Joe Fagan was quoted in an article, "NY Nuke Plant Subsidies Will Likely Face Legal Battle," in Law360. The article is about the challenges that nuclear plant subsidies offered by New York state in its newly announced clean energy standard will likely face due to a U.S. Supreme Court's recent decision. The ruling found that plant subsidies offered by Maryland usurped federal authority over wholesale electricity markets. The standard calls for the state to have half its electricity come from renewable sources by 2030, and also requires all six New York investor-owned utilities and other electricity suppliers to buy zero-emission credits starting in April 2017 that will be used to prop up two nuclear plants in central New York. Fagan notes that opponents of the New York initiative will likely argue that the state’s subsidies infringe upon FERC's wholesale authority, and in so doing, can expand the scope of the Hughes decision beyond the narrow parameters set by the Supreme Court. "If you were to take the views of the opponents to their logical extreme, you could argue that any subsidy for nuclear generation is, by definition, preempted by the [Constitution's] supremacy clause and violates the Federal Power Act," he said.
Day Pitney will host a FERC 101 event, co-sponsored by Connecticut Power & Energy Society and EBA, on November 13 in its Hartford and Washington, DC offices.
Sebastian Lombardi will serve on a panel, "State Policies and the Markets: How the tension is playing out in PJM," at the Northeast Energy and Commerce Association's Power Markets Conference on November 8, at the Marriott Courtyard Hotel in Marlborough, MA.
Day Pitney White Paper
On September 27, partner Joseph Fagan will be speaking on a panel, "Policy v. Practical: What can the regional consumers expect from lawmakers, regulators and energy providers?," at the Northeast Energy and Commerce Association's (NECA) annual Fuels Conference in Marlborough, MA.
Day Pitney Alert
Day Pitney associate Alexander W. Judd has been elected to serve as Chair of the Energy, Public Utility and Communications Law Section of the Connecticut Bar Association (CBA).
Day Pitney Press Release
Day Pitney Press Release
Day Pitney and the National Governors Association (NGA) hosted an invitation-only forum, held at the Downtown Harvard Club of Boston, that brought together lawyers, policymakers, cybersecurity experts and other participants to identify and discuss legal issues related to the growing Industrial Internet of Things (IIoT).
David Doot was quoted in an article, "Energy Department Urges Pricing Shift That Could Bolster Coal, Nuclear," published in the The Wall Street Journal.