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New York Court Denies Challenge To New York Nuclear Subsidies (Costs Recovered From ESCOs)
October 10,2019 The Supreme Court for the County of Albany, NY has denied a challenge to the Zero Emissions Challenge program established by the New York PSC to provide subsidies to certain nuclear plants New York's ZEC program is notable because it imposes a compliance obligation on ESCOs and the default service supplier on the supply side of the bill The PSC's order was challenged by various IPPs and certain environmental groups Generally, the court found that the PSC demonstrated adequate administrative record support for the PSC's decision The Court found that the PSC's order was not arbitrary or capricious The Court cited the PSC's broad statutory power to set rates charged by utilities and found that the PSC had established a rational basis for ZEC pricing methodology adopted by the PSC All of the claims made by parties challenging the ZEC program were denied Hudson River Sloop vs. NYS PSC, et al; Index Number: 7242-16
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