BPU ponders action on gas-plant ruling
U.S. District Judge Peter Sheridan ruled Friday that the plan was unconstitutional, siding with a group of electricity transmission companies that objected to the additional costs they would face.
The companies had sued the utilities board and CPV Power Development Inc., a Silver Spring, Md.-based company that is seeking to build a natural gas power plant in New Jersey. The plant is one of three planned through the state's Long Term Capacity Agreement pilot program.
The program is a major part of a plan from Republican Gov. Christie's administration to increase power capacity in the state by offering incentives for firms to build plants in it or nearby. The administration has said it hopes that adding plants would cut the price of power for consumers because there would be more electricity generated nearby and it would be cheaper to move to New Jersey customers. In the meantime, customers would have to pay more on the power transmission portion of their electric bills to help finance the new plants.
CPV spokesman Braith Kelly said the company would not speak publicly about last week's ruling until the judge releases a final order. BPU spokesman Greg Reinert said the board was reviewing the opinion and had not decided its next step.