$13M Vt. Power Plant Levy Illegal, Entergy Tells 2nd Circ.

Law360, New York (February 6, 2013, 8:20 PM EST) -- Entergy Corp. on Tuesday hit back at a $13 million annual levy imposed on the Vermont Yankee nuclear power plant by Vermont, telling the Second Circuit that the levy was an unconstitutionally discriminatory attempt to make up for the ending of payments the company had previously made to the state.

According to Entergy’s brief, the $0.0025-per-kilowatt-hour levy, imposed by the state on electricity generated by any plants constructed post-July 1965 and generating at least 200 megawatts, was unfairly aimed at the 620-megawatt Vermont Yankee plant, the...
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