Judge tosses lawsuit to stop Gov. Cuomo's subsidies for nuclear plants

New Yorkers for Fair Energy said the group will appeal the judge's decision.

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Manhattan District Court Judge Valarie Caproni threw out a lawsuit by trade groups and energy companies to halt New York Gov. Andrew Cuomo's plan to subsidize ailing nuclear power plants with billions of dollars, according to reports.

Caproni said New York's zero emissions credits program was related to making clean energy and cutting emissions, and therefore constitutional.

Plaintiffs, which included NRG Energy, Dynegy and the Coalition for Competitive Electricity, argued that federal law preempted the state's public service commission from offering credits to promote cleaner energy.

The seven total plaintiffs argued those credits would raise electric bills in New York's near monopoly-run electricity market by more than $7.5 billion over 12 years, thus violating the Commerce Clause of the Constitution.

Another plaintiff, New Yorkers for Fair Energy, said the group will appeal the judge's decision.

Nationwide, the owner/operators of many U.S. nuclear power plants are facing financial pressure due to cheaper energy and aging equipment.

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