Justia Government & Administrative Law Opinion Summaries

In assessing the value of electric power plants for purposes of property taxation, assessors may not include the value of intangible assets and rights in the value of taxable property. An electric company purchased "emission reduction credits" (ERCs), which the company had to purchase to obtain authorization to construct an electric power plant and to operate it at certain air-pollutant emission levels. These ERCs constituted intangible rights for property taxation purposes. In assessing the value of the power plant using the replacement cost method, the State Board of Equalization (Board) estimated the cost of replacing the ERCs. In also using an income approach in assessing the plant, the Board failed to attribute a portion or the plant's income stream to the ERCs and to deduct that value from the plant's projected income stream prior to taxation. In analyzing the Board's valuation of the power plant, the Supreme Court held (1) the Board improperly taxed the power company's ERCs when it added their replacement cost to the power plant's taxable value; and (2) the Board was not required to deduct a value attributable to the ERCs under an income approach. Remanded. View "Elk Hills Power, LLC v. Bd. of Equalization" on Justia Law

Atmos Energy Corporation, a local distributing company, contracted with independent gas marketing companies to purchase natural gas then delivered gas to customers through local pipelines. Following an audit, Missouri Public Service Commission (PSC) staff indicated that Atmos had failed to comply with affiliate transaction rules by failing to document properly the fair market value and fully distributed cost of its transactions with its affiliate, Atmos Energy Marketing LLC (AEM). The staff then proposed a disallowance regarding Atmos' transactions with AEM. After an evidentiary hearing, the PSC found compliance with the affiliate transaction rules and rejected the proposed disallowances. The Office of Public Counsel (OPC) appealed, and the court of appeals affirmed. The Supreme Court reversed, holding that the PSC erred in relying upon a presumption of prudence in rejecting staff and OPC's proposed disallowance regarding Atmos's transactions with AEM. Remanded. View "Office of Pub. Counsel v. Mo. Pub. Serv. Comm'n" on Justia Law

Portland Generating Station is a 427-megawatt, coal-fired, electricity generating plant in Northampton County, Pennsylvania, directly across the Delaware River within 500 feet of Warren County, New Jersey. The EPA found that Portland emits sulfur dioxide in amounts that significantly interfere with control of air pollution across state borders. In response to a petition under the Clean Air Act (42 U.S.C. 7408, 7409)), the EPA imposed direct limits on Portland‘s emissions and restrictions to reduce its contribution to air pollution within three years. The Third Circuit upheld the EPA actions. It was reasonable for the EPA to interpret Section 126(b) as an independent mechanism for enforcing interstate pollution control, giving it authority to promulgate the Portland Rule. The contents of the Portland Rule are not arbitrary, capricious, or abusive of the EPA‘s discretion. View "GenOn REMA LLC v. U.S. Envtl. Prot. Agency" on Justia Law

The Canal Authority appealed the district court's decision to grant summary judgment in favor of Interior, Bureau, San Luis, and Wetlands, in a suit to establish priority water rights under Central Valley Project (CVP) water service contracts. The district court granted summary judgment for defendants, holding that all claims arising before February 11, 2004 were time-barred and that Canal Authority was not entitled to priority water allocation under the CVP contracts. The court affirmed the district court's decision on the alternative basis that California Water Code 11460 did not require the Bureau to provide CVP contractors priority water rights, because contracts between the Canal Authority and Bureau contained provisions that specifically address allocation of water during shortage periods. View "Tehama-Colusa Canal Auth. v. U.S. Dept. of Interior" on Justia Law

The 1987 Public Utilities Act, 220 ILCS 5/8-403.1, was intended to encourage development of power plants that convert solid waste to electricity. Local electric utilities were required to enter into 10-year agreements to purchase power from such plants designated as “qualified” by the Illinois Commerce Commission, at a rate exceeding that established by federal law. The state compensated electric utilities with a tax credit. A qualified facility was obliged to reimburse the state for tax credits its customers had claimed after it had repaid all of its capital costs for development and implementation. Many qualified facilities failed before they repaid their capital costs, so that Illinois never got its tax credit money back. The Act was amended in 2006, to establish a moratorium on new Qualified Facilities, provide additional grounds for disqualifying facilities from the subsidy, and expand the conditions that trigger a facility’s liability to repay electric utilities’ tax credits. The district court held that the amendment cannot be applied retroactively. The Seventh Circuit affirmed. The amendment does not clearly indicate that the new repayment conditions apply to monies received prior to the amendment and must be construed prospectively. View "Illinois v. Chiplease, Inc." on Justia Law

