Gas, coal defend FERC’s price floor order

Regardless, renewable energy companies and environmentalists are likely to challenge the order in court. “There are lots of opportunities for ‘arbitrary and capricious’ challenges,” said Ari Peskoe, director of the Harvard Electricity Law Initiative, including FERC’s broad definition of which subsidies will qualify for the price floor, and why FERC did not include an option for individual plants to opt out of the capacity market.

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