From 2000-2009, Entergy Arkansas made sales of short-term energy to companies outside the Entergy system. The Louisiana Public Service Commission challenged the sales, and the Federal Energy Regulatory Commission ruled for the state and against Entergy.
Court for the Eastern District against the three members of the commission: Chairman Ted Thomas, Kimberly O’Guinn and Justin Tate.
Entergy also has the right to pursue an appeal of the order at the Arkansas Supreme Court but is not going to do so, Kirshvink said.
In the suit, which the lawyers say was fax-filed this weekend, the plaintiffs allege that Entergy created a system that could not and would not sustain even a minor hurricane with wind gusts at or below 100 MPH. The suit alleges that Entergy made the decision to not invest in the underground transmission of electricity, which in an environment like Southeast Louisiana, could have assured regular, consistent, and sustained protected service to all their customers, not just in affluent neighborhoods.
Instead, Entergy chose "the bubble gum and super glue approach to protect their billions of dollars over the welfare of their customers, because Entergy knew that whatever damages were sustained during a storm could be quickly billed back to its customer base ," the plaintiffs allege.