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Lawsuit challenging sales tax on Georgia Power's nuclear fee to move foward

By Kristi E Swartz
March 29, 2012

The legal challenge to a portion of Georgia Power's approved nuclear fee for Plant Vogtle will move forward, a Fulton County Superior Court judge ruled Thursday.

Judge Ural Glanville denied the utility's request to dismiss a lawsuit that accuses the company of collecting as much as $100 million in sales taxes and municipal franchise fees on top of approved charges to fund the Plant Vogtle nuclear expansion. The lawsuit was filed by former Gov. Roy Barnes, a Mableton attorney and Democrat, and former House Speaker Glenn Richardson, a Republican from Dallas.

Georgia Power officials say the company is weighing whether to appeal Glanville's decision.

"We intend to vigorously defend the case. The state requires Georgia Power to collect and send sales taxes to the State Department of Revenue, and the company fully complies with the law," the company said in a statement.

Barnes said the judge's ruling was the right one. "We fully expect to prevail on appeal," Barnes said.

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Kristi E Swartz
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