Entergy's Challenge To $13M Vt. Nuke Plant Tax Tossed

Law360, New York (October 26, 2012, 4:07 PM EDT) -- Vermont on Thursday escaped an Entergy Corp. suit challenging a nearly $13 million annual levy the state imposed on the company’s Vermont Yankee nuclear plant, after a federal judge ruled that the claim must be pursued in state court.

According to U.S. District Judge Christina Reiss, the levy of $0.0025 per kilowatt-hour imposed by the state on electricity generated by the 620-megawatt plant was a tax by definition under the Tax Injunction Act, which prohibits federal courts from interfering with the collection of state taxes if...
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