(United States Supreme Court) - In a suit filed by incumbent power generators against members of the Maryland Public Service Commission,arising out of Maryland's deregulated energy market and the state's newly enacted regulatory program to encourage the development of novel in-state electric power generation by approving the construction of a novel power plant and requiring a 20-year pricing contract, the Fourth Circuit's decision upholding the District Court's issuance of a declaratory judgment, or holding that Maryland's program improperly sets the rate the novel power plant receives for interstate wholesale capacity sales,is affirmed where Maryland's program is preempted because it disregards the interstate wholesale rate the Federal Energy Regulatory Commission (FERC) requires under the Federal Power Act (FPA).
Source: findlaw.com