United States Third Circuit
PPL EnergyPlus v. Solomon, 13-4330
In this case, challenging the state of New Jersey's Long Term Capacity Pilot Program Act (LCAPP) for promoting the construction of new power-generating facilities through the use of Standard Offer Capacity Agreements, judgment in favor of plaintiffs is affirmed, where: 1) the federal government has exclusive control over interstate rates for wholesales of electric capacity; 2) when New Jersey arranged for LCAPP generators to receive preferential capacity rates, the state entered into a field of regulation beyond its authority; and 3) accordingly, federal law preempts, and thereby invalidates LCAPP and the Standard Offer Capacity Agreements.
Appellate Information
- Decided 09/11/2014
- Published 09/11/2014
Judges
Court
- United States Third Circuit