NEI supports New York Zero-Emissions Credit program

The Nuclear Energy Institute (NEI) recently submitted an amicus brief to the U.S. Court of Appeals for the Second Circuit explaining its support of New York’s Zero-Emissions Credit program.

New York’s plan was challenged by fossil fuel generators but upheld by the U.S. District Court for the Southern District of New York. NEI filed the recent brief in opposition to an appeal of the decision to uphold the program.

“New York’s ZEC program is a commitment to clean energy because it targets the largest source of clean energy in the state and country: nuclear power,” NEI said in the brief. “The ZEC program is an extension of widely-used REC programs, and solidly links itself to New York’s climate goals.”

NEI argued that states can regulate retail sales of electricity and commodities other than electric energy and can implement programs, such as the ZEC program, that satisfy their environmental goals, even if those initiatives impact market prices and participation.

“The New York ZEC program, like state REC programs, is targeted towards technologies not being adequately compensated for their environmental attributes, which is what the ZEC program intends to cure,” NEI said.

NEI’s also recently expressed its support of Illinois’ ZEC program, which was also challenged in court. Both the New York and Illinois cases are currently in the appeals phase.