Freehold Cogeneration Associates, L.P. v. Board of Regulatory Commissioners of New Jersey

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case has its genesis in Congress’ creative effort to promote the use of alternative energy sources by state and federal utility authorities. To make the nation more energy independent, Congress sought to encourage small power production facilities that use renewable fuels, such as solar, wind, biomass and water, and cogeneration facilities that use traditional fuels more efficiently by sequentially producing both electricity and steam or other useful thermal energy. Free*1182hold Cogeneration Associates, L.P. (“Freehold”) is the type of facility that…