Supreme Court won’t hear New Jersey generation litigation

Now that it has ruled against a Maryland Public Service Commission (PSC) in-state generation incentive for a gas-fired power plant, the U.S. Supreme Court has elected not to hear litigation on a similar case in New Jersey.

The nation’s highest court had unanimously ruled April 19 that a power generation program in Maryland, which is a de-regulated state, is preempted because it disregards the interstate wholesale rate required by the Federal Energy Regulatory Commission (FERC).

In that case, the high court had upheld a decision by a three-judge panel for the 4th Circuit, U.S. Circuit Court of Appeals. Now, on April 25, the Supreme Court reported that it had denied “certiorari” or “cert” for two cases involving very similar issues in New Jersey.

The 3rd Circuit Court of Appeals had ruled against the New Jersey generation program.

Without further comment, the Supreme Court listed both 14-634 CPV Power Holdings et al v. Talen Energy and 14-694 Joseph Fiordaliso et al vs. Talen Energy Marketing among the cases that it would not hear.

Fiordaliso is commissioner of the New Jersey Board of Public Utilities (BPU). CPV is a natural gas development company that benefitted from the disputed New Jersey generation incentive program.

About Wayne Barber 4201 Articles
Wayne Barber, Chief Analyst for the GenerationHub, has been covering power generation, energy and natural resources issues at national publications for more than 20 years. Prior to joining PennWell he was editor of Generation Markets Week at SNL Financial for nine years. He has also worked as a business journalist at both McGraw-Hill and Financial Times Energy. Wayne also worked as a newspaper reporter for several years. During his career has visited nuclear reactors and coal mines as well as coal and natural gas power plants. Wayne can be reached at