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ENTERGY NUCLEAR VERMONT YANKEE, LLC v. SHUMLIN

No. 1:11-cv-99 (jgm).

838 F.Supp.2d 183 (2012)

ENTERGY NUCLEAR VERMONT YANKEE, LLC and Entergy Nuclear Operations, Inc., Plaintiffs, v. Peter SHUMLIN, in his official capacity as Governor of the State of Vermont; William Sorrell, in his official capacity as the Attorney General of the State of Vermont; and James Volz, John Burke and David Coen, in their official capacities as Members of the Vermont Public Service Board, Defendants.

United States District Court, D. Vermont.

January 19, 2012.

Attorney(s) appearing for the Case

Faith E. Gay, Esq. , Kathleen M. Sullivan, Esq. , Robert C. Juman, Esq. , Sanford I. Weisburst, Esq. , William B. Adams, Esq. , Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, Matthew B. Byrne , Robert B. Hemley , Gravel and Shea, Burlington, VT, for Plaintiffs.

Scot L. Kline, Esq. , Bridget C. Asay , Justin E. Kolber, Esq. , Kyle H. Landis-Marinello, Esq. , Michael N. Donofrio , Vermont Office of the Attorney General, Montpelier, VT, for Defendants.

DECISION1 AND ORDER ON THE MERITS OF PLAINTIFFS' COMPLAINT

(Doc. 1)

J. GARVAN MURTHA, District Judge.

Plaintiffs Entergy Nuclear Vermont Yankee, LLC (ENVY) and Entergy Nuclear Operations, Inc. (ENOI) (collectively "Entergy")2 own and operate the Vermont Yankee Nuclear Power Station (Vermont Yankee), a merchant plant in Vernon, Vermont that sells electrical power wholesale on...

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