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Federal court again upholds state nuclear subsidies, this time in New York

from Utility DIVE

The U.S. Court of Appeals for the 2nd Circuit has upheld New York's Zero Emission Credit program, ruling it does not overstep state authority because it does not mandate participation in wholesale power markets and is little different than renewable energy policies already allowed under established legal precedent. The federal court decisions add to a growing body of case law on the boundaries of federal and state energy jurisdiction and boost the pressure on FERC to decide how it will treat subsidized resources in wholesale power markets. more

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