State regulators in New Jersey and Maryland are appealing federal court decisions that have challenged the constitutional authority of the states to subsidize the construction of new power generation in their jurisdictions.
The New Jersey Board of Public Utilities (BPU) appealed on Nov. 20 to a federal appellate court in Philadelphia an October district court ruling that had deemed unconstitutional a New Jersey law that allowed the state to subsidize construction of 2,000 MW of natural gas-fired power plants.