ZECs and RECs: A Quick Look at the EPSA v. Star Decision on Nuclear Plant Subsidies

Frederick M. Lowther

lowther-fOn July 14, 2017, Federal District Judge Shah (N.D. Ill.), in EPSA v. Star, 1:17-cv-01164, dismissed the complaints of electricity consumers and an array of electric power generators and their association seeking to invalidate the Illinois Future Energy Jobs Act, enacted in December 2016. The Act created “zero emission credits” (“ZECs”) for the benefit of two nuclear power plants, which the plant owner (Exelon) threatened to retire absent outside economic support. As the Act’s title indicates, a principal motivation for the legislation was the prospect of significant job loss and other economic harms caused by shuttering the two nuclear plants, but the environmental benefit of “zero emission” nuclear power was a major driver as well. Continue reading “ZECs and RECs: A Quick Look at the EPSA v. Star Decision on Nuclear Plant Subsidies”