero-emissions credits (ZECs) program.  The ZEC program provides production‑based subsidies to certain financially challenged nuclear plants, to keep those plants operating until new renewable electricity supplies can meet a...
Scott H. Strauss, Peter J. Hopkins, Jeffrey A. Schwarz
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September 27, 2018

New York Prevails in Defense of Zero-Emission Credits

On September 27, 2018, in Coalition for Competitive Electricity et al. v. Zibelman et al.,* the Second Circuit upheld New York’s zero-emissions credits (ZECs) program, a component of its Clean Energy Standard and larger energy reform plan to reduce greenhouse gas emissions 40% by 2030. New York’s ZEC program aims to preserve the continued operation of nuclear generators, which do...
Scott H. Strauss, Peter J. Hopkins, Jeffrey A. Schwarz
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