A U.S. Court of Appeals has responded to a lawsuit filed earlier this week by a Dutchess County utility and the New York State Public Service Commission concerning a new capacity zone.
The U.S. Court of Appeals for the Second Circuit has ordered the Federal Energy Regulatory Commission to respond by May 27 to a lawsuit filed by Poughkeepsie-based Central Hudson Gas & Electric Corporation and the New York State Public Service Commission to halt further actions under a new capacity zone that was implemented May 1, and to act on earlier petitions to either phase in or cancel the zone. Central Hudson Spokesman John Maserjian says the court order is encouraging news.
“But we’re hopeful that the court will render a decision on our motion to stay, at least to stay or cancel further auctions under the new capacity zone, and allow us to return to the prior model before the next auction takes place on June 9th.”
The Court panel will hear the motions and petitions June 3. Traditionally, FERC does not comment on pending legal matters.