Intervenor, Sunflower Electric Power Corporation, appealed the grant of summary judgment to the Sierra Club based on violations of the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., by the USDA's Rural Utilities Services. The district court ruled that the Service unlawfully failed to prepare an environmental impact statement (EIS) before granting approvals and financial assistance to Sunflower's expansion of its coal-fired power plant, and remanded the matter to the Service, enjoining it from granting further approvals until it completed an EIS. The court dismissed the appeal for lack of jurisdiction under 28 U.S.C. 1291 because Sunflower appealed a non-final remand order that was not immediately appealable by a private party and under section 1292(a)(1) because the injunction served no purpose beyond the remand. View "Sierra Club v. U.S. Dept. of Agriculture, et al" on Justia Law

In 2008, the Florida Public Service Commission (PSC) granted the petitions for determination of need for new nuclear power plants proposed by Florida Power & Light company (FPL) and Progress Energy Florida (PEF). The PSC subsequently issued orders granting the utility companies' annual petitions for recovery of their associated preconstruction costs through customer rates. Southern Alliance for Clean Energy (SACE) opposed FPL and PEF's most recent cost recovery petitions, arguing that Fla. Stat. 366.93 unconstitutionally delegates legislative authority to the PSC and, alternatively, the PSC's order authorizing the utility companies to recover preconstruction costs was arbitrary and unsupported by competent, substantial evidence. The Supreme Court affirmed, holding that authorizing recovery of preconstruction costs through customer rates in order to promote utility company investment in new nuclear power plants, even though those plants might never be built, is a policy decision for the Legislature, not the Court. View "Alliance for Clean Energy v. Graham" on Justia Law

The manager of the Wyoming Universal Service Fund (WUSF) filed confidential reports with the Wyoming Public Service Commission (PSC) containing his recommendations for the WUSF assessment level for fiscal years 2009 and 2010. Upon notice from the PSC that public hearings would be held to consider the manager's reports, Qwest asked for contested case hearings. The PSC denied Qwest's requests, concluding that WUSF proceedings are legislative in nature. The PSC subsequently issued orders establishing the WUSF assessment levels as recommended by the manager. The Office of Consumer Advocate and Qwest filed petitions for review of the PSC order. The district court held that the PSC erred in denying Qwest's requests for contested case hearings, reversed the administrative orders, and ordered portions of the 2009 data to be provided to Qwest but denied the request for 2010 data. Four notices of appeal from the district court's order were filed. The Supreme Court affirmed, holding that Qwest was entitled to contested case hearings before the PSC. Remanded for contested case hearings. View "Pub. Serv. Comm'n of Wyo. v. Qwest Corp." on Justia Law

A fire destroyed a hydroponic tomato facility belonging to a new business, Sunnyland Farms, Inc. The day before the fire, Sunnyland's electricity had been shut off by its local utility, the Central New Mexico Electrical Cooperative (CNMEC), for nonpayment. Sunnyland's water pumps were powered by electricity, and without power, Sunnyland's facility had no water. Sunnyland sued CNMEC, alleging both that CNMEC had wrongfully suspended service, and if its electrical service had been in place, firefighters and Sunnyland employees would have been able to stop the fire from consuming the facility. After a bench trial, the court found CNMEC liable for negligence and breach of contract. The trial court awarded damages, including lost profits, of over $21 million in contract and tort, but reduced the tort damages by 80% for Sunnyland's comparative fault. It also awarded $100,000 in punitive damages. The parties cross-appealed to the Court of Appeals, which reversed the contract judgment, vacated the punitive damages, held that the lost profit damages were not supported by sufficient evidence, affirmed the trial court's offset of damages based on CNMEC's purchase of a subrogation lien, and affirmed the trial court's rulings on pre- and post-judgment interest. Sunnyland appealed. Upon review, the Supreme Court affirmed the Court of Appeals regarding the contract judgment, punitive damages, and interest, and reversed on the lost profit damages and the offset. The Court also took the opportunity of this case to re-examine the standard for consequential contract damages in New Mexico. View "Sunnyland Farms, Inc. v. Central N.M. Electric Cooperative, Inc." on Justia Law

Duke Energy Carolinas, LLC (Duke) filed an application with the North Carolina Utilities Commission (Commission) to increase its state retail electric service rates approximately 15.2 percent over current revenues. The application requested that rates be established using a return on equity (ROE) of 11.5 percent. The Commission approved a 10.5 percent ROE for Duke. The attorney general appealed the Commission's order, arguing that the order was legally deficient because it was not supported by competent, material, and substantial evidence and did not include sufficient conclusions and reasoning. The Supreme Court reversed, holding that the Commission failed to make the necessary findings of fact to support its ROE determination. Remanded to the Commission to enter sufficient findings of fact. View "State ex rel. Utils. Comm'n v. Attorney Gen." on Justia Law