Trade group continues fight against nuclear power subsidy policies

摘要

Counsel for a merchant power generator trade group late Friday filed arnletter with the US 2nd Circuit Court of Appeals, arguing a recent 7thrnCircuit Court decision upholding an Illinois nuclear subsidy law rests onrna basic procedural mistake.rnThe US Court of Appeals for the 7th Circuit in Chicago Septemberrn13 dismissed Federal Power Act preemption with regard to the state’srnzero-emissions credit program that supports struggling nuclear powerrnplants. The three-judge panel also found the law does not violate therndormant Commerce Clause of the US Constitution.rnOn Friday, however, the Electric Power Supply Association’s legalrnteam said the 7th Circuit reasoned from the “incorrect premise thatrnthe trial court had ‘granted summary judgment to the defendants'rnand then improperly accepted the defendants’ factual assertions asrnif they were undisputed summary-judgment evidence,” according tornthe letter.