PPL Energyplus, LLC, et al. v. Lee A.Solomon, in his official Capacity as President of the New Jersey Board of Public Utilities, et al.

PPL Energyplus, LLC, et al. v. Lee A. Solomon, in his official Capacity as President of the New Jersey Board of Public Utilities, et al. Nos. 13-4330 & 13-4501 (consolidated) Appeal of the U.S. District Court for the District of New Jersey’s ruling that a New Jersey statute, the Long Term Capacity Pilot Program Act is preempted by the Federal Power Act. PPL EnergyPlus, LLC v. Hanna, No. 11-745, 2013 WL 5603896 (D.N.J. Oct. 2013). The New Jersey statute is a state initiative to incentivize the development of new generation resources. Generators selected under the statute are required to participate in the regional interstate energy market administered by PJM Interconnection, L.L.C. and overseen by the Commission. The United States and the Commission responded to the Court’s invitation to submit an amicus brief addressing whether the Federal Power Act preempts the New Jersey statute. Circuit 3rd Cir.