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Maryland, New Jersey appeal federal rulings on efforts to get power plants built


From the November 26, 2013 issue of Public Power Daily

Originally published November 26, 2013

Maryland and New Jersey have filed appeals of federal court decisions that their respective programs to promote construction of new power plants are unconstitutional (see Public Power Daily, Oct. 21). In both cases, the lower courts held that the state efforts intruded on the authority of the Federal Energy Regulatory Commission and violated the Supremacy Clause of the Constitution.

The Maryland Public Service Commission asked the U.S. Court of Appeals for the Fourth Circuit to review a district court's decision overturning the commission’s requirement that the state’s investor-owned utilities sign contracts for power from a new Competitive Power Ventures 725-MW natural gas-fired plant. Competitive Power Ventures won a competitive solicitation process to build a new power plant in Maryland.

The New Jersey Board of Public Utilities filed an appeal with the U.S. Court of Appeals for the Third Circuit of a district court ruling against a state law requiring the state’s investor-owned utilities to enter into contracts with companies that won a competitive solicitation process to build new power plants in New Jersey.

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