Description: Challenge to New Jersey Board of Public Utilities approval of nuclear power plant applications for Zero Emission Certificates.
In re Implementation of L. 2018, C. 16 Regarding Establishment of Zero Emission Certification Program for Eligible Nuclear Power Plants
Filing Date Type File Action Taken Summary 03/19/2021 Opinion Download Board of Public Utilities' decision affirmed. New Jersey Upheld Approval of Zero Emission Certificates for Nuclear Power Plants. The Appellate Division of the New Jersey Superior Court affirmed the Board of Public Utilities’ approval of applications by three nuclear power plants under the Zero Emission Certificate (ZEC) program. The court found that the Board’s decision was adequately supported by the record and consistent with the language and legislative intent of the 2018 statute that established the ZEC program. The court noted that the ZEC statute was intended to help New Jersey achieve its clean energy goals by subsidizing nuclear power generators to keep them operational in the face of competition from carbon-emitting generators.