Village of Old Mill Creek v. Star

Dist. Ct. did not err in granting defendant’s motion for summary judgment in action alleging that Ill. statute, which essentially subsidized some of Ill. nuclear generation facilities by requiring generators of power via coal or gas to purchase zero emission credits, was preempted by Federal Power Act, because it impinged on Federal Energy Regulatory Commission’s (FERC) power to regulate sale of electricity through auctions. Plaintiffs-association of electricity producers and municipalities conceded that state may take several steps that could affect price of power, and FERC indicated that instant statute did not interfere with interstate auctions and was not otherwise preempted. Moreover, state policy that affects price only by increasing quantity of power available for sale is not preempted by federal law, and instant statute did not discriminate against interstate commerce where it imposed greater costs only on Illinois plants through required purchase of zero emission credits.