FERC Sets Entergy's Proposal to Amend the Unit Power Sales A

FERC Sets Entergy's Proposal to Amend the Unit Power Sales Agreement for Hearing to Determine Whether Customers Should Receive a Bigger Rate Decrease | Troutman Pepper


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On February 26, 2021, FERC accepted a proposal from Entergy Services, LLC (“Entergy”) to amend a wholesale rate schedule, the Unit Power Sales Agreement (“UPSA”), subject to refund and set the matter for hearing.  FERC also instituted an investigation under section 206 of the FPA to allow customers to recover refunds associated with any further rate reduction, consolidated various related Entergy proceedings on accumulated deferred income taxes (“ADIT”), set a hearing procedure and held those procedures in abeyance pending the issuance of further FERC orders.
In October 2020, Entergy submitted proposed changes on behalf of System Energy Resources, Inc. (“SERI”), a wholly-owned subsidiary of Entergy, after the IRS resolved an uncertain tax position by issuing a resolution that allows SERI to include future nuclear decommissioning expenses in its Cost of Goods Sold for the 2015 tax year.  The IRS resolution prompted two Entergy filings to: 1) revise the formula rate in the UPSA to establish an ongoing credit for ADIT; and 2) revise the UPSA to provide a one-time credit to customers.  FERC accepted both amendments in a February 5, 2021 order, subject to refund, established hearing procedures, initiated a 206 investigation to allow customer refunds associated with any further reduction, consolidated the proceedings for purposes of hearing and decision, and held the procedures in abeyance pending the issuance of further FERC orders on two related proceedings currently pending before the Commission in Docket Nos. Docket Nos. EL18-152 and ER18-1182.

Related Keywords

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