LITTLE ROCK, Ark. (AP) — A federal judge has thrown out a lawsuit by the city of Osceola in which it tried to recover $4.9 million from Entergy Arkansas in a dispute over wholesale electricity prices.
U.S. District Judge Brian Miller ruled that Osceola should have filed its claim when another Entergy customer filed a complaint with federal regulators.
Arkansas Business reports (http://is.gd/VgayAr ) Osceola sought reimbursement for alleged overpayments for wholesale electricity between 2007 and 2009.
Entergy argued in court papers that the Federal Energy Regulatory Commission had jurisdiction in the case and said Osceola should have pursued its claim in a similar case filed by a Missouri public utility, Union Electric.