“New York state has received the first legal challenge to the clean energy standard (CES) it passed earlier this month.

Lawyers for Ampersand Hydro LLC, which controls 12 small hydropower stations in New York, have asked regulators for a rehearing on procedural grounds. The document entered the official record this morning, marking the first formal challenge to the CES by opponents.

The New York Public Service Commission confirmed the CES, a plan to get half the state’s power from renewable energy by 2030, this month. Under the plan, three nuclear plants would receive subsidies through 2029.”

“Other parties have until the end of the month to ask the PSC for a rehearing. They also can file suit with the New York Supreme Court, although the court will likely want to see that a party tried at the PSC first. Finally, parties can object to the CES with the Federal Energy Regulatory Commission.

Exelon Corp., which is trying to become the owner of all three nuclear plants eligible for the subsidy, has asked regulators to clarify the CES. On Monday, it said it wanted to know what happens to the subsidies if it fails to buy the James A. FitzPatrick nuclear facility from Entergy Corp. (EnergyWire, Aug. 23).

‘It is simply a procedural matter,’ the Department of Public Service, the PSC’s staff arm, said in an emailed statement to EnergyWire yesterday.

The next step is to take public comments on Exelon’s petition. Then the PSC will make a decision on it.

‘Exelon’s petition will not slow nor have any other effect on the regulatory process to transfer the FitzPatrick nuclear facility to Exelon,’ the statement said. ‘What may or may not happen if the deal does not go through would be speculative at this point.'”

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