5th Circ. Says Entergy Must Pass $10.9M To Texas Customers

Law360 (April 27, 2018, 4:21 PM EDT) -- The Fifth Circuit held Thursday that a Federal Energy Regulatory Commission order authorizing Entergy's Texas utility to receive an additional $10.9 million payment mandated by an electricity system agreement does not retroactively impact previous payments and that the Public Utility Commission of Texas can make the utility pass the money on to customers.

The majority of a panel of three circuit court judges held a 2015 FERC order allowing Entergy Texas Inc. to receive the additional so-called bandwidth payment, which is meant to help evenly distribute electricity production costs under a system agreement between multiple Entergy utility units, does not reallocate...

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