Skip to content


  • Add this article to your LinkedIn page
  • Add this article to your Twitter feed
  • Add this article to your Facebook page
  • Email this article
  • View or print a PDF of this page
  • Share further
  • Add this article to your Pinterest board
  • Add this article to your Google page
  • Share this article on Reddit
  • Share this article on StumbleUpon
  • Bookmark this page

Controversial nuclear power bailouts could reach Supreme Court

To read the full article in Forbes, click here.

David Cherney, energy market expert at PA Consulting Group, provides his perspective on an ongoing litigation from a group of power generators regarding Zero Emissions Credits (ZECs) required under the Clean Energy Standard.

Commenting on this topic, David states: “In FERC’s mind RECs were not part of wholesale markets, but rather separate and distinct markets created by the states independent of wholesale markets. Renewable energy attributes are separate from wholesale power and capacity markets so they don’t fall under FERC's remit but fall under that of the state.”    

Next Generation Utility

Learn how to navigate the uncertain future of the electricity sector

read our insights

David concludes: “The NYPSC designed ZECs around the social cost of carbon and not wholesale power markets. By this reasoning, ZECs are not directly tied to energy or capacity sales of the upstate NY plants. It’s not a lock that the Supreme Court would rule against NY State on this.”


Contact the energy and utilities team

By using this website, you accept the use of cookies. For more information on how to manage cookies, please read our privacy policy.