A recent ruling by the Fifth Circuit Court of Appeals is ordering the Federal Energy Regulatory Commission to explain why cases against Entergy have been delayed from litigation. Eric Skrmetta is a commissioner with the Louisiana Public Service Commission:
“The Commission has been in litigation over the company that Entergy formed to operate and develop the Grand Gulf Nuclear Plant which is referred to as (System Energy Resources, Incorporated) SERI,” Skrmetta says. “We have recently won two of the cases which have provided a remedy of $600-million back to ratepayers.”
At issue here is an additional $2-billion dollars in refunds that could be paid out if the litigation goes the LPSI’s way.
“There are a number of other cases, I believe there are 13 remaining and those cases have languished between four and six years.”
Now FERC must explain why it has not taken action on the remaining cases or get out of the way and clear those cases to go to litigation.
“We are all very, very happy at the [LPSC] on the Fifth Circuit ruling, we feel that it’s an appropriate method to get the attention of the FERC,” Skrmetta says. “To get a plan to complete these cases that have been, in the words of the court, languishing on the docket for multiple years versus what should have been done in a year to a year-and-a-half at the most.”
Skrmetta says now is the time for these cases to move to litigation.
“You’re seeing the culmination of years of intense legal and economic work that has been done by the Louisiana Public Service Commission to focus on the potential of recovery for the ratepayers of the state.”
