Newton v. Duke Energy Florida, LLC, No. 17-10080 (11th Cir. 2018)Annotate this Case
Plaintiffs filed a putative class action claiming that two provisions of the Florida Renewable Technologies and Energy Efficiency Act, which authorized the Nuclear Cost Recovery System (NCRS), were invalid under the Dormant Commerce Clause (DCC). Plaintiffs also claimed that the two provisions of the Act were preempted by the Atomic Energy Act of 1954, and the Energy Policy Act of 2005. The Eleventh Circuit affirmed the dismissal of the DCC claim under Federal Rule of Civil Procedure 12(b)(6), because plaintiffs' interests as Florida electric utility customers were well beyond the zone the DCC was meant to protect. The court held that the Atomic Energy Act did not preempt the NCRS, and the district court did not abuse its discretion in denying plaintiffs leave to amend.