A Cuomo administration-endorsed plan to have western New York ratepayers subsidize the $200 million conversion of a coal-fired power plant near Buffalo to natural gas may violate the U.S. Constitution, a federal judge said.
Northern District Judge David Hurd ruled in Entergy Nuclear Fitzpatrick v. Zibelman, 5:15-cv-230, that the arrangement, which was approved by the Public Service Commission in 2014, may violate the Commerce Clause as claimed by Entergy, owners of the Fitzpatrick power plant near Syracuse.
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