Legal Opinion

New Orleans Public Service, Inc. v. Council of New Orleans

Court of Appeals for the Fifth Circuit

Decided December 11, 1987No. 87-3049PublishedCited by 90 opinions

1Opinion of the Court

JOHNSON, Circuit Judge:

New Orleans Public Service, Inc. (NOPSI), and System Energy Resources, Inc. (SERI), two privately held utility companies, appeal the dismissal of their suit to enjoin the New Orleans City Council from forcing the companies to absorb the costs of an ill-fated nuclear power plant. Because we agree with the district court that the controversy is not ripe for resolution, we affirm.

I. BACKGROUND

SERI, formerly Middle South Energy, Inc., owns ninety percent of Grand Gulf 1, a nuclear generating station. Power from Grand Gulf 1 is wholesaled to NOPSI and other utility…

2Cases cited21 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Buckley v. ValeoSupreme Court of the United States · 1976
  4. Allen v. WrightSupreme Court of the United States · 1984
  5. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982

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3Cited by90 opinions

  1. New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
  2. Orix Credit Alliance, Inc. v. Frank A. Wolfe, Jr. And Lexie D. WolfeCourt of Appeals for the Fifth Circuit · 2000
  3. Angie Waller v. City of Fort Worth Texas, eCourt of Appeals for the Fifth Circuit · 2019
  4. United Transportation Union v. FosterCourt of Appeals for the Fifth Circuit · 2000
  5. Chevron U.S.A., Inc., Cross-Appellant v. Traillour Oil Company v. Earl Harvey Archer, Iii, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1993

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