Entergy Can't Block Vt.'s $13M Plant Levy, 2nd Circ. Hears

Law360, New York (May 8, 2013, 3:23 PM EDT) -- The state of Vermont on Tuesday hit back at Entergy Corp.’s attempt to block a $13 million annual levy imposed on its Vermont Yankee nuclear power plant, telling the Second Circuit that the levy was a tax the state was allowed to impose without federal interference.

According to the state’s brief, the $0.0025-per-kilowatt-hour levy, imposed on all post-July 1965 power plants in the state generating at least 200 megawatts — which currently only includes the 620-megawatt Vermont Yankee plant — is a legitimate state tax with...
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