Several New York generators, including NRG Energy and Dynegy, along with a merchant power trade association, have filed a suit in federal court to block New York's zero emission credit program, which provides subsidies, in the form of mandated ESCO and LSE purchases, to eligible nuclear generators.

Plaintiffs claim that the ZEC program interferes with FERC's exclusive jurisdiction.

In a statement provided to several media outlets, PSC Chair Audrey Zibelman said, "The frivolous lawsuit is right out of fossil fuel industry’s play book to deny and thwart actions to combat climate change," adding, "The Supreme Court has repeatedly upheld the rights of states to protect their environment for the welfare of citizens."

The ZEC program is notable for creating a new compliance cost on ESCOs, starting at $17/MWh

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Syracuse.com

Reuters

The Journal News