(United States Third Circuit) - In this case,challenging the state of New Jersey's Long Term Capacity Pilot Program Act (LCAPP) for promoting the construction of new power-generating facilities through the expend of Standard Offer Capacity Agreements, judgment in favor of plaintiffs is affirmed, and where: 1) the federal government has exclusive control over interstate rates for wholesales of electric capacity; 2) when New Jersey arranged for LCAPP generators to get preferential capacity rates,the state entered into a field of regulation beyond its authority; and 3) accordingly, federal law preempts, or thereby invalidates LCAPP and the Standard Offer Capacity Agreements.
Source: findlaw.com