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NEXTERA ENERGY, INC. v. U.S.

No. 17-12304.

893 F.3d 1353 (2018)

NEXTERA ENERGY, INC., and Affiliated Subsidiaries f.k.a. FPL Group, Inc., Florida Power & Light Company, separately and as parent of Florida Power & Light Company and Affiliated Subsidiaries, Plaintiffs-Appellants, v. UNITED STATES of America, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 28, 2018.

Attorney(s) appearing for the Case

David Bruce Salmons , James D. Bridgeman , Bryan Michael Killian , Raechel Keay Kummer , William F. Nelson , James G. Steele, III , Morgan Lewis & Bockius, LLP, Robert T. Carney , Florida Power and Light Company, Christopher S. Rizek , Caplin & Drysdale, Washington, DC, James P. Dawson , Florida Power & Light Company, Juno Beach, FL, for Plaintiffs-Appellants.

Ivan Clay Dale , Bruce R. Ellisen , Gilbert Steven Rothenberg , U.S. Department of Justice, Chief Appellate Section Tax Division, Joseph R. Ganahl , U.S. Department of Justice, Cory A. Johnson , Gregory L. Jones , U.S. Department of Justice, Tax Division, Washington, DC, for Defendant-Appellee.

Before MARTIN, JULIE CARNES, and GILMAN, Circuit Judges.

Plaintiff NextEra Energy, Inc., and its subsidiaries Florida Power & Light Company and NextEra Energy Resources, LLC (collectively "NextEra") operate five nuclear power plants. NextEra seeks a sizeable tax refund for net operating losses resulting from fees it paid to the Nuclear Waste Fund for the disposal of radioactive...

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