Court affirms utilities' cost recovery program (FL-SC)

[FBaggins]

2. The fact that it was a frivolous lawsuit probably made it easier.

It's one thing to argue that the rule is bad policy. You can convince the legislature to change the rule (or vote in people who will). It's quite another to claim that the law is an unconstitutional delegation of the legislature's authority to the public service board.

If that were true, there would be lots of states with constitutional problems going well beyond nuclear power.

Their other argument is pretty circular. They want to claim that going through the NRC's permitting process does not constitute an "intent to build" because the utility hasn't made a final commitment/decision to build. The problem is that they can't make such a determination without first going throught the process.

and is likely gleefully totting up imaginary nuclear plants it can charge Florida customers for at this very moment

It appears that the law is changing at least enough to avoid that.