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11th Circ. Denies NextEra $90M Nuclear Disposal Fee Refund

Law360 (June 28, 2018, 7:16 PM EDT) -- NextEra Energy Inc. cannot claim its routine disposal of nuclear fuel rods qualified as a decommissioning cost entitling it to $90 million in tax refunds from nuclear waste disposal fees the utility and plant operator paid the federal government, a panel of Eleventh Circuit judges ruled Thursday. 

NextEra had argued that disposing the fuel rods was a necessary act in decommissioning a power plant, entitling it to claim net operating losses for quarterly fees it had paid the government to dispose them. NextEra wanted to use...
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Case Information

Case Title

Nextera Energy, Inc., et al v. USA


Case Number

17-12304

Court

Appellate - 11th Circuit

Nature of Suit

2870 Tax Suits

Date Filed

May 18, 2017

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