If Hood wins, he could force Entergy to issue refunds to

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Mississippi alleges fraud

Haley Fisackerly, president and chief executive officer of Entergy Mississippi, canada goose outlet reviews LLC, left, an electric utility that serves approximately 449,000 customers in 45 Mississippi counties, and members of the company legal team, leave the federal courthouse in Jackson, Miss., Monday, April 1, 2019. Mississippi attorney general wants a canada goose outlet black friday federal judge to order the state largest private utility to repay more than $1 billion he says Entergy Mississippi overcharged customers, but the unit of New Orleans based Entergy Corp., says it done nothing wrong and that the dispute belongs before a regulator, not a judge. (AP Photo/Rogelio V. Solis)

Haley Fisackerly, president and chief executive officer of Entergy Mississippi, LLC, left, an electric utility that serves approximately 449,000 customers in 45 Mississippi counties, and members of the company legal team, leave the federal canada goose uk outlet courthouse in Jackson, Miss., Monday, April 1, 2019. Mississippi attorney general wants a federal judge to order the state largest private utility to repay more than $1 billion he says Entergy Mississippi overcharged customers, but the unit of New Orleans based Entergy cheap canada goose Corp., says it done nothing wrong and that the dispute belongs before a regulator, not a judge. (AP Photo/Rogelio V. Solis)

JACKSON, Miss. The state of Mississippi opened a trial Monday arguing that the state’s largest private utility defrauded customers by not buying cheaper power from other generators and demanding Entergy Mississippi should be forced to repay up to $2 billion to its customers.

“We’re not here to make a profit,” lawyer Vince Kilborn said on behalf canada goose coats of Mississippi Attorney General Jim Hood. District Judge Carlton Reeves that there’s little evidence that customers suffered any harm, noting rates were mostly lower than the canada goose outlet new york city national average during the 1998 to 2013 period at question in the suit. Entergy argues it bought plenty of power from outside generators, but canada goose outlet jackets said it needed to run some of its own older power plants sometime to keep electricity demand and supply in balance, even if that power was more expensive.

“Using canada goose outlet toronto factory our legacy system was a way to keep canada goose uk shop the lights on for all of our customers, including in Mississippi,” Kathleen Sullivan argued for Entergy.

Reeves, and not a jury, will decide if cheap canada goose uk Entergy is guilty at the end of testimony, expected to stretch over parts of three weeks. If Hood wins, he could force Entergy to issue refunds to 447,000 customers in western Mississippi as the Democratic attorney general runs for governor, although any verdict would likely be tied up in appeals. Some of the private lawyers handling the suit for Hood also sued two Entergy subsidiaries in Louisiana, winning about $100 million in class action damages. A state appeals court threw out a Texas lawsuit, agreeing with buy canada goose jacket canada goose outlet Entergy that canada goose outlet store uk the canada goose outlet parka dispute was for canada goose clearance sale a regulator to decide.

Entergy has also asked Reeves to canada goose outlet uk sale throw out the Mississippi suit, saying the state Public Service Commission or the Federal Energy Regulatory Commission should decide, but Reeves decided he wanted a trial in the 11 year old case.

“These people have waited an awful long time to be here, your honor, and there wasn’t but one person, Attorney General Jim Hood, who had the chutzpah to stand up against this company all these years and help them out,” Kilborn said.

Kilborn argued that Entergy defrauded the three member Mississippi Public Service Commission when submitting pass through charges for fuel because it never disclosed it could have bought power from others. Although Entergy Mississippi was at the time part of a four state system, Kilborn argued Entergy Mississippi’s primary duty was to its Mississippi ratepayers.

“The Mississippi ratepayers would have paid a lot less,” Kilborn said.

He argued one reason Entergy didn’t buy power Canada Goose online from independents was because it was canada goose outlet trying to put them out of business to buy their plants on the cheap. Entergy eventually purchased a number of natural gas generating plants at prices far below what it cost to build them.

Sullivan, arguing for Entergy, said Kilborn’s argument ignores important points. She said independent power providers, or IPPs were unable or unwilling to sell power cheaply in the 10 minute increments that Entergy used to balance supply and demand. She said the ability to ramp its own plants up and down played a key role and keeping that balance.

“Does the state have any evidence that we could have bought more energy supply from IPPs at lower cost and at the same extremely high level of flexibility?” Sullivan asked. That evidence will not be there.”

She said the now defunct system agreement benefited all customers, and letting Mississippi purchase cheaper power on its own would have unfairly uk canada goose harmed customers in other states.

“The idea of the system is everyone bears their fair canada goose jacket outlet share of the costs for the flexible energy you need to stay reliable,” Sullivan said

She also dismissed claims that Entergy conspired against goose outlet canada independents, saying they stumbled into trouble because they overbuilt https://www.fcvfrankfurt.de and underestimated how volatile power markets could be.

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