BOSTON (AP) — Opponents of a proposed wind farm in Nantucket Sound have filed a federal lawsuit saying the state overstepped its authority when it brokered an agreement for a major utility to buy power from the project.
The suit filed Tuesday by the Alliance to Protect Nantucket Sound, the town of Barnstable and several Cape Cod businesses argued that by brokering the deal between NStar and Cape Wind, the state discriminated against out-of-state power companies with a deal that will drive up electricity costs.
The suit alleges state regulators exceeded their authority in setting wholesale rates for the contract in violation of the Federal Power Act and Supremacy Clause of the U.S. Constitution, which reserves that power for the Federal Energy Regulatory Commission.
A Cape Wind spokesman called the complaint frivolous and without merit.
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