Mississippi chancery court dismisses 11-year-old case against Entergy
In Mississippi, Chancery Court Judge Dewayne Thomas has dismissed a more than 11-year-old case against Entergy pursued by former Attorney General Jim Hood, ruling the matter to have no place in court.
Initially filed in the Hinds County Chancery Court in 2008, the lawsuit alleged that Entergy Mississippi was overcharging customers due to inefficient generating units, rather than buying less expensive wholesale power. Entergy denied this, arguing that a courtroom was no place to address utility rates paid by customers. Entergy Mississippi, LLC provides electricity to around 450,000 customers in the state.
“Entergy Mississippi has acted in the best interest of its customers,” Haley Fisackerly, Entergy Mississippi president and CEO, said. “We have significant oversight by the Federal Energy Regulatory Commission and the Mississippi Public Service Commission, who are tasked with ensuring we treat our customers fairly.”
Indeed, the Mississippi Legislature seemed to back Entergy’s claims in 2018, when it passed Senate Bill 2295, reauthorizing and clarifying that the Mississippi Public Service Commission was the proper place to address state law claims against electric utilities. Some claims could also be taken before the Federal Energy Regulatory Commission, though the Mississippi law did not distinguish which claims should go there, specifically.
Fisackerly added, “Entergy Mississippi has some of the lowest rates in the country. We’re proud of our reputation for integrity in our business practices, which decades of clean audits prove.”
The case itself has bounced around a bit since its inception. After being filed in the Chancery Court, it was removed to the U.S. District Court for the Southern District of Mississippi. Four days after that trial began last year, it was determined to lack jurisdiction and bumped back to the chancery court. Hood pushed for the case to reach Circuit Court, but the summary judgment was granted instead.
The former attorney general had until Jan. 9, 2020, to request a rehearing. He has until Jan. 29, 2020, to appeal.
