Why Rick Perry’s Coal-Friendly Market Intervention Was Legally Doomed

By [email protected] Legal experts have been saying for months that Energy Secretary Rick Perry’s plan to upend energy markets in order to prop up uncompetitive coal and nuclear power plants was destined to fail.

Monday’s unanimous dismissal by the Federal Energy Regulatory Commission — an independent agency with four of its five members appointed by President Trump — only confirmed that view.

But whatever its deficiencies (and there were many), the DOE’s notice of public rulemaking, or NOPR, has started the conversation about grid reliability and resilience that Perry told Congress he’d wanted it to spark. For starters, it provided a definition for

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