Nassau County Executive Thomas S. Gulotta and Presiding Officer Bruce Blakeman have announced that the county is going to court in order to protect Nassau County ratepayers from losing the significant electric rate cuts which are being threatened as a result of legal action initiated by the Suffolk County Legislature. Gulotta stated that "Suffolk County received the financial benefits from improperly over-assessing the never-opened Shoreham Nuclear Power Plant for many years to the disadvantage of Nassau residents. The courts have directed that Nassau's taxpayers are entitled to the tax dollars that were improperly collected from them through inflated electric rates. An agreement was reached that provided equity for Nassau and Suffolk taxpayers and ratepayers. Pursuant to that agreement, Nassau County ratepayers pay 1.8 percent less for electricity than Suffolk County's ratepayers, and will receive a total of $625 million over the next 30 years for the overassessment of Shoreham. The Suffolk Legislature by filing a lawsuit has breached the agreement, placing Nassau taxpayers and ratepayers in jeopardy. We will not permit that to happen."
In legal papers filed Friday in Appellate Court, Nassau County is joining with the Long Island Power Authority (LIPA) to ensure that Nassau's ratepayers receive the money that was illegally collected based on the overassessment of the Shoreham Plant.
"Nassau County ratepayers had to bear the cost of this improper tax on Shoreham by paying an inflated electric rate and they received no benefits. Nassau residents are entitled to the return of their hard earned dollars that were improperly collected by Suffolk and we are joining LIPA to recover all amounts due," said Gulotta.
In ongoing litigation with LIPA, Suffolk is seeking to prevent LIPA from collecting $868 million in property taxes the courts have ruled were illegally assessed against the Shoreham plant. All LILCO ratepayers were forced to share in the burden of paying these taxes through increased electric rates, but only Suffolk County residents received the benefits from the taxes paid to Suffolk. "We want to ensure that Nassau ratepayers get a fair and equitable return on the overassessment charges to Nassau ratepayers by Suffolk County's taxing jurisdiction," said Blakeman.
In papers to be filed shortly in Supreme Court, Nassau County is also opposing Suffolk County's recent court case brought to undo the existing rate differential between Nassau and Suffolk ratepayers, which was also established to compensate Nassau ratepayers for the Shoreham taxes improperly collected by Suffolk County. "Either Nassau County residents are entitled to a rate differential or an outright refund of the overcharges put on Nassau ratepayers by Suffolk County," said Blakeman.