AP&L, LP&L, MP&L, and NOPSI
will immediately record about $67 million of income as a result of retaining the value of certain tax credits.
In early May, Entergy officials determined that the Council was likely to request a credit to NOPSI
customers based on their advisors' review of NOPSI
's earnings for the twelve-month period ended September 30, 1993.
Another argument that draws heavily on NOPSI is that a non-settling
2009) (citing NOPSI for proposition that interest must be
The Court determined that the issue in the NOPSI
case was a legislative action, and that Younger abstention was inappropriate because "it has never been suggested that Younger requires abstention in deference to a state judicial proceeding reviewing legislative or executive action.
Unfortunately, the Supreme Court's Burford analysis in Colorado River and NOPSI
has not resulted in the uniform application of Burford.
261) Although the Second and Eleventh Circuit decisions do not completely foreclose the application of Burford in RICO actions, the Supreme Court's reformulation of Burford in NOPSI
apparently restricted the class of RICO actions to which the Burford abstention doctrine might apply.
Mike Bemis was president and chief operating officer of LP&L and NOPSI
251) In NOPSI
, the Court distilled the Burford doctrine by explaining that where adequate state court review is available, then a federal court sitting in equity should abstain from interfering with proceedings of state administrative agencies: (1) when "there are difficult questions of state law bearing on policy problems of substantial public import whose importance transcends the result in the case then at bar;" of (2) where the "exercise of federal review of the question in a case and in similar cases would be disruptive of state efforts to establish a coherent policy with respect to a matter of substantial public concern.
252) In NOPSI
, the Court distilled the Burford doctrine by explaining that where adequate state court review is available a federal court sitting in equity should abstain from interfering with proceedings of state administrative agencies:
Merger related charges (5,222) Restructuring (10,587) Waste Water Site Closure (3,876) NOPSI
Settlement (23,562) River Bend improvements (1,185) Cajun litigation (397) Consolidated Net Income (Loss) $(16,429)$ 36,486 (145.
Because of our success in reducing costs since the initial 1991 settlement agreement with the council, NOPSI
has been earning above its 12.