Gordon v. Council of City of New Orleans

|H respectfully dissent. Contrary to the majority’s opinion, I have concluded that the decision of the Council of the City of New Orleans (“Council”) to allow Entergy New Orleans (“ENO”) to pass System Fuels, Inc.’s (“SFI”) Period Costs through its fuel adjustment clause from 1985 through 2000, and not require ENO to refund these costs to its customers, was arbitrary and capricious. In my view, the record supports a finding that passing the SFI Period Costs through the fuel adjustment clause was improper, that ENO knew that this practice was improper, and that these costs, because of their…