In April, the Board of Public Utilities (BPU) denied subsidy support from ratepayers for the project, saying it did not provide a “net economic benefit” for the state, was too expensive and exposed them to an unacceptable level of risk if the US Energy Department did not provide financial support.

The Superior Court of New Jersey, Appellate Division ruling also requires BPU to acknowledge Fishermen’s proposed energy price of $199.17