Two groups have sued over the state’s plan to require electric ratepayers in New York to support nuclear power plant operations in the short term to allow the state to improve power supplies from renewable energy sources in the long term.
Hudson River Sloop Clearwater and Goshen Green Farms contend that the state violated its Administrative Procedures Act by the way the Public Service Commission adopted the clean energy standard program earlier this year.
Specifically, the action maintains that the commission failed to provide the required minimum 30-day period for public comment on the plan before approving it earlier this year, and used “false or misleading” information to describe the program to the public.
Sloop Clearwater environmental action director Manna Jo Greene said in a statement that while her group supports renewable energy, it should not come through subsidizing nuclear power plants that are “aging, leaky and dangerous.”
Critics of the energy plan argue that it would force consumers to pay as much as $7.6 billion in higher rates between 2017-29 and keep open three old plants, two at Nine Mile Point north of Syracuse and the Ginna plant near Rochester.
The groups’ action in Albany Supreme Court is Hudson River Sloop Clearwater v. New York State Public Service Commission.
A Cuomo spokesman did not return a call seeking comment Thursday.
In October, a coalition of non-nuclear energy producers also sued the Cuomo administration, arguing in a federal claim in the Southern District that the pricing program would violate the energy-regulating authority of the Federal Energy Regulatory Commission and unlawfully interfere with interstate commerce (NYLJ, Oct. 20).