New Jersey appeals court ruling over its power development law

The New Jersey Board of Public Utilities on Nov. 21 filed an appeal at the U.S. Third Circuit Court of Appeals over an Oct. 11 lower court decision that struck down a board approval of a CPV Power Development gas-fired power project under a state generating resource development plan.

The lead plaintiff in this appeal is Robert Hanna, the president of the board. The Nov. 21 filing was merely a notice of appeal and so it lacks the legal arguments the board plans to make in this case.

The original plaintiffs in this case included Calpine Corp. and Exelon Generation Co. LLC, who successfully argued at the U.S. District Court level that the state law and the board’s approval of the CPV project under that law were illegal. The lower court ruled that the state’s Long Term Capacity Agreement Pilot Program Act (LCAPP) is preempted by the Federal Power Act and in violation of the Supremacy Clause of the U.S. Constitution.

The New Jersey BPU had in 2011 selected the gas-fired, 700-MW CPV Woodbridge Energy Center project of Competitive Power Ventures under the LCAPP program.

About Barry Cassell 20414 Articles
Barry Cassell is Chief Analyst for GenerationHub covering coal and emission controls issues, projects and policy. He has covered the coal and power generation industry for more than 24 years, beginning in November 2011 at GenerationHub and prior to that as editor of SNL Energy’s Coal Report. He was formerly with Coal Outlook for 15 years as the publication’s editor and contributing writer, and prior to that he was editor of Coal & Synfuels Technology and associate editor of The Energy Report. He has a bachelor’s degree from Central Michigan University.