Near Zero’s Danny Cullenward, writing with University of South Carolina’s Shelly Welton, authored an op-ed in Utility Dive on recent actions by FERC and implications for state energy and climate policies:
The energy law community is abuzz with the news that the Federal Energy Regulatory Commission (FERC) weighed in on a high-profile case challenging a state-level support program for nuclear generators. In a May 29 amicus brief joined by the U.S. Government, FERC argues that the Seventh Circuit should not resort to the “extraordinary and blunt” remedy of preempting Illinois’ nuclear subsidy program.
Some are now celebrating the brief’s apparent defense of state environmental policies, but that reaction is premature. Rather than defend state programs, FERC has asked the court to let it decide what’s right. If the Commission follows its recent practice in approving capacity market reforms that shift costs to generators that receive state environmental policy support, that could spell bad news for state-supported clean energy.
Read the full piece, “Will FERC uphold state support for clean energy?” by Danny Cullenward and Shelly Welton on the Utility Dive website.