Markell, PSC sued over Bloom Energy deal

Resident, competitor say state aid for Bloom is discriminatory

A Middletown resident and a Connecticut fuel cell manufacturer have filed suit against Gov. Jack Markell and the Public Service Commission, seeking to invalidate the law passed last year that enables a Bloom Energy factory and electrical projects in Delaware.

John Nichols and FuelCell Energy Inc., of Danbury, Conn., filed suit in U.S. District Court in Delaware on Wednesday, also seeking to invalidate a surcharge for Delmarva Power ratepayers that will subsidize two energy-generating clusters operated by a Bloom subsidiary.


Last year, lawmakers changed state code to allow Delmarva Power to count purchases from Bloom Energy’s solid-oxide fuel cell servers toward its state renewable energy purchase requirements.

After receiving PSC approval, Delmarva agreed to pay for Bloom to put 30 megawatts of its electricity onto the regional grid from two electrical projects in New Castle County.

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