New York District Court Dismisses Lawsuit Challenging Zero Emissions Credit Program
Ruling follows an Illinois District Court decision striking down a similar lawsuit challenging the Zero
Emissions Credit program contained in Illinois’ Future Energy Jobs Act
The U.S. District Court for the Southern District of New York today dismissed a lawsuit challenging the Zero Emissions Credit
(ZEC) program contained in New York’s Clean Energy Standard. Exelon Corporation (NYSE: EXC) issued the following statement on the
decision:
“The court’s decision to dismiss the lawsuit regarding the Zero Emission Credit segment of New York’s Clean Energy Standard
(CES) is good news for New York’s climate efforts and citizens across the state because it preserves the most cost-effective source
of carbon abatement available to consumers. The CES employs the same legal policy mechanisms that states have been using for years
to support investment in other sources of clean energy, such as wind and solar.
“We are confident that the court’s ruling will be respected by state and federal regulators and other policymakers who support
the continued operation of the nation’s nuclear plants and the clean, resilient and affordable energy they provide. As policymakers
work toward reforms that will ensure that electricity markets properly value carbon, these programs serve as an important bridge to
a fully market-based solution.”
The decision marks the second time this month that courts have upheld ZEC programs that support state efforts to advance clean
energy and preserve affordable and reliable energy resources for customers. The U.S. District Court for the Northern District of
Illinois on July 13 dismissed a lawsuit challenging the ZEC program contained in Illinois’ Future Energy Jobs Act (FEJA), which was
signed into law in December. Similar to the New York program, the Illinois ZEC program aims to preserve Illinois’ nuclear
facilities, which are the state’s largest and most cost-effective source of emissions-free energy.
About Exelon
Exelon Corporation (NYSE: EXC) is a Fortune 100 energy company with the largest number of utility customers in the U.S. Exelon
does business in 48 states, the District of Columbia and Canada and had 2016 revenue of $31.4 billion. Exelon’s six utilities
deliver electricity and natural gas to approximately 10 million customers in Delaware, the District of Columbia, Illinois,
Maryland, New Jersey and Pennsylvania through its Atlantic City Electric, BGE, ComEd, Delmarva Power, PECO and Pepco subsidiaries.
Exelon is one of the largest competitive U.S. power generators, with more than 32,700 megawatts of nuclear, gas, wind, solar and
hydroelectric generating capacity comprising one of the nation’s cleanest and lowest-cost power generation fleets. The company’s
Constellation business unit provides energy products and services to approximately 2.2 million residential, public sector and
business customers, including more than two-thirds of the Fortune 100. Follow Exelon on Twitter @Exelon.
Exelon Corporate Communications
Robin Levy
202-637-0317
robin.levy@exeloncorp.com
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