Wednesday, November 03, 2010

Supreme Court wants more information on PPL case

The U.S. Supreme Court on Monday said it wants the federal government to weigh in before deciding whether to accept PPL Montana’s appeal of a decision allowing the state to charge the company rent using state riverbeds to generate power. The nation’s high court, in a brief order without explanation, invited the U.S. solicitor general to file legal briefs “expressing the views of the United States” on the issues involved in the appeal of the $41 million judgment against PPL. A spokesman for PPL Montana said while Monday’s order doesn’t decide whether the U.S. Supreme Court will take the case, the company sees it as potentially positive sign. “I think (the U.S. Supreme Court) recognizes there are some significant federal issues here and wants to see what the U.S. government has to say about it,” said David Hoffman. “We feel very pleased by it.” PPL is asking the high court to accept its appeal of a 5-2 decision in January by the Montana Supreme Court, which said the state owns the riverbeds where PPL has hydroelectric dams and therefore can charge rent for the use of the riverbed. The $41 million in damages are for PPL’s use of the riverbeds from 2000-2007. If the state wins the case, PPL also would be liable for rent since 2007 and 10 per-cent annual interest on the damages award...more

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