|
|
U.S. Court of Appeals for the 2nd Circuit Case Summaries: July 2, 208
- Article from:
-
Daily Record (Rochester, NY)
- Article date:
-
July 2, 2008
|
Copyright informationCopyright 2008 Daily Record (Rochester, NY). Provided by ProQuest LLC. (Hide copyright information)
|
U.S. Court of Appeals for the Second Circuit
Public Utilities
Federal Preemption
Wheelabrator Lisbon Inc. v.
Department of Public Utility Control
06-3632-cv
Appealed from the District
of Connecticut
Background: The plaintiff filed for injunctive relief from a
state agency decision requiring the transfer of renewable energy
credits to a utility company. The principal dispute concerns the
ownership of the renewable energy attributes of the energy conveyed
in an electricity purchase agreement. Wheelabrator argues that a
2004 decision of the DPUC modified the terms of the agreement and
imposed utility-type regulation in conflict with Section 210(e) of
the Public Utility Regulatory Policies ...