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11th Circ. Affirms Toss Of Class Suit Over Fla. Nuke Costs

Law360 (July 11, 2018, 11:19 PM EDT) -- The Eleventh Circuit on Wednesday affirmed the dismissal of a putative class action aimed at Duke Energy Florida LLC and Florida Power & Light Co. over a state law allowing the utilities to recoup costs for nuclear power plant projects, ruling the state law is not preempted by federal law.

The appeals court said the case brought by two of the utilities' customers had been properly dismissed because the state’s Nuclear Cost Recovery System, which allows utilities to shift costs for new nuclear power plants to...
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