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04/03/02 "See News Release 028 for any concurrences and/or dissents."

SUPREME COURT OF LOUISIANA
No. 01-CA-1725 ENTERGY LOUISIANA, INC. Versus LOUISIANA PUBLIC SERVICE COMMISSION, ET AL.
On Appeal From the Nineteenth Judicial District Court for the Parish of East Baton Rouge, Honorable Janice Clark, Judge
JOHNSON, Justice* Entergy Louisiana, Inc. ("ELI") filed suit in the Nineteenth Judicial District Court for the Parish of East Baton Rouge seeking a stay or injunctive relief with respect to portions of Order No. U-20925-G issued by the Louisiana Public Service Commission ("LPSC"). By its Order, the LPSC prohibited ELI from including generating units which are in Extended Reserve Shutdown status in the calculation of reserve equalization payments under Service Schedule MSS-1 of the Entergy System Agreement. The LPSC further ordered ELI to credit the overpayments back to its customers. The district court upheld the Order, finding that the LPSC's findings were neither arbitrary nor capricious and that the entity had acted within its constitutional and statutory authority. ELI appealed that judgment pursuant to La. Const. Art. IV,
Retired Judge Robert L. Lobrano, assigned as Justice Pro Tempore, participating in the decision.
*



